Congressional Record, Volume 159 Issue 56 (Tuesday, April 23, 2013)

[Congressional Record Volume 159, Number 56 (Tuesday, April 23, 2013)]
[House]
[Pages H2171-H2228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL PARK SERVICE AND RELATED PROGRAMS ENACTMENT

Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1068) to enact title 54, United States Code, ``National Park
Service and Related Programs'', as positive law, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1068

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Table of contents.
Sec. 2. Purpose; conformity with original intent.
Sec. 3. Enactment of title 54, United States Code.
Sec. 4. Conforming amendments.
Sec. 5. Conforming cross-references.
Sec. 6. Transitional and savings provisions.
Sec. 7. Repeals.

SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT.

(a) Purpose.--The purpose of this Act is to codify certain
existing laws relating to the National Park System as title
54, United States Code, ``National Park Service and Related
Programs''.
(b) Conformity With Original Intent.--In the codification
of laws by this Act, the intent is to conform to the
understood policy, intent, and purpose of Congress in the
original enactments, with such amendments and corrections as
will remove ambiguities, contradictions, and other
imperfections, in accordance with section 205(c)(1) of House
Resolution No. 988, 93d Congress, as enacted into law by
Public Law 93-554 (2 U.S.C. 285b(1)).

SEC. 3. ENACTMENT OF TITLE 54, UNITED STATES CODE.

Title 54, United States Code, ``National Park Service and
Related Programs'', is enacted as follows:

[[Page H2172]]

TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

Subtitle I--National Park System

Division A--Establishment and General Administration
Chap. Sec.

1001. General Provisions................................... 100101
1003. Establishment, Directors, and Other Employees........ 100301
1005. Areas of National Park System........................ 100501
1007. Resource Management.................................. 100701
1009. Administration....................................... 100901
1011. Donations............................................ 101101
1013. Employees............................................ 101301
1015. Transportation....................................... 101501
1017. Financial Agreements................................. 101701
1019. Concessions and Commercial Use Authorizations........ 101901
1021. Privileges and Leases................................ 102101
1023. Programs and Organizations........................... 102301
1025. Museums.............................................. 102501
1027. Law Enforcement and Emergency Assistance............. 102701
1029. Land Transfers....................................... 102901
1031. Appropriations and Accounting........................ 103101
1033. National Military Parks.............................. 103301
1035 through 1047......................................... Reserved
1049. Miscellaneous........................................ 104901

Division B--System Units and Related Areas--Reserved

Subtitle II--Outdoor Recreation Programs
2001. Coordination of Programs............................. 200101
2003. Land and Water Conservation Fund..................... 200301
2005. Urban Park and Recreation Recovery Program........... 200501

Subtitle III--National Preservation Programs

Division A--Historic Preservation

Subdivision 1--General Provisions
3001. Policy............................................... 300101
3003. Definitions.......................................... 300301

Subdivision 2--Historic Preservation Program
3021. National Register of Historic Places................. 302101
3023. State Historic Preservation Programs................. 302301
3025. Certification of Local Governments................... 302501
3027. Historic Preservation Programs and Authorities for
Indian Tribes and Native Hawaiian Organizations.... 302701
3029. Grants............................................... 302901
3031. Historic Preservation Fund........................... 303101
3033 Through 3037......................................... Reserved
3039. Miscellaneous........................................ 303901

Subdivision 3--Advisory Council on Historic Preservation
3041. Advisory Council on Historic Preservation............ 304101

Subdivision 4--Other Organizations and Programs
3051. Historic Light Station Preservation.................. 305101
3053. National Center for Preservation Technology and
Training........................................... 305301
3055. National Building Museum............................. 305501

Subdivision 5--Federal Agency Historic Preservation Responsibilities
3061. Program Responsibilities and Authorities............. 306101

Subdivision 6--Miscellaneous
3071. Miscellaneous........................................ 307101

Division B--Organizations and Programs

Subdivision 1--Administered by National Park Service
3081. American Battlefield Protection Program.............. 308101
3083. National Underground Railroad Network to Freedom..... 308301
3085. National Women's Rights History Project.............. 308501
3087. National Maritime Heritage........................... 308701
3089. Save America's Treasures Program..................... 308901
3091. Commemoration of Former Presidents................... 309101

Subdivision 2--Administered Jointly With National Park Service
3111. Preserve America Program............................. 311101

Subdivision 3--Administered by Other Than National Park Service
3121. National Trust for Historic Preservation in the
United States...................................... 312101
3123. Commission for the Preservation of America's Heritage
Abroad............................................. 312301
3125. Preservation of Historical and Archeological Data.... 312501

Division C--American Antiquities
3201. Policy and Administrative Provisions................. 320101
3203. Monuments, Ruins, Sites, and Objects of Antiquity.... 320301

Subtitle I--National Park System
Division A--Establishment and General Administration
Chapter 1001--General Provisions
Sec.
100101. Promotion and regulation.
100102. Definitions.

Sec. 100101. Promotion and regulation

(a) In General.--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.
(b) Declarations.--
(1) 1970 declarations.--Congress declares that--
(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 reaffirmation.--Congress reaffirms, declares, and
directs that the promotion and regulation of the various
System units shall be consistent with and founded in the
purpose established by subsection (a), to the common benefit
of all the people of the United States. The authorization of
activities shall be construed and the protection, management,
and administration of the System units shall be conducted in
light of the high public value and integrity of the System
and shall not be exercised in derogation of the values and
purposes for which the System units have been established,
except as directly and specifically provided by Congress.

Sec. 100102. Definitions

In this title:
(1) Director.--The term ``Director'' means the Director of
the National Park Service.
(2) National park system.--The term ``National Park
System'' means the areas of land and water described in
section 100501 of this title.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Service.--The term ``Service'' means the National Park
Service.
(5) System.--The term ``System'' means the National Park
System.
(6) System unit.--The term ``System unit'' means one of the
areas described in section 100501 of this title.
Chapter 1003--Establishment, Directors, and Other Employees
Sec.
100301. Establishment.
100302. Directors and other employees.
100303. Effect on other laws.

Sec. 100301. Establishment

There is in the Department of the Interior a service called
the National Park Service.

Sec. 100302. Directors and other employees

(a) Director.--
(1) Appointment.--The Service shall be under the charge of
a director who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) Qualifications.--The Director shall have substantial
experience and demonstrated competence in land management and
natural or cultural resource conservation.
(3) Authority.--Under the direction of the Secretary, the
Director shall have the supervision, management, and control
of System units. In the supervision, management, and control
of System units contiguous to national forests the Secretary
of Agriculture may cooperate with the Service to such extent
as may be requested by the Secretary.
(b) Deputy Directors.--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.
(c) Other Employees.--The Service shall have such
subordinate officers and employees as may be appropriated for
by Congress.

Sec. 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.
Chapter 1005--Areas of National Park System
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.

Sec. 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.

Sec. 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;

[[Page H2173]]

(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.

Sec. 100503. Five-year strategic plans

(a) Strategic and Performance Plans.--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.
(b) Annual Budget.--
(1) In general.--As a part of the annual performance plan
for a System unit prepared pursuant to subsection (a),
following receipt of the appropriation for the unit from the
Operations of the National Park System account (but not later
than January 1 of each year), the superintendent of the
System unit shall develop and make available to the public
the budget for the current fiscal year for that System unit.
(2) Contents.--The budget shall include--
(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.

Sec. 100504. Study and planning of park, parkway, and
recreational-area facilities

(a) In General.--
(1) Definition.--In this subsection, the term ``State''
means a State, the District of Columbia, Puerto Rico, Guam,
and the Virgin Islands.
(2) Study.--The Secretary shall cause the Service to make a
comprehensive study, other than on land under the
jurisdiction of the Secretary of Agriculture, of the public
park, parkway, and recreational area programs of the United
States, States, and political subdivisions of States and of
areas of land throughout the United States that are or may be
chiefly valuable as public park, parkway, or recreational
areas. A study shall not be made in any State without the
consent and approval of the State officials, boards, or
departments having jurisdiction over the land. The study
shall be such as, in the judgment of the Secretary, will
provide data helpful in developing a plan for coordinated and
adequate public park, parkway, and recreational-area
facilities for the people of the United States.
(3) Cooperation and agreements with other entities.--In
making the study and to accomplish the purposes of this
section, the Secretary, acting through the Director--
(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) State planning.--For the purpose of developing
coordinated and adequate public park, parkway, and
recreational-area facilities for the people of the United
States, the Secretary may aid States and political
subdivisions of States in planning public park, parkway, and
recreational areas and in cooperating with one another to
accomplish these ends. Aid shall be made available through
the Service acting in cooperation with such State agencies or
agencies of political subdivisions of States as the Secretary
considers best.
(b) Consent of Congress to Agreements Between States.--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.

Sec. 100505. Periodic review of System

(a) Authority of Secretary To Conduct Review.--The
Secretary shall conduct a systematic and comprehensive review
of certain aspects of the System and on a periodic basis (but
not 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.
(b) Consultation.--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.
(c) Contents of report.--The report shall contain the
following:
(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.

Sec. 100506. Boundary changes to System units

(a) Criteria for Evaluation.--The Secretary shall maintain
criteria to evaluate any proposed changes to the boundaries
of System units, including--
(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) Proposal of Secretary.--In proposing a boundary change
to a System unit, the Secretary shall--
(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) Minor Boundary Changes.--
(1) In general.--When the Secretary determines that to do
so will contribute to, and is necessary for, the proper
preservation, protection, interpretation, or management of a
System unit, the Secretary may, following timely notice in
writing to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate of the Secretary's intention to do
so, and by publication of a revised boundary map or other
description in the Federal Register--
(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) Consultation.--Prior to making a determination under
this subsection, the Secretary shall consult with the
governing body of the county, city, town, or other
jurisdiction or jurisdictions having primary taxing authority
over the land or interest to be acquired as to the impacts of
the proposed action.
(3) Action to advance local public awareness.--The
Secretary shall take such steps as the Secretary considers
appropriate to advance local public awareness of the proposed
action.
(4) Administration of acquisitions.--Land, water, and
interests in land or water acquired in accordance with this
subsection shall be administered as part of the System unit
to which they are added, subject to the laws and regulations
applicable to the System unit.
(5) When authority applies.--For the purposes of paragraph
(1)(A), in all cases except the case of technical boundary
changes (resulting from such causes as survey error or
changed road alignments), the authority of the Secretary
under paragraph (1)(A) shall apply only if each of the
following conditions is met:
(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.

[[Page H2174]]

(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) Act of congress required.--Minor boundary changes
involving only deletions of acreage owned by the Federal
Government and administered by the Service may be made only
by Act of Congress.

Sec. 100507. Additional areas for System

(a) Monitoring Areas for Inclusion in System.--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.
(b) Submission of List of Areas Recommended for Study for
Potential Inclusion.--
(1) When list is to be submitted.--At the beginning of each
calendar year, with the annual budget submission, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a list of areas
recommended for study for potential inclusion in the System.
(2) Factors to be considered.--In developing the list to be
submitted under this subsection, the Secretary shall
consider--
(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) Accompanying synopsis.--Accompanying the annual listing
of areas shall be a synopsis, for each report previously
submitted, of the current and changed condition of the
resource integrity of the area and other relevant factors,
compiled as a result of continual periodic monitoring and
embracing the period since the previous submission or initial
report submission one year earlier.
(4) Congressional authorization required.--No study of the
potential of an area for inclusion in the System may be
initiated except as provided by specific authorization of an
Act of Congress.
(5) Authority to conduct certain activities not limited.--
This section and sections 100901(b), 101702(b) and (c), and
102102 of this title do not limit the authority of the
Service to conduct preliminary resource assessments, gather
data on potential study areas, provide technical and planning
assistance, prepare or process nominations for administrative
designations, update previous studies, or complete
reconnaissance surveys of individual areas requiring a total
expenditure of less than $25,000.
(6) Study of rivers or trails not affected.--This section
does not apply to or affect or alter the study of--
(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) Study of Areas for Potential Inclusion.--
(1) Study to be completed within 3 years.--The Secretary
shall complete the study for each area for potential
inclusion in the System within 3 complete fiscal years
following the date on which funds are first made available
for that purpose.
(2) Opportunity for public involvement required.--Each
study under this section shall be prepared with appropriate
opportunity for public involvement, including at least one
public meeting in the vicinity of the area under study, and
after reasonable efforts to notify potentially affected
landowners and State and local governments.
(3) Considerations.--In conducting the study, the Secretary
shall consider whether the area under study--
(A) possesses nationally significant natural or cultural
resources and represents one of the most important examples
of a particular resource type in the country; and
(B) is a suitable and feasible addition to the System.
(4) Scope of study.--Each study--
(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) Compliance with national environmental policy act of
1969.--Each study shall be completed in compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(6) Recommendation of preferred management option.--The
letter transmitting each completed study to Congress shall
contain a recommendation regarding the Secretary's preferred
management option for the area.
(d) List of Areas Previously Studied.--
(1) Submission of list.--At the beginning of each calendar
year, with the annual budget submission, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, in numerical order of priority for
addition to the System--
(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) Considerations.--In developing the lists, the Secretary
should consider threats to resource values, cost escalation
factors, and other factors listed in subsection (c).
(3) Areas eligible for inclusion.--The Secretary should
include on the lists only areas for which the supporting data
are current and accurate.
(e) List of Areas That Exhibit Danger or Threats to the
Integrity of Their Resources.--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.
(f) Reports and Listings Printed as House Documents.--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.
(g) Designation of Office.--The Secretary shall designate a
single office to prepare all new area studies and to
implement other functions under this section.
(h) Authorization of Appropriations.--
(1) Studies of potential new system units and monitoring
the welfare of system unit resources.--To carry out studies
for potential new System units and for monitoring the welfare
of historical and natural resources referred to in
subparagraphs (A) and (B) of subsection (d)(1), there is
authorized to be appropriated not more than $1,000,000 for
each fiscal year.
(2) Monitoring welfare and integrity of national
landmarks.--To monitor the welfare and integrity of the
national landmarks, there is authorized to be appropriated
not more than $1,500,000 for each fiscal year.
(3) Carrying out subsections (b), (c), and (g).--To carry
out subsections (b), (c), and (g), there is authorized to be
appropriated $2,000,000 for each fiscal year.
Chapter 1007--Resource Management
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.

[[Page H2175]]

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.
Subchapter I--System Resource Inventory and Management

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 100705. Availability of System units for scientific
study

(a) In General.--The Secretary may solicit, receive, and
consider requests from Federal or non-Federal public or
private agencies, organizations, individuals, or other
entities for the use of any System unit for purposes of
scientific study.
(b) Criteria.--A request for use of a System unit under
subsection (a) may be approved only if the Secretary
determines that the proposed study--
(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) Fee Waiver.--The Secretary may waive any System unit
admission or recreational use fee in order to facilitate the
conduct of scientific study under this section.
(d) Benefit-Sharing Arrangements.--The Secretary may
negotiate for and enter into equitable, efficient benefit-
sharing arrangements with the research community and private
industry.

Sec. 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.

Sec. 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.
Subchapter II--System Unit Resource Protection

Sec. 100721. Definitions

In this subchapter:
(1) Damages.--The term ``damages'' includes--
(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) Response costs.--The term ``response costs'' means the
costs of actions taken by the Secretary to--
(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) System unit resource.--
(A) In general.--The term ``System unit resource'' means
any living or non-living resource that is located within the
boundaries of a System unit.
(B) Exclusion.--The term ``System unit resource'' does not
include a resource owned by a non-Federal entity.

Sec. 100722. Liability

(a) In General.--Subject to subsection (c), any person that
destroys, causes the loss of, or injures any System unit
resource is liable to the United States for response costs
and damages resulting from the destruction, loss, or injury.
(b) Liability In Rem.--Any instrumentality, including a
vessel, vehicle, aircraft, or other equipment, that destroys,
causes the loss of, or injures any System unit resource shall
be liable in rem to the United States for response costs and
damages resulting from the destruction, loss, or injury to
the same extent as a person is liable under subsection (a).
(c) Defenses.--A person is not liable under this section if
the person establishes that--
(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) Scope.--Liability under this section is in addition to
any other liability that may arise under Federal or State
law.

Sec. 100723. Actions

(a) Civil Action for Response Costs and Damages.--The
Attorney General, on request of the Secretary after a finding
by the Secretary of destruction, loss, or injury to a System
unit resource or a finding that absent the undertaking of a
response action, destruction, loss, or injury to a System
unit resource would have occurred, may bring a civil action
in United States district court against any person or
instrumentality that may be liable under section 100722 of
this title for response costs and damages. The Secretary
shall submit a request for the civil action to the Attorney
General whenever a person may be liable or an instrumentality
may be liable in rem for those costs and damages under
section 100722 of this title.
(b) Response Actions and Assessment of Destruction, Loss,
or Injury.--
(1) Actions to prevent or minimize destruction, loss, or
injury.--The Secretary shall undertake all necessary actions
to--
(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) Assessment and monitoring.--The Secretary shall assess
and monitor destruction, loss, or injury to System unit
resources.

Sec. 100724. Use of recovered amounts

(a) Limitation on Use.--Response costs and damages
recovered by the Secretary under this subchapter or amounts
recovered by the Federal Government under any Federal, State,
or local law or regulation or otherwise as a result of
destruction, loss of, or injury to any System unit resource
shall be available to the Secretary and without further
Congressional action may be used only as follows:
(1) Reimbursement.--To reimburse response costs and damage
assessments by the Secretary or other Federal agencies as the
Secretary considers appropriate.
(2) Restoration and replacement.--To restore, replace, or
acquire the equivalent of System unit resources that were the
subject of the action and to monitor and study those System
unit resources. The funds may not be used to acquire any land
or water, interest in land or water, or right to land or
water unless the acquisition is specifically approved in
advance in appropriations Acts. The acquisition shall be
subject to any limitations contained in the legislation
establishing the System unit.
(b) Excess Amounts.--Any amounts remaining after
expenditures pursuant to paragraphs (1) and (2) of subsection
(a) shall be deposited in the Treasury.

Sec. 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.

[[Page H2176]]

Subchapter III--Mining Activity Within System Units

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 100737. Financial disclosure by officer or employee of
Secretary

(a) Written Statements.--Each officer or employee of the
Secretary who--
(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) Monitoring and Enforcement Procedures.--The Secretary
shall--
(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) Exemptions.--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.
(d) Criminal Penalties.--Criminal penalties for a violation
of this section are provided by section 1865 of title 18.
Subchapter IV--Administration

Sec. 100751. Regulations

(a) In General.--The Secretary shall prescribe such
regulations as the Secretary considers necessary or proper
for the use and management of System units.
(b) Boating and Other Activities on or Relating to Water.--
The Secretary, under such terms and conditions as the
Secretary considers advisable, may prescribe regulations
under subsection (a) concerning boating and other activities
on or relating to water located within System units,
including water subject to the jurisdiction of the United
States. Any regulation under this subsection shall be
complementary to, and not in derogation of, the authority of
the Coast Guard to regulate the use of water subject to the
jurisdiction of the United States.
(c) Criminal Penalties.--Criminal penalties for a violation
of a regulation prescribed under this section are provided by
section 1865 of title 18.

Sec. 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.

Sec. 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.

Sec. 100754. Relinquishment of legislative jurisdiction

(a) In General.--Notwithstanding any other provision of
law, the Secretary may relinquish to a State or a territory
(including a possession) of the United States part of the
legislative jurisdiction of the United States over System
land or interests in land in that State or territory.
Relinquishment may be accomplished--
(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) Submission of Agreement to Congress.--Prior to
consummating a relinquishment under subsection (a), the
Secretary shall submit the proposed agreement to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives. The Secretary shall not finalize the
agreement until 60 calendar days after the submission has
elapsed.
(c) Concurrent Legislative Jurisdiction.--The Secretary
shall diligently pursue the consummation of arrangements with
each State or territory within which a System unit is located
so that insofar as practicable the United States shall
exercise concurrent legislative jurisdiction within System
units.

Sec. 100755. Applicability of other laws

(a) In General.--This section and sections 100501,
100901(d) to (h), 101302(b)(2), 101901(c), and 102711 of this
title, and the various authorities relating to the
administration and protection of System units, including the
provisions of law listed in subsection (b), shall, to the
extent that those provisions are not in conflict with any
such specific provision, be applicable to System units, and
any reference in any of these provisions to a System unit
does not limit those provisions to that System unit.
(b) Applicable Provisions.--The provisions of law referred
to in subsection (a) are--
(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.
Chapter 1009--Administration
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.

Sec. 100901. Authority of Secretary to carry out certain
activities

[[Page H2177]]

(b) Services, Resources, or Water Contracts.--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--
(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) Vehicular Air Conditioning.--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.
(d) Utility Facilities.--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.
(e) Supplies and Rental of Equipment.--The Secretary may
furnish, on a reimbursement of appropriation basis, supplies,
and 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.
(f) Contracts for Utility Facilities.--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.
(g) Rights of Way Necessary To Construct, Improve, and
Maintain Roads.--The Secretary may acquire--
(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) Operation and Maintenance of Motor and Other
Equipment.--
(1) In general.--The Secretary may operate, repair,
maintain, and replace motor and other equipment on a
reimbursable basis when the equipment is used on Federal
projects of the System, chargeable to other appropriations,
or on work of other Federal agencies, when requested by the
agencies.
(2) Reimbursement.--Reimbursement shall be--
(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) Rental of equipment for fire control purposes.--The
Secretary may rent equipment for fire control purposes to
State, county, private, or other non-Federal agencies that
cooperate with the Secretary in the administration of the
System and other areas in fire control. The rental shall be
under the terms of written cooperative agreements. The amount
collected for the rentals shall be credited to appropriations
currently available at the time payment is received.

Sec. 100902. Rights of way for public utilities and power and
communication facilities

(a) Public Utilities.--
(1) In general.--Under regulations the Secretary
prescribes, the Secretary may grant a right of way through a
System unit to a citizen, association, or corporation of the
United States that intends to use the right of way for--
(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) Extent of right of way.--A right of way under this
subsection shall be for--
(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) Approval.--A right of way under this subsection shall
be allowed within or through a System unit only on the
approval of the Secretary and on a finding that the right of
way is not incompatible with the public interest.
(4) Revocation.--The Secretary may revoke a right of way
under this subsection.
(5) Right, easement, or interest not conferred.--A right of
way under this subsection does not confer any right,
easement, or interest in, to, or over a System unit.
(b) Power and Communication Facilities.--
(1) In general.--Under regulations the Secretary
prescribes, the Secretary may grant a right of way over,
across, and on through a System unit to a citizen,
association, or corporation of the United States that intends
to use the right of way for--
(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) Extent of right of way.--A right of way under this
subsection--
(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) Approval.--A right of way under this subsection shall
be allowed within or through a System unit only on the
approval of the Secretary and on a finding that the right of
way is not incompatible with the public interest.
(4) Forfeiture and annulment.--The Secretary may forfeit
and annul any part of a right of way under this subsection
for--
(A) nonuse for a period of 2 years; or
(B) abandonment.

Sec. 100903. Solid waste disposal operations

(a) In General--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--
(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) Regulations.--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.

Sec. 100904. Admission and special recreation use fees

(a) System Units at Which Entrance Fees or Admissions Fees
Cannot Be Collected.--
(1) Withholding of amounts.--Notwithstanding section 107 of
the Department of the Interior and Related Agencies
Appropriations Act, 1998 (Public Law 105-83, 111 Stat. 1561),
the Secretary shall withhold from the special account under
section 807(a) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6806(a)) 100 percent of the fees and charges
collected in connection with any System unit at which
entrance fees or admission fees cannot be collected by reason
of deed restrictions.
(2) Use of amounts.--Amounts withheld under paragraph (1)
shall be retained by the Secretary and shall be available,
without further appropriation, for expenditure by the
Secretary for the System unit with respect to which the
amounts were collected for the purposes of enhancing the
quality of the visitor experience, protection of resources,
repair and maintenance, interpretation, signage, habitat or
facility enhancement, resource preservation, annual operation
(including fee collection), maintenance, and law enforcement.
(b) Allocation of Funds to System Units.--
(1) Allocation of funds on basis of need.--Ten percent of
the funds made available to the Director under subsection (a)
in each fiscal year shall be allocated among System units on
the basis of need in a manner to be determined by the
Director.
(2) Allocation of funds based on expenses and based on fees
collected.--
(A) In general.--Forty percent of the funds made available
to the Director under subsection (a) in each fiscal year
shall be allocated among System units in accordance with
subparagraph (B) of this subsection and 50 percent shall be
allocated in accordance with subparagraph (C).
(B) Allocation based on expenses.-The amount allocated to
each System unit under this paragraph for each fiscal year
based on expenses shall be a fraction of the total allocation
to all System units under this paragraph. The fraction for
each System unit

[[Page H2178]]

shall be determined by dividing the operating expenses at
that System unit during the prior fiscal year by the total
operating expenses at all System units during the prior
fiscal year.
(C) Allocation based on fees collected.--The amount
allocated to each System unit under this paragraph for each
fiscal year based on fees collected shall be a fraction of
the total allocation to all System units under this
paragraph. The fraction for each System unit shall be
determined by dividing the user fees and admission fees
collected under this section at that System unit during the
prior fiscal year by the total of user fees and admission
fees collected under this section at all System units during
the prior fiscal year.
(3) Availability of amounts.--Amounts allocated under this
subsection to any System unit for any fiscal year and not
expended in that fiscal year shall remain available for
expenditure at that System unit until expended.
(c) Selling of Permits.--
(1) Authority to sell permits.--When authorized by the
Secretary, volunteers at System units may sell permits and
collect fees authorized or established pursuant to this
section. The Secretary shall ensure that the volunteers have
adequate training regarding--
(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) Surety bond required.--The Secretary shall require a
surety bond for any such volunteer performing services under
this subsection. Funds available to the Service may be used
to cover the cost of the surety bond. The Secretary may enter
into arrangements with qualified public or private entities
pursuant to which the entities may sell (without cost to the
United States) annual admission permits (including Golden
Eagle Passports) at any appropriate location. The
arrangements shall require each such entity to reimburse the
United States for the full amount to be received from the
sale of the permits at or before the Secretary delivers the
permits to the entity for sale.
(d) Charge for Transportation Provided by Service for
Viewing System Units.--
(1) Charge when transportation provided.--Where the Service
provides transportation to view all or a portion of any
System unit, the Director may impose a charge for the service
in lieu of an admission fee under this section.
(2) Retention of charge and use of retained amount.--
Notwithstanding any other provision of law, half of the
charges imposed under paragraph (1) shall be retained by the
System unit at which the service was provided. The remainder
shall be deposited in the same manner as receipts from fees
collected pursuant to this section. Fifty percent of the
amount retained shall be expended only for maintenance of
transportation systems at the System unit where the charge
was imposed. The remaining 50 percent of the retained amount
shall be expended only for activities related to resource
protection at those System units.
(e) Admission Fees.-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.
(f) Commercial Tour Use Fees.--
(1) Establishment.--In the case of each System unit for
which an admission fee is charged under this section, the
Secretary shall establish a commercial tour use fee to be
imposed on each vehicle entering the System unit for the
purpose of providing commercial tour services within the
System unit.
(2) Amount.--The Secretary shall establish the amount of
fee per entry as follows:
(A) Twenty-five dollars per vehicle with a passenger
capacity of 25 individuals or less.
(B) Fifty dollars per vehicle with a passenger capacity of
more than 25 individuals.
(3) Adjustments.--The Secretary may periodically make
reasonable adjustments to the commercial tour use fee imposed
under this subsection.
(4) Nonapplicability.--The commercial tour use fee imposed
under this subsection shall not apply to the following:
(A) Any vehicle transporting organized school groups or
outings conducted for educational purposes by schools or
other bona fide educational institutions.
(B) Any vehicle entering a System unit pursuant to a
contract issued under subchapter II of chapter 1019 of this
title.
(5) Applicability.--This subsection shall apply to aircraft
entering the airspace of--
(A) Haleakala Crater, Crater Cabins, the Scientific
Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any
designated tourist viewpoint in Haleakala National Park or of
Grand Canyon National Park; or
(B) any other System unit for the specific purpose of
providing commercial tour services if the Secretary
determines that the level of the services is equal to or
greater than the level at the System units specified in
subparagraph (A).

Sec. 100905. Commercial filming

(a) Commercial Filming Fee.--
(1) In general.--The Secretary shall require a permit and
shall establish a reasonable fee for commercial filming
activities or similar projects in a System unit. The fee
shall provide a fair return to the United States and shall be
based on the following criteria:
(A) The number of days the filming activity or similar
project takes place in the System unit.
(B) The size of the film crew present in the System unit.
(C) The amount and type of equipment present in the System
unit.
(2) Other factors.--The Secretary may include other factors
in determining an appropriate fee as the Secretary considers
necessary.
(b) Recovery of Costs.--The Secretary shall collect any
costs incurred as a result of filming activities or similar
projects, including administrative and personnel costs. All
costs recovered shall be in addition to the fee assessed in
subsection (a).
(c) Still Photography.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall not require a permit or assess a fee for
still photography in a System unit if the photography takes
place where members of the public are generally allowed. The
Secretary may require a permit, assess a fee, or both, if the
photography takes place at other locations where members of
the public are generally not allowed, or where additional
administrative costs are likely.
(2) Exception.--The Secretary shall require and shall
establish a reasonable fee for still photography that uses
models or props that are not a part of the site's natural or
cultural resources or administrative facilities.
(d) Protection of Resources.--The Secretary shall not
permit any filming, still photography or other related
activity if the Secretary determines that--
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the
public's use and enjoyment of the site; or
(3) the activity poses health or safety risks to the
public.
(e) Use of Proceeds.--
(1) Fees.--All fees collected under this section shall be
available for expenditure by the Secretary, without further
appropriation and shall remain available until expended.
(2) Costs.--All costs recovered under this section shall be
available for expenditure by the Secretary, without further
appropriation, at the site where the costs are collected and
shall remain available until expended.
(f) Processing of Permit Applications.--The Secretary shall
establish a process to ensure that the Secretary responds in
a timely manner to permit applicants for commercial filming,
still photography, or other activity.

Sec. 100906. Advisory committees

(a) Establishment.--To facilitate the administration of the
System, the Secretary, under such terms and conditions as the
Secretary may consider advisable, may appoint and establish
advisory committees in regard to the functions of the Service
as the Secretary considers advisable.
(b) Charter Exception On Renewal.--Section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.) is waived with
respect to any advisory commission or advisory committee
established by law in connection with any System unit during
the period for which the commission or committee is
authorized by law.
(c) Service of Members.--Any member of any advisory
commission or advisory committee established in connection
with any System unit may serve after the expiration of the
member's term until a successor is appointed.
(d) Compensation and Travel Expenses.--Members of an
advisory committee established under subsection (a) shall
receive no compensation for their services as such but shall
be allowed necessary travel expenses as authorized by section
5703 of title 5.
Chapter 1011--Donations
Subchapter I--Authority of Secretary
Sec.
101101. Authority to accept land, rights-of-way, buildings, other
property, and money.
101102. Authority to accept and use funds to consolidate Federal land
ownership.
Subchapter II--National Park Foundation
101111. 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.
Subchapter I--Authority of Secretary

Sec. 101101. Authority to accept land, rights-of-way,
buildings, other property, and money

The Secretary in the administration of the Service may
accept--

[[Page H2179]]

(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.

Sec. 101102. Authority to accept and use funds to consolidate
Federal land ownership

(a) In General.--The Secretary may--
(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) Authorization of Appropriations.--There are authorized
to be appropriated for each fiscal year not more than
$500,000 to match funds that are donated for those purposes.
Subchapter II--National Park Foundation

Sec. 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.

Sec. 101112. Board

(a) Membership.--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.
(b) Term of Office and Vacancies.--The term of the private
citizen members of the Board is 6 years. If a successor is
chosen to fill a vacancy occurring prior to the expiration of
a term, the successor shall be chosen only for the remainder
of that term.
(c) Chairman and Secretary.--The Secretary shall be the
Chairman of the Board and the Director shall be the Secretary
of the Board.
(d) Board Membership Not an Office.--Membership on the
Board shall not be an office within the meaning of the
statutes of the United States.
(e) Quorum.--A majority of the members of the Board serving
at any time shall constitute a quorum for the transaction of
business.
(f) Seal.--The National Park Foundation shall have an
official seal, which shall be judicially noticed.
(g) Meetings.--The Board shall meet at the call of the
Chairman and there shall be at least one meeting each year.
(h) Compensation and Reimbursement.--No compensation shall
be paid to the members of the Board for their services as
members, but they shall be reimbursed for actual and
necessary traveling and subsistence expenses incurred by them
in the performance of their duties as members out of National
Park Foundation funds available to the Board for those
purposes.

Sec. 101113. Gifts, devises, or bequests

(a) Authority To Accept Gifts, Devises, or Bequests.--
(1) In general.--The National Park Foundation may accept,
receive, solicit, hold, administer, and use any gifts,
devises, or bequests, either absolutely or in trust of real
or personal property, or any income from, or other interest
in, the gift, devise, or bequest, for the benefit of, or in
connection with, the Service, its activities, or its
services.
(2) Gift, devise, or bequest that is encumbered,
restricted, or subject to beneficial interests.--A gift,
devise, or bequest may be accepted by the National Park
Foundation even though it is encumbered, restricted, or
subject to beneficial interests of private persons if any
current or future interest in the gift, devise, or bequest is
for the benefit of the Service, its activities, or its
services.
(b) When Gift, Devise, or Bequest May Not Be Accepted.--The
National Park Foundation may not accept any gift, devise, or
bequest that entails any expenditure other than from the
resources of the Foundation.
(c) Interest in Real Property.--For purposes of this
section, an interest in real property includes easements or
other rights for preservation, conservation, protection, or
enhancement by and for the public of natural, scenic,
historic, scientific, educational, inspirational, or
recreational resources.

Sec. 101114. Disposition of property or income

(a) Authority To Dispose or Deal With Property or Income.--
Except as otherwise required by the instrument of transfer,
the National Park Foundation may sell, lease, invest,
reinvest, retain, or otherwise dispose of or deal with any
property or income from the property as the Board may
determine.
(b) Restriction.--The National Park Foundation shall not
engage in any business or make any investment that may not
lawfully be made by a trust company in the District of
Columbia, except that the Foundation may make any investment
authorized by the instrument of transfer, and may retain any
property accepted by the Foundation.
(c) Use of Services and Facilities of the Departments of
the Interior and Justice.--The National Park Foundation may
utilize the services and facilities of the Department of the
Interior and the Department of Justice, and the services and
facilities may be made available on request to the extent
practicable with or without reimbursement. Amounts reimbursed
to either Department shall be returned by the Department to
the account from which the funds for which the reimbursement
is made were drawn and may, without further appropriation, be
expended for any purpose for which the account is authorized.

Sec. 101115. Corporate succession and powers and duties
acting as trustee; personal liability for malfeasance

(a) Perpetual Succession.--The National Park Foundation
shall have perpetual succession.
(b) Powers and Duties of Trustee.--The National Park
Foundation shall have all the usual powers and obligations of
a corporation acting as a trustee, including the power to sue
and to be sued in its own name.
(c) Personal Liability of Board Members.--The members of
the Board shall not be personally liable, except for
malfeasance.

Sec. 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.

Sec. 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.

Sec. 101118. Tax exemptions; contributions toward costs of
local government; contributions, gifts, or transfers to or
for use of United States

(a) Tax Exemption.--The National Park Foundation and any
income or property received or owned by it, and all
transactions relating to that income or property, shall be
exempt from all Federal, State, and local taxation.
(b) Contributions In Lieu of Taxes.--The National Park
Foundation may--
(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) Transfers Deemed To Be to or for the Use of United
States.--Contributions, gifts, and other transfers made to or
for the use of the Foundation shall be deemed to be
contributions, gifts, or transfers to or for the use of the
United States.

Sec. 101119. Liability of United States

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

Sec. 101120. Promotion of local fundraising support

(a) Program.--The National Park Foundation shall design and
implement a comprehensive program to assist and promote
philanthropic programs of support at the individual System
unit level.
(b) Implementation.--The program under subsection (a) shall
be implemented to--
(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) Program.--The program under subsection (a)--
(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) Annual Report.--The National Park Foundation shall
report the progress of the program under subsection (a) in
the annual report of the Foundation.
(e) Affiliations.--
(1) Charter or corporate bylaws.--Nothing in this section
requires--
(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) Establishment.--An affiliation with the National Park
Foundation shall be established only at the discretion of the
governing board of a nonprofit organization.
Chapter 1013--Employees
Subchapter I--General Provisions

[[Page H2180]]

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.
Subchapter I--General Provisions

Sec. 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.

Sec. 101302. Authority of Secretary to carry out certain
activities

(a) In General.--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.
(b) Transportation.--The Secretary may provide
transportation of employees located at an isolated area of
the System and to members of their families, if--
(1) the area is not adequately served by commercial
transportation; and
(2) the transportation is incidental to official
transportation services.
(c) Recreation Facilities, Equipment, and Services.--The
Secretary may provide recreation facilities, equipment, and
services for use by employees and their families located at
an isolated area of the System.
(d) Field and Special Purpose Equipment.--The Secretary may
purchase field and special purpose equipment required by
employees for the performance of assigned functions. The
purchased equipment shall be regarded and listed as System
equipment.
(e) Meals and Lodging.--The Secretary may provide meals and
lodging, as the Secretary considers appropriate, for members
of the United States Park Police and other employees of the
Service, as the Secretary may designate, serving temporarily
on extended special duty in System units. For this purpose
the Secretary may use funds appropriated for the expenses of
the Department of the Interior.

Sec. 101303. Medical attention for employees

(a) In General.--In the administration of the Service, the
Secretary may contract for medical attention and service for
employees and to make necessary payroll deductions agreed to
by the employees for that medical attention and service.
(b) Employees Located at Isolated Situations.--The
Secretary may provide, out of amounts appropriated for the
general expense of the System units, medical attention for
employees of the Service located at isolated situations,
including--
(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.

Sec. 101304. Personal equipment and property

(a) Purchase of Personal Equipment and Supplies.--The
Secretary may purchase personal equipment and supplies for
employees of the Service and make deductions for the
equipment and supplies from amounts appropriated for salary
payments or otherwise due the employees.
(b) Lost, Damaged, or Destroyed Property.--The Secretary,
in the administration of the Service, may reimburse employees
and other owners of horses, vehicles, and other equipment
lost, damaged, or destroyed while in the custody of the
employee or the Department of the Interior, under
authorization, contract, or loan, for necessary firefighting,
trail, or other official business. Reimbursement shall be
made from any available funds in the appropriation to which
the hire of the equipment would be properly chargeable.
(c) Equipment Required To Be Furnished by Field
Employees.--The Secretary may--
(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) Hire, Rental, and Purchase of Property.--The Secretary,
under regulations the Secretary may prescribe, may authorize
the hire, rental, or purchase of property from employees of
the Service whenever it would promote the public interest to
do so.

Sec. 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.
Subchapter II--Service Career Development, Training, and Management

Sec. 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.

Sec. 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.
Subchapter III--Housing Improvement

Sec. 101331. Definitions

In this subchapter:
(1) Field employee.--The term ``field employee'' means--
(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) Primary resource values.--The term ``primary resource
values'' means resources that are specifically mentioned in
the enabling legislation for that field unit or other
resource value recognized under Federal statute.
(3) Quarters.--The term ``quarters'' means quarters owned
or leased by the Federal Government.
(4) Seasonal quarters.--The term ``seasonal quarters''
means quarters typically occupied by field employees who are
hired on assignments of 6 months or less.

Sec. 101332. General authority of Secretary

(a) Rental Housing.--To enhance the ability of the
Secretary, acting through the Director, to effectively manage
System units, the Secretary may where necessary and
justified--
(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) Joint Development Authority.--The Secretary may use
authorities granted by statute in combination with one
another in the furtherance of providing where necessary and
justified affordable field employee housing.
(c) Construction Limitations on Federal Land.--The
Secretary may not utilize any land for the purposes of
providing field employee housing under this subchapter that

[[Page H2181]]

will affect a primary resource value of the area or adversely
affect the mission of the Service.
(d) Rental Rates.--To the extent practicable, the Secretary
shall establish rental rates for all quarters occupied by
field employees of the Service that are based on the
reasonable value of the quarters in accordance with
requirements applicable under section 5911 of title 5.

Sec. 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.

Sec. 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.

Sec. 101335. Housing programs

(a) Joint Public-Private Sector Housing Program.--
(1) Lease-to-build program.--Subject to the appropriation
of necessary funds in advance, the Secretary may lease--
(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) Competitive leasing.--Each lease under paragraph (1)(A)
shall be awarded through the use of publicly advertised,
competitively bid, or competitively negotiated contracting
procedures.
(3) Terms and conditions.--Each lease under paragraph
(1)(A)--
(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) Contributions by federal government.--The Secretary may
make payments, subject to appropriations, or contributions in
kind, in advance or on a continuing basis, to reduce the
costs of planning, construction, or rehabilitation of
quarters on or off Federal land under a lease under this
subsection.
(b) Rental Guarantee Program.--
(1) General authority.--Subject to the appropriation of
necessary funds in advance, the Secretary may enter into a
lease-to-build arrangement as set forth in subsection (a)
with further agreement to guarantee the occupancy of field
employee quarters constructed or rehabilitated under the
lease. A guarantee made under this paragraph shall be in
writing.
(2) Limitations on guarantees.--
(A) Specific guarantees.--The Secretary may not guarantee--
(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) Total of outstanding guarantees.--Outstanding
guarantees shall not be in excess of $3,000,000.
(3) Agreement to rent to federal government employees.--A
guarantee may be made under this subsection only if the
lessee agrees to permit the Secretary to utilize for housing
purposes any units for which the guarantee is made.
(4) Operation and maintenance.--A lease shall be void if
the lessee fails to maintain a satisfactory level of
operation and maintenance.

Sec. 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.

Sec. 101337. Leasing of seasonal employee quarters

(a) General Authority.--The Secretary may lease quarters at
or near a System unit for use as seasonal quarters for field
employees if the Secretary finds that there is a shortage of
adequate and affordable seasonal quarters at or near the
System unit and that--
(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) Rent.--The rent charged to field employees under the
lease shall be a rate based on the reasonable value of the
quarters in accordance with requirements applicable under
section 5911 of title 5.
(c) Unrecovered Costs.--The Secretary may pay the
unrecovered costs of leasing seasonal quarters under this
section from annual appropriations for the year in which the
lease is made.

Sec. 101338. General leasing provisions

(a) Exemption From Leasing Requirements.--Section 102901 of
this title and section 1302 of title 40 shall not apply to
leases issued by the Secretary under this section.
(b) Proceeds From Leases.--The proceeds from any lease
under section 101335(a)(1) of this title and any lease under
section 101337 of this title shall be retained by the Service
and deposited in the special fund established for maintenance
and operation of quarters.

Sec. 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.

Sec. 101340. Use of funds

(a) Expenditure Shall Follow Priority Listing.--Expenditure
of any funds authorized and appropriated for new
construction, repair, or rehabilitation of housing under this
chapter shall follow the housing priority listing established
by the Secretary under section 101339 of this title, in
sequential order, to the maximum extent practicable.
(b) Nonconstruction Funds in Annual Budget Submittal.--Each
fiscal year the President's proposed budget to Congress shall
include identification of nonconstruction funds to be spent
for Service housing maintenance and operations that are in
addition to rental receipts collected.
Chapter 1015--Transportation
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.
Subchapter I--Airports

Sec. 101501. Airports in or near System units

(a) Definitions.--In this section, the terms ``airport'',
``project'', ``project costs'', ``public agency'', and
``sponsor'' have the meanings given the terms in section
47102 of title 49.
(b) Acquisition, Operation, and Maintenance of Airports.--
(1) Authorization.--The Secretary may plan, acquire,
establish, construct, enlarge, improve, maintain, equip,
operate, regulate, and protect airports in the continental
United States in, or in close proximity to, System units,
when the Secretary determines that the airports are necessary
to the proper performance of the functions of the Department
of the Interior.
(2) Inclusion in national plan.--The Secretary shall not
acquire, establish, or construct an airport under this
section unless the airport is included in the national plan
of integrated airport systems formulated by the Secretary of
Transportation pursuant to section 47103 of title 49.
(3) Operation and maintenance must accord with standards
and regulations of secretary of transportation.--The
operation and maintenance of airports under this section
shall be in accordance with the standards and regulations
prescribed by the Secretary of Transportation.
(c) Authority of Secretary.--
(1) In general.--To carry out this section, the Secretary
may--
(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.

[[Page H2182]]

(2) Consent required.--This section does not authorize the
Secretary to acquire any land, or interest in or over land,
by purchase, condemnation, grant, or lease, without first
obtaining the consent of the Governor of the State, and the
consent of the chief executive official of the State
political subdivision, in which the land is located.
(d) Authorization To Sponsor Airport Projects.--To carry
out this section, the Secretary may--
(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) Jurisdiction Over Airports.--All airports under the
jurisdiction of the Secretary, unless otherwise specifically
provided by law, shall be operated as public airports,
available for public use on fair and reasonable terms and
without unjust discrimination.
Subchapter II--Roads and Trails

Sec. 101511. Authority of Secretary

(a) Roads and Trails in System Units.--The Secretary may
construct, reconstruct, and improve roads and trails,
including bridges, in System units.
(b) Approach Roads.--
(1) In general.--
(A) Designation.--When the Secretary determines it to be in
the public interest, the Secretary may designate, as System
unit approach roads, roads whose primary value is to carry
System unit travel and that lead across land at least 90
percent owned by the Federal Government and that will connect
the highways within a System unit with a convenient point on
or leading to the National Highway System.
(B) Limit on length of approach roads.--
(i) In general.--A designated approach road shall not
exceed--

(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) County limit.--Not to exceed 40 miles of any one
approach road shall be designated in any one county.
(C) Supplementary part of system unit highway system.--An
approach road designated for a System unit shall be treated
as a supplementary part of the highway system of the System
unit.
(2) Construction, reconstruction, and improvement.--
(A) In general.--The Secretary may construct, reconstruct,
and improve approach roads designated under paragraph (1)
(including bridges) and enter into agreements for the
maintenance of the approach roads by State or county
authorities or to maintain the approach roads when otherwise
necessary.
(B) Annual allocation.--Not more than $1,500,000 shall be
allocated annually for the construction, reconstruction, and
improvement of System unit approach roads.
(3) Approval of secretary of agriculture required.--When an
approach road is proposed under this section across or within
any national forest, the Secretary shall secure the approval
of the Secretary of Agriculture before construction begins.
(c) Agreement With Secretary of Transportation.--Under
agreement with the Secretary, the Secretary of Transportation
may carry out any provision of this section.

Sec. 101512. Conveyance to States of roads leading to
certain historical areas

(a) Definition.--In this section, the term ``State'' means
a State, Puerto Rico, Guam, and the Virgin Islands.
(b) Authority of Secretary.--The Secretary may, subject to
conditions as seem proper to the Secretary, convey by proper
quitclaim deed to any State, county, municipality, or agency
of a State, county, or municipality in which the road is
located, all right, title, and interest of the United States
in and to any Federal Government owned or controlled road
leading to any national cemetery, national military park,
national historical park, national battlefield park, or
national historic site administered by the Service.
(c) Notification by State, Agency, or Municipality.--Prior
to the delivery of any conveyance of a road under this
section, the State, county, or municipality to which the
conveyance is to be made shall notify the Secretary in
writing of its willingness to accept and maintain the road.
(d) Transfer of Jurisdiction.--On the execution and
delivery of the conveyance of a road under this section, any
jurisdiction previously ceded to the United States by a State
over the road is retroceded and shall vest in the State in
which the road is located.
Subchapter III--Public Transportation Programs for System Units

Sec. 101521. Transportation service and facility programs

(a) Formulation of Plans and Implementation of Projects.--
The Secretary may formulate transportation plans and
implement transportation projects where feasible pursuant to
those plans for System units.
(b) Contracts, Operations, and Acquisitions for Improvement
of Access to System Units.--
(1) Authority of secretary.--To carry out subsection (a),
the Secretary may--
(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) Specific provisions related to property acquisition.--
(A) Administration.--The acquired property shall be
administered as part of the System unit.
(B) Acquistion of land or interests in land owned by state
or political subdivision.--Any land or interests in land
owned by a State or any of its political subdivisions may be
acquired only by donation.
(C) Acquisition subject to statutory limitations.--Any land
acquisition shall be subject to any statutory limitations on
methods of acquisition and appropriations as may be
specifically applicable to the area.
(c) Establishment of Information Programs.--The Secretary
shall establish information programs to inform the public of
available System unit access opportunities and to promote the
use of transportation modes other than personal motor
vehicles for access to and travel within the System units.
(d) Undertaking Transportation Facilities and Services.--
Transportation facilities and services provided pursuant to
this subchapter may be undertaken by the Secretary directly
or by contract without regard to any requirement of Federal,
State, or local law respecting determinations of public
convenience and necessity or other similar matters. The
Secretary or contractor shall consult with the appropriate
State or local public service commission or other body having
authority to issue certificates of convenience and necessity.
A contractor shall be subject to applicable requirements of
that body unless the Secretary determines that the
requirements would not be consistent with the purposes and
provisions of this subchapter.
(e) Construction of Grant of Authority Respecting Operation
of Motor Vehicles Excepted From Statutory Coverage.--No grant
of authority in this subchapter shall be deemed to expand the
exemption of section 13506(a)(9) of title 49.

Sec. 101522. Transportation projects

(a) Assistance of Heads of Other Federal Departments and
Agencies in Formulation and Implementation.--To carry out
this subchapter, the Secretary of Transportation, the
Secretary of Housing and Urban Development, the Secretary of
Health and Human Services, the Secretary of Commerce, and the
heads of other Federal departments or agencies that the
Secretary considers necessary shall assist the Secretary in
the formulation and implementation of transportation
projects.
(b) Compilation of Statutes and Programs.--The Secretary
shall maintain a compilation of Federal statutes and programs
providing authority for the planning, funding, or operation
of transportation projects that might be utilized by the
Secretary to carry out this subchapter.

Sec. 101523. Procedures applicable to transportation plans
and projects

(a) During Formulation of Plan.--The Secretary shall,
during the formulation of any transportation plan authorized
pursuant to section 101521 of this title--
(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) Prior to Implementation of Project.--Prior to the
implementation of any project developed pursuant to the
transportation plan formulated pursuant to subsection (a),
the Secretary shall--
(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) Waiting Period.--When a report on a project is required
under subsection (b)(2), the Secretary may proceed with the
implementation of the project only after 60 days (not
counting days on which the Senate or House of Representatives
has adjourned for more than 3 consecutive days) have elapsed
following submission of the report.

Sec. 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

[[Page H2183]]

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.
Subchapter IV--Fees

Sec. 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.
Chapter 1017--Financial Agreements
Sec.
101701. Challenge cost-share agreement authority.
101702. Cooperative agreements.
101703. Cooperative management agreements.
101704. Reimbursable agreements.

Sec. 101701. Challenge cost-share agreement authority

(a) Definitions.--In this section:
(1) Challenge cost-share agreement.--The term ``challenge
cost-share agreement'' means any agreement entered into
between the Secretary and any cooperator for the purpose of
sharing costs or services in carrying out authorized
functions and responsibilities of the Secretary with respect
to any System unit or System program, any affiliated area, or
any designated national scenic trail or national historic
trail.
(2) Cooperator.--The term ``cooperator'' means any State or
local government, public or private agency, organization,
institution, corporation, individual, or other entity.
(b) Authority To Enter Into Challenge Cost-Share
Agreements.--The Secretary may negotiate and enter into
challenge cost-share agreements with cooperators.
(c) Source of Federal Share.--In carrying out challenge
cost-share agreements, the Secretary may provide the Federal
funding share from any funds available to the Service.

Sec. 101702. Cooperative agreements

(a) Transfer of Service Appropriated Funds.--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.
(b) Cooperative Research and Training Programs.--
(1) In general.--To facilitate the administration of the
System, the Secretary, under such terms and conditions as the
Secretary may consider advisable, may--
(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) Effect of subsection.--This subsection does not waive
any requirements for research projects that are subject to
Federal procurement regulations.
(c) Sale of Products and Services Produced in the Conduct
of Living Exhibits and Interpretive Demonstrations.--To
facilitate the administration of the System, the Secretary,
under such terms and conditions as the Secretary considers
advisable, may--
(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) Cooperative Agreements for System Unit Natural Resource
Protection.--
(1) In general.--The Secretary may enter into cooperative
agreements with State, local, or tribal governments, other
Federal agencies, other public entities, educational
institutions, private nonprofit organizations, or
participating private landowners for the purpose of
protecting natural resources of System units through
collaborative efforts on land inside and outside the System
units.
(2) Terms and conditions.--A cooperative agreement entered
into under paragraph (1) shall provide clear and direct
benefits to System unit natural resources and--
(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) Limitations.--The Secretary shall not use any funds
associated with an agreement entered into under paragraph (1)
for the purposes of land acquisition, regulatory activity, or
the development, maintenance, or operation of infrastructure,
except for ancillary support facilities that the Secretary
determines to be necessary for the completion of projects or
activities identified in the agreement.

Sec. 101703. Cooperative management agreements

(a) In General.--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.
(b) Provision of Goods and Services.--Under a cooperative
management agreement, the Secretary may acquire from and
provide to a State or local government agency goods and
services to be used by the Secretary and the State or local
governmental agency in the cooperative management of land.
(c) Assignment of Employee.--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.

Sec. 101704. Reimbursable agreements

(a) In General.--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--
(1) may record obligations against accounts receivable from
those governments; and
(2) shall credit amounts received from those governments to
the appropriate account.
(b) When Amounts Shall Be Credited.--Amounts shall be
credited within 90 days of the date of the original request
by the Service for payment.
Chapter 1019--Concessions and Commercial Use Authorizations
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.

[[Page H2184]]

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.
Subchapter I--Authority of Secretary

Sec. 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.
Subchapter II--Commercial Visitor Services

Sec. 101911. Definitions

In this subchapter:
(1) Advisory board.--The term ``Advisory Board'' means the
National Park Service Concessions Management Advisory Board
established under section 101919 of this title.
(2) Preferential right of renewal.--The term ``preferential
right of renewal'' means the right of a concessioner, subject
to a determination by the Secretary that the facilities or
services authorized by a prior contract continue to be
necessary and appropriate within the meaning of section
101912 of this title, to match the terms and conditions of
any competing proposal that the Secretary determines to be
the best proposal for a proposed new concession contract that
authorizes the continuation of the facilities and services
provided by the concessioner under its prior contract.

Sec. 101912. Findings and declaration of policy

(a) Findings.--In furtherance of section 100101(a),
Congress finds that the preservation and conservation of
System unit resources and values requires that public
accommodations, facilities, and services that have to be
provided within those System units should be provided only
under carefully controlled safeguards against unregulated and
indiscriminate use, so that--
(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) Declaration of Policy.--It is the policy of Congress
that the development of public accommodations, facilities,
and services in System units shall be limited to
accommodations, facilities, and services that--
(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.

Sec. 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) Competitive selection process.--Except as otherwise
provided in this section, all proposed concession contracts
shall be awarded by the Secretary to the person, corporation,
or other entity submitting the best proposal, as determined
by the Secretary through a competitive selection process. The
competitive process shall include simplified procedures for
small, individually-owned entities seeking award of a
concession contract.
(2) Solicitation of proposals.--Except as otherwise
provided in this section, prior to awarding a new concession
contract (including renewals or extensions of existing
concession contracts) the Secretary--
(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) Information to be included in prospectus.--The
prospectus shall include the following information:
(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) Consideration of proposals.--
(A) Minimum requirements.--No proposal shall be considered
that fails to meet the minimum requirements as determined by
the Secretary. The minimum requirements shall include the
following:
(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) Rejection of proposal.--The Secretary shall reject any
proposal, regardless of the franchise fee offered, if the
Secretary determines that--
(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) All proposals fail to meet mimimum requirements or are
rejected.--If all proposals submitted to the Secretary fail
to meet the minimum requirements or are rejected by the
Secretary, the Secretary shall establish new minimum contract
requirements and re-initiate the competitive selection
process pursuant to this section.
(D) Terms and conditions materially amended or not
incorporated in contract.--The Secretary may not execute a
concession contract that materially amends or does not
incorporate the proposed terms and conditions of the
concession contract as set forth in the applicable
prospectus. If proposed material amendments or changes are
considered appropriate by the Secretary, the Secretary shall
resolicit offers for the concession contract incorporating
the material amendments or changes.
(5) Selection of the best proposal.--
(A) Factors in selection.--In selecting the best proposal,
the Secretary shall consider the following principal factors:
(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) Secondary factors.--The Secretary may also consider
such secondary factors as the Secretary considers
appropriate.
(C) Development of regulations.--In developing regulations
to implement this subchapter, the Secretary shall consider
the extent to which plans for employment of Indians
(including Native Alaskans) and involvement of businesses
owned by Indians, Indian tribes, or Native Alaskans in the
operation of a concession contract should be identified as a
factor in the selection of a best proposal under this
section.
(6) Congressional notification.--
(A) In general.--The Secretary shall submit any proposed
concession contract with anticipated annual gross receipts in
excess of $5,000,000 or a duration of more than 10 years to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(B) Waiting period.--The Secretary shall not award any
proposed concession contract to which subparagraph (A)
applies until at least 60 days subsequent to the notification
of both Committees.
(7) Preferential right of renewal.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary shall not grant a concessioner a preferential
right to renew a concession contract, or any other form of
preference to a concession contract.
(B) Exception.--The Secretary shall grant a preferential
right of renewal to an existing concessioner with respect to
proposed renewals of the categories of concession contracts
described by paragraph (8), subject to the requirements of
that paragraph.

[[Page H2185]]

(C) Entitlement to award of new contract.--A concessioner
that successfully exercises a preferential right of renewal
in accordance with the requirements of this subchapter shall
be entitled to award of the proposed new concession contract
to which the preference applies.
(8) Outfitter and guide services and small contracts.--
(A) Application.--Paragraph (7) shall apply only to the
following:
(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) Outfitting and guide concessioners.--
(i) Description.--Outfitting and guide concessioners, where
otherwise qualified, include concessioners that provide
guided river running, hunting, fishing, horseback, camping,
and mountaineering experiences.
(ii) When entitled to preferential right.--An outfitting
and guide concessioner is entitled to a preferential right of
renewal under this subchapter only if--

(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) Contract with estimated gross receipts of less than
$500,000.--A concessioner that holds a concession contract
that the Secretary estimates will result in gross annual
receipts of less than $500,000 if renewed shall be entitled
to a preferential right of renewal under this subchapter if--
(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) New or additional services.--The Secretary shall not
grant a preferential right to a concessioner to provide new
or additional services in a System unit.
(10) Authority of secretary not limited.--Nothing in this
subchapter shall be construed as limiting the authority of
the Secretary to determine whether to issue a concession
contract or to establish its terms and conditions in
furtherance of the policies expressed in this subchapter.
(11) Exceptions.--Notwithstanding this section, the
Secretary may award, without public solicitation, the
following:
(A) Temporary contract.--To avoid interruption of services
to the public at a System unit, the Secretary may award a
temporary concession contract or an extension of an existing
concessions contract for a term not to exceed 3 years, except
that prior to making the award, the Secretary shall take all
reasonable and appropriate steps to consider alternatives to
avoid the interruption.
(B) Contract in extraordinary circumstances.--The Secretary
may award a concession contract in extraordinary
circumstances where compelling and equitable considerations
require the award of a concession contract to a particular
party in the public interest. Award of a concession contract
under this subparagraph shall not be made by the Secretary
until at least 30 days after--
(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.

Sec. 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.

Sec. 101915. Protection of concessioner investment

(a) Definitions.--In this section:
(1) Capital improvement.--The term ``capital improvement''
means a structure, a fixture, or nonremovable equipment
provided by a concessioner pursuant to the terms of a
concession contract and located on land of the United States
within a System unit.
(2) Consumer price index.--The term ``Consumer Price
Index'' means--
(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) Leasehold Surrender Interest in Capital Improvements.--
A concessioner that constructs a capital improvement on land
owned by the United States within a System unit pursuant to a
concession contract shall have a leasehold surrender interest
in the capital improvement subject to the following terms and
conditions:
(1) In general.--A concessioner shall have a leasehold
surrender interest in each capital improvement constructed by
a concessioner under a concession contract, consisting solely
of a right to compensation for the capital improvement to the
extent of the value of the concessioner's leasehold surrender
interest in the capital improvement.
(2) Pledge as security.--A leasehold surrender interest may
be pledged as security for financing of a capital improvement
or the acquisition of a concession contract when approved by
the Secretary pursuant to this subchapter.
(3) Transfer and relinquishment or waiver of interest.--A
leasehold surrender interest shall be transferred by the
concessioner in connection with any transfer of the
concession contract and may be relinquished or waived by the
concessioner.
(4) Limit on extinguishing or taking interest.--A leasehold
surrender interest shall not be extinguished by the
expiration or other termination of a concession contract and
may not be taken for public use except on payment of just
compensation.
(5) Value of interest.--The value of a leasehold surrender
interest in a capital improvement shall be an amount equal to
the initial value (construction cost of the capital
improvement), increased (or decreased) by the same percentage
increase (or decrease) as the percentage increase (or
decrease) in the Consumer Price Index, from the date of
making the investment in the capital improvement by the
concessioner to the date of payment of the value of the
leasehold surrender interest, less depreciation of the
capital improvement as evidenced by the condition and
prospective serviceability in comparison with a new unit of
like kind.
(6) Value of interest in certain new concession
contracts.--
(A) How value is determined.--The Secretary may provide, in
any new concession contract that the Secretary estimates will
have a leasehold surrender interest of more than $10,000,000,
that the value of any leasehold surrender interest in a
capital improvement shall be based on--
(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) When alternative formula may be used.--The Secretary
may use an alternative formula under subparagraph (A)(ii)
only if the Secretary determines, after scrutiny of the
financial and other circumstances involved in the particular
concession contract (including providing notice in the
Federal Register and opportunity for comment), that the
alternative formula is, compared to the standard method of
determining value provided for in paragraph (5), necessary to
provide a fair return to the Federal Government and to foster
competition for the new contract by providing a reasonable
opportunity to make a profit under the new contract. If no
responsive offers are received in response to a solicitation
that includes the alternative formula, the concession
opportunity shall be resolicited with the leasehold surrender
interest value as described in paragraph (5).
(7) Increase in value of interest.--Where a concessioner,
pursuant to the terms of a concession contract, makes a
capital improvement to an existing capital improvement in
which the concessioner has a leasehold surrender interest,
the cost of the additional capital improvement shall be added
to the then-current value of the concessioner's leasehold
surrender interest.
(c) Special Rule for Possessory Interest Existing Before
November 13, 1998.--
(1) In general.--A concessioner that has obtained a
possessory interest (as defined pursuant to the Act of
October 9, 1965 (known as the National Park Service
Concessions Policy Act; Public Law 89-249, 79 Stat. 969), as
in effect on November 12, 1998) under the terms of a
concession contract entered into before November 13, 1998,
shall, on the expiration or termination of the concession
contract, be entitled to receive compensation for the
possessory interest improvements in the amount and manner as
described by the concession contract. Where that possessory
interest is not described in the existing concession
contract, compensation of possessory interest shall be
determined in accordance with the laws in effect on November
12, 1998.
(2) Existing concessioner awarded a new contract.--A
concessioner awarded a new concession contract to replace an
existing concession contract after November 13, 1998,

[[Page H2186]]

instead of directly receiving the possessory interest
compensation, shall have a leasehold surrender interest in
its existing possessory interest improvements under the terms
of the new concession contract and shall carry over as the
initial value of the leasehold surrender interest (instead of
construction cost) an amount equal to the value of the
existing possessory interest as of the termination date of
the previous concession contract. In the event of a dispute
between the concessioner and the Secretary as to the value of
the possessory interest, the matter shall be resolved through
binding arbitration.
(3) New concessioner awarded a contract.--A new
concessioner awarded a concession contract and required to
pay a prior concessioner for possessory interest in prior
improvements shall have a leasehold surrender interest in the
prior improvements. The initial value in the leasehold
surrender interest (instead of construction cost) shall be an
amount equal to the value of the existing possessory interest
as of the termination date of the previous concession
contract.
(4) De novo review of value determination.--If the
Secretary, or either party to a value determination
proceeding conducted under a Service concession contract
issued before November 13, 1998, considers that the value
determination decision issued pursuant to the proceeding
misinterprets or misapplies relevant contractual requirements
or their underlying legal authority, the Secretary or either
party may seek, within 180 days after the date of the
decision, de novo review of the value determination decision
by the United States Court of Federal Claims. The Court of
Federal Claims may make an order affirming, vacating,
modifying or correcting the determination decision.
(d) Transition to Successor Concessioner.--On expiration or
termination of a concession contract entered into after
November 13, 1998, a concessioner shall be entitled under the
terms of the concession contract to receive from the United
States or a successor concessioner the value of any leasehold
surrender interest in a capital improvement as of the date of
the expiration or termination. A successor concessioner shall
have a leasehold surrender interest in the capital
improvement under the terms of a new concession contract and
the initial value of the leasehold surrender interest in the
capital improvement (instead of construction cost) shall be
the amount of money the new concessioner is required to pay
the prior concessioner for its leasehold surrender interest
under the terms of the prior concession contract.
(e) Title to Improvements.--Title to any capital
improvement constructed by a concessioner on land owned by
the United States in a System unit shall be vested in the
United States.

Sec. 101916. Reasonableness of rates and charges

(a) In General.--A concession contract shall permit the
concessioner to set reasonable and appropriate rates and
charges for facilities, goods, and services provided to the
public, subject to approval under subsection (b).
(b) Approval by Secretary Required.--
(1) Factors to consider.--A concessioner's rates and
charges to the public shall be subject to approval by the
Secretary. The approval process utilized by the Secretary
shall be as prompt and as unburdensome to the concessioner as
possible and shall rely on market forces to establish
reasonableness of rates and charges to the maximum extent
practicable. The Secretary shall approve rates and charges
that the Secretary determines to be reasonable and
appropriate. Unless otherwise provided in the concession
contract, the reasonableness and appropriateness of rates and
charges shall be determined primarily by comparison with
those rates and charges for facilities, goods, and services
of comparable character under similar conditions, with due
consideration to the following factors and other factors
deemed relevant by the Secretary:
(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) Rates and charges not to exceed market rates and
charges.--Rates and charges may not exceed the market rates
and charges for comparable facilities, goods, and services,
after taking into account the factors referred to in
paragraph (1).
(c) Implementation of Recommendations.-- Not later than 6
months after receiving recommendations from the Advisory
Board regarding concessioner rates and charges to the public,
the Secretary shall implement the recommendations or report
to Congress the reasons for not implementing the
recommendations.

Sec. 101917. Franchise fees

(a) In General.--A concession contract shall provide for
payment to the Federal Government of a franchise fee or other
monetary consideration as determined by the Secretary, on
consideration of the probable value to the concessioner of
the privileges granted by the particular contract involved.
Probable value shall be based on a reasonable opportunity for
net profit in relation to capital invested and the
obligations of the concession contract. Consideration of
revenue to the United States shall be subordinate to the
objectives of protecting and preserving System units and of
providing necessary and appropriate services for visitors at
reasonable rates.
(b) Provisions To Be Specified in Contract.--The amount of
the franchise fee or other monetary consideration paid to the
United States for the term of the concession contract shall
be specified in the concession contract and may be modified
only to reflect extraordinary unanticipated changes from the
conditions anticipated as of the effective date of the
concession contract. The Secretary shall include in
concession contracts with a term of more than 5 years a
provision that allows reconsideration of the franchise fee at
the request of the Secretary or the concessioner in the event
of extraordinary unanticipated changes. The provision shall
provide for binding arbitration in the event that the
Secretary and the concessioner are unable to agree on an
adjustment to the franchise fee in those circumstances.
(c) Special Account in Treasury.--
(1) Deposit and availability.--All franchise fees (and
other monetary consideration) paid to the United States
pursuant to concession contracts shall be deposited in a
special account established in the Treasury. Twenty percent
of the funds deposited in the special account shall be
available for expenditure by the Secretary, without further
appropriation, to support activities throughout the System
regardless of the System unit in which the funds were
collected. The funds deposited in the special account shall
remain available until expended.
(2) Subaccount for each system unit.--There shall be
established within the special account a subaccount for each
System unit. Each subaccount shall be credited with 80
percent of the franchise fees (and other monetary
consideration) collected at a single System unit under
concession contracts. The funds credited to the subaccount
for a System unit shall be available for expenditure by the
Secretary, without further appropriation, for use at the
System unit for visitor services and for purposes of funding
high-priority and urgently necessary resource management
programs and operations. The funds credited to a subaccount
shall remain available until expended.

Sec. 101918. Transfer or conveyance of concession contracts
or leasehold surrender interests

(a) Approval of Secretary.--No concession contract or
leasehold surrender interest may be transferred, assigned,
sold, or otherwise conveyed or pledged by a concessioner
without prior written notification to, and approval by, the
Secretary.
(b) Conditions.--The Secretary shall approve a transfer or
conveyance described in subsection (a) unless the Secretary
finds that--
(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) Modification or Renegotiation of Terms.--The terms and
conditions of any concession contract under this section
shall not be subject to modification or open to renegotiation
by the Secretary because of a transfer or conveyance
described in subsection (a) unless the transfer or conveyance
would have an adverse impact as described in subsection
(b)(2).

Sec. 101919. National Park Service Concessions Management
Advisory Board

(a) Establishment and Purpose.--There is a National Park
Service Concessions Management Advisory Board whose purpose
shall be to advise the Secretary and Service on matters
relating to management of concessions in the System.
(b) Duties.--
(1) Advice.--The Advisory Board shall advise on each of the
following:
(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) Recommendations.--The Advisory Board shall make
recommendations to the Secretary regarding each of the
following:
(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.

[[Page H2187]]

(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) Annual report.--The Advisory Board shall provide an
annual report on its activities to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
(c) Advisory Board Membership.--Members of the Advisory
Board shall be appointed on a staggered basis by the
Secretary for a term not to exceed 4 years and shall serve at
the pleasure of the Secretary. The Advisory Board shall be
comprised of not more than 7 individuals appointed from among
citizens of the United States not in the employment of the
Federal Government and not in the employment of or having an
interest in a Service concession. Of the 7 members of the
Advisory Board--
(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) Service on Advisory Board.--Service of an individual as
a member of the Advisory Board shall not be deemed to be
service or employment bringing the individual within the
provisions of any Federal law relating to conflicts of
interest or otherwise imposing restrictions, requirements, or
penalties in relation to the employment of individuals, the
performance of services, or the payment or receipt of
compensation in connection with claims, proceedings, or
matters involving the United States. Service as a member of
the Advisory Board shall not be deemed service in an
appointive or elective position in the Federal Government for
purposes of section 8344 of title 5 or other comparable
provisions of Federal law.
(e) Termination.--The Advisory Board shall continue to
exist until December 31, 2009. In all other respects, it
shall be subject to the Federal Advisory Committee Act (5
U.S.C. App.).

Sec. 101920. Contracting for services

(a) Contracting Authorized.--
(1) Management elements for which contract required to
maximum extent practicable.--To the maximum extent
practicable, the Secretary shall contract with private
entities to conduct or assist in elements of the management
of the Service concession program considered by the Secretary
to be suitable for non-Federal performance. Those management
elements shall include each of the following:
(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) Management elements for which contract allowed.--The
Secretary may also contract with private entities to assist
the Secretary with each of the following:
(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) Other Management Elements.--The Secretary shall
consider, taking into account the recommendations of the
Advisory Board, contracting out other elements of the
concessions management program, as appropriate.
(c) Authority of Secretary Not Diminished.--Nothing in this
section shall diminish the governmental responsibilities and
authority of the Secretary to administer concession contracts
and activities pursuant to this subchapter and section
100101(a), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of this title. The Secretary reserves the
right to make the final decision or contract approval on
contracting services dealing with the management of the
Service concessions program under this section.

Sec. 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.

Sec. 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.

Sec. 101923. Recordkeeping requirements

(a) In General.--A concessioner and any subconcessioner
shall keep such records as the Secretary may prescribe to
enable the Secretary to determine that all terms of a
concession contract have been and are being faithfully
performed. The Secretary and any authorized representative of
the Secretary shall, for the purpose of audit and
examination, have access to those records and to other
records of the concessioner or subconcessioner pertinent to
the concession contract and all terms and conditions of the
concession contract.
(b) Access to Records by Comptroller General.--The
Comptroller General and any authorized representative of the
Comptroller General shall, until the expiration of 5 calendar
years after the close of the business year of each
concessioner or subconcessioner, have access to and the right
to examine any pertinent records described in subsection (a)
of the concessioner or subconcessioner related to the
contract involved.

Sec. 101924. Promotion of sale of Indian, Alaska Native,
Native Samoan, and Native Hawaiian handicrafts

(a) In General.--Promoting the sale of authentic United
States Indian, Alaskan Native, Native Samoan, and Native
Hawaiian handicrafts relating to the cultural, historical,
and geographic characteristics of System units is encouraged,
and the Secretary shall ensure that there is a continuing
effort to enhance the handicraft trade where it exists and
establish the trade in appropriate areas where the trade does
not exist.
(b) Exemption From Franchise Fee.--In furtherance of the
purposes of subsection (a), the revenue derived from the sale
of United States Indian, Alaska Native, Native Samoan, and
Native Hawaiian handicrafts shall be exempt from any
franchise fee payments under this subchapter.

Sec. 101925. Commercial use authorizations

(a) In General.--To the extent specified in this section,
the Secretary, on request, may authorize a private person,
corporation, or other entity to provide services to visitors
to System units through a commercial use authorization. A
commercial use authorization shall not be considered to be a
concession contract under this subchapter and no other
section of this subchapter shall be applicable to a
commercial use authorization except where expressly stated.
(b) Criteria for Issuance of Commercial Use
Authorizations.--
(1) Required determinations.--The authority of this section
may be used only to authorize provision of services that the
Secretary determines--
(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) Elements of commercial use authorization.--The
Secretary shall--
(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) Limitations.--Any commercial use authorization shall be
limited to--
(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) Nonprofit Institutions.--Nonprofit institutions are not
required to obtain commercial use authorizations unless
taxable income is derived by the institution from the
authorized use.
(e) Prohibition on Construction.--A commercial use
authorization shall not provide for the construction of any
structure, fixture, or improvement on federally-owned land
within the boundaries of a System unit.
(f) Duration.--The term of any commercial use authorization
shall not exceed 2

[[Page H2188]]

years. No preferential right of renewal or similar provisions
for renewal shall be granted by the Secretary.
(g) Other Contracts.--A person, corporation, or other
entity seeking or obtaining a commercial use authorization
shall not be precluded from submitting a proposal for
concession contracts.

Sec. 101926. Regulations

(a) In General.--The Secretary shall prescribe regulations
appropriate for the implementation of this subchapter.
(b) Contents.--The regulations--
(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.
Chapter 1021--Privileges and Leases
Sec.
102101. General provisions.
102102. Authority of Secretary to enter into lease for buildings and
associated property.

Sec. 102101. General provisions

(a) Limitation.--
(1) No lease or grant of a privilege that interferes with
free access.--No natural curiosity, wonder, or object of
interest shall be leased or granted to anyone on such terms
as to interfere with free access by the public to any System
unit.
(2) Exception for grazing livestock.--The Secretary, under
such regulations and on such terms as the Secretary may
prescribe, may grant the privilege to graze livestock within
a System unit when, in the Secretary's judgment, the use is
not detrimental to the primary purpose for which the System
unit was created. This paragraph does not apply to
Yellowstone National Park.
(b) Advertising and Competitive Bids Not Required.--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.
(c) Assignment or Transfer.-- 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.

Sec. 102102. Authority of Secretary to enter into lease for
buildings and associated property

(a) In General.--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.
(b) Prohibited Activities.--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.
(c) Use.--Buildings and associated property leased under
subsection (a)--
(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) Rental Amounts.--
(1) In general.--With respect to a lease under subsection
(a)--
(A) payment of fair market value rental shall be required;
and
(B) section 1302 of title 40 shall not apply.
(2) Adjustment.--The Secretary may adjust the rental amount
as appropriate to take into account any amounts to be
expended by the lessee for preservation, maintenance,
restoration, improvement, or repair and related expenses.
(e) Special Account.--
(1) Deposits.--Rental payments under a lease under
subsection (a) shall be deposited in a special account in the
Treasury.
(2) Availability.--Amounts in the special account shall be
available until expended, without further appropriation, for
infrastructure needs at System units, including--
(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) Accountability and results.--The Secretary shall
develop procedures for the use of the special account that
ensure accountability and demonstrated results consistent
with this section and sections 100101(b), 100502, 100507,
100751(b), 100754, 100901(b) and (c), 100906(a) and (d),
101302(b)(1) and (c) to (e), 101306, 101702(b) and (c),
101901, 102701, and 102702 of this title.
(f) Regulations.--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.
Chapter 1023--Programs and Organizations
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.

Sec. 102301. Volunteers in parks program

(a) Establishment.--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. 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.
(b) Incidental Expenses.--The Secretary may provide for
incidental expenses of volunteers, such as transportation,
uniforms, lodging, and subsistence.
(c) Federal Employee Status for Volunteers.--
(1) Employment status of volunteers.--Except as otherwise
provided in this section, a volunteer shall not be deemed a
Federal employee and shall not be subject to the provisions
of law relating to Federal employment, including those
relating to hours of work, rates of compensation, leave,
unemployment compensation, and Federal employee benefits.
(2) Tort claims.--For the purpose of sections 1346(b) and
2401(b) and chapter 171 of title 28, a volunteer under this
chapter shall be deemed a Federal employee.
(3) Volunteers deemed civil employees.--For the purposes of
subchapter I of chapter 81 of title 5, volunteers under this
chapter shall be deemed civil employees of the United States
within the meaning of the term ``employee'' as defined in
section 8101 of title 5, and subchapter I of chapter 81 of
title 5 shall apply.
(4) Compensation for losses and damages.--For the purpose
of claims relating to damage to, or loss of, personal
property of a volunteer incident to volunteer service, a
volunteer under this chapter shall be deemed a Federal
employee, and section 3721 of title 31 shall apply.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section not more than
$3,500,000 for each fiscal year.

Sec. 102302. National Capital region arts and cultural
affairs

(a) Establishment.--There is under the direction of the
Service a program to support and enhance artistic and
cultural activities in the National Capital region.
(b) Grant Eligibility.--
(1) Eligible organizations.--Eligibility for grants shall
be limited to organizations--
(A) that are of demonstrated national significance; and
(B) that meet at least 2 of the criteria stated in
paragraph (2).
(2) Criteria.--The criteria referred to in paragraph (1)
are the following:
(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) Organizations not eligible.--Public or private colleges
and universities are not eligible for grants under the
program under this section.
(c) Use of Grants.--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.
(d) Responsbilities of Director.--The Director shall--
(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) Ford's Theater and Wolf Trap National Park for the
Performing Arts.--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.

Sec. 102303. National Park System Advisory Board

(a) Definition.--In this section, the term ``Board'' means
the National Park System Advisory Board established under
subsection (b).
(b) Establishment and Purpose.--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.
(c) Membership.--
(1) Appointment and term of office.--Members of the Board
shall be appointed on

[[Page H2189]]

a staggered term basis by the Secretary for a term not to
exceed 4 years and shall serve at the pleasure of the
Secretary.
(2) Composition.--The Board shall be composed of no more
than 12 persons, appointed from among citizens of the United
States having a demonstrated commitment to the mission of the
Service. Board members shall be selected to represent various
geographic regions, including each of the administrative
regions of the Service. At least 6 of the members shall have
outstanding expertise in one or more of the following fields:
history, archeology, anthropology, historical or landscape
architecture, biology, ecology, geology, marine science, or
social science. At least 4 of the members shall have
outstanding expertise and prior experience in the management
of national or State parks or protected areas, or natural or
cultural resources management. The remaining members shall
have outstanding expertise in one or more of the areas
described above or in another professional or scientific
discipline, such as financial management, recreation use
management, land use planning, or business management,
important to the mission of the Service. At least one
individual shall be a locally elected official from an area
adjacent to a park.
(3) First meeting.--The Board shall hold its 1st meeting no
later than 60 days after the date on which all members of the
Board who are to be appointed have been appointed.
(4) Vacancy.--Any vacancy in the Board shall not affect its
powers, but shall be filled in the same manner in which the
original appointment was made.
(5) Compensation.--All members of the Board shall be
reimbursed for travel and per diem in lieu of subsistence
expenses during the performance of duties of the Board while
away from home or their regular place of business, in
accordance with subchapter I of chapter 57 of title 5. With
the exception of travel and per diem, a member of the Board
who otherwise is an officer or employee of the United States
Government shall serve on the Board without additional
compensation.
(d) Duties and Powers of Board.--
(1) Adopt rules.--The Board may adopt such rules as may be
necessary to establish its procedures and to govern the
manner of its operations, organization, and personnel.
(2) Advice and recommendations.--The Board shall advise the
Secretary on matters relating to the System, to other related
areas, and to the administration of chapter 3201 of this
title, including matters submitted to it for consideration by
the Secretary, but it shall not be required to provide
recommendations as to the suitability or desirability of
surplus real and related personal property for use as a
historic monument. The Board shall also provide
recommendations on the designation of national historic
landmarks and national natural landmarks. The Board is
strongly encouraged to consult with the major scholarly and
professional organizations in the appropriate disciplines in
making the recommendations.
(3) Actions on request of director.--On request of the
Director, the Board is authorized to--
(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) Oaths or affirmations.--Any member of the Board may
administer oaths or affirmations to witnesses appearing
before the Board.
(5) Committees and subcommittees.--The Board may establish
committees or subcommittees. The subcommittees or committees
shall be chaired by a voting member of the Board.
(6) Use of mails.--The Board may use the United States
mails in the same manner and under the same conditions as
other departments and agencies in the United States.
(e) Staff.--The Secretary may hire 2 full-time staffers to
meet the needs of the Board.
(f) Federal Law Not Applicable to Service.--Service as a
member of the Board shall not be deemed service or employment
bringing the individual within the provisions of any Federal
law relating to conflicts of interest or otherwise imposing
restrictions, requirements, or penalties relating to the
employment of individuals, the performance of services, or
the payment or receipt of compensation in connection with
claims, proceedings, or matters involving the United States.
Service as a member or an employee of the Board shall not be
deemed service in an appointive or elective position in the
Federal Government for purposes of section 8344 of title 5 or
comparable provisions of Federal law.
(g) Cooperation of Federal Agencies.--
(1) Information.--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.
(2) Facilities and services.--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.
(h) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.), with the exception of section
14(b), applies to the Board.
(i) Termination.--The Board continues to exist until
January 1, 2010.

Sec. 102304. National Park Service Advisory Council

(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the National Park
System Advisory Board established under section 102303 of
this title.
(2) Council.--The term ``Council'' means the National Park
Service Advisory Council established under subsection (b).
(b) Establishment and Purpose.--There is established a
National Park Service Advisory Council that shall provide
advice and counsel to the Board.
(c) Membership.--
(1) Eligibility.--Membership on the Council shall be
limited to individuals whose term on the Board has expired.
Those individuals may serve as long as they remain active
except that not more than 12 members may serve on the Council
at any one time.
(2) Compensation.--Members of the Council shall receive no
salary but may be paid expenses incidental to travel when
engaged in discharging their duties as members.
(d) Voting Restriction.--Members of the Council shall not
have a vote on the Board.
Chapter 1025--Museums
Sec.
102501. Purpose.
102502. Definition of museum object.
102503. Authority of Secretary.
102504. Review and approval.

Sec. 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.

Sec. 102502. Definition of museum object

In this chapter:
(1) In general.--The term ``museum object'' means an object
that--
(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) Inclusions.--The term ``museum object'' includes a
prehistoric or historic artifact, work of art, book,
document, photograph, or natural history specimen.

Sec. 102503. Authority of Secretary

(a) In General.--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.
(b) Donations and Bequests.--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.
(c) Purchases.--The Secretary may purchase museum objects
and other personal property at prices that the Secretary
considers to be reasonable.
(d) Exchanges.--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.
(e) Acceptance of Loans of Property.--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.
(f) Loans of Property.--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.
(g) Transfer of Museum Objects.--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.
(h) Conveyance of Museum Objects.--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

[[Page H2190]]

Federal taxation under section 501(c)(3) of the Internal
Revenue Code of 1986 (26 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).
(i) Destruction of Museum Objects.--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.

Sec. 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.
Chapter 1027--Law Enforcement and Emergency Assistance
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.
Subchapter I--Law Enforcement

Sec. 102701. Law enforcement personnel within System

(a) Officers and Employees of the Department of the
Interior.--
(1) Designation authority of secretary.--The Secretary,
pursuant to standards prescribed in regulations by the
Secretary, may designate certain officers or employees of the
Department of the Interior who shall maintain law and order
and protect individuals and property within System units.
(2) Powers and duties of designees.--In the performance of
the duties described in paragraph (1), the designated
officers or employees may--
(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) Special Police Officers.--
(1) In general.--The Secretary may designate officers and
employees of any other Federal agency, or law enforcement
personnel of a State or political subdivision of a State,
when determined to be economical and in the public interest
and with the concurrence of that agency, State, or
subdivision, to--
(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) Cooperation with states and political subdivisions.--
The Secretary may--
(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) Supplemental authority; delegation of service law
enforcement responsibilities not authorized.--Paragraphs (1)
and (2) supplement the law enforcement responsibilities of
the Service and do not authorize the delegation of law
enforcement responsibilities of the Service to State or local
governments.
(4) Special police officers not deemed federal employees.--
(A) In general.--Except as otherwise provided in this
subsection, a law enforcement officer of a State or political
subdivision of a State designated to act as a special police
officer under paragraph (1) shall not be deemed a Federal
employee and shall not be subject to the provisions of law
relating to Federal employment, including those relating to
hours of work, rates of compensation, leave, unemployment
compensation, and Federal benefits.
(B) Exceptions.--A law enforcement officer of a State or
political subdivision of a State, when acting as a special
police officer under paragraph (1), is deemed to be--
(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) Federal Investigative Jurisdiction and State Civil and
Criminal Jurisdiction Not Preempted.--This section and
sections 100101(b), 100502, 100507, 100751(b), 100754,
100901(b) and (c), 100906(a) and (d), 101302(b)(1) and (c) to
(e), 101306, 101702(b) and (c), 101901, 102102, and 102702 of
this title shall not be construed or applied to limit or
restrict the investigative jurisdiction of any Federal law
enforcement agency other than the Service, and nothing shall
be construed or applied to affect any right of a State or
political subdivision of a State to exercise civil and
criminal jurisdiction within the System.

Sec. 102702. Crime prevention assistance

(a) Recommendations for Improvement.--The Secretary shall
direct the chief official responsible for law enforcement
within the Service to--
(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) Distribution of Funds.--Based on the recommendations
and list issued pursuant to subsection (a), the Secretary
shall distribute the funds authorized by subsection (d)
throughout the System. Priority shall be given to areas with
the highest rates of sexual assault.
(c) Use of Funds.--Funds provided under this section may be
used--
(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) Authorization of Appropriations.--There is authorized
to be appropriated out of the Violent Crime Reduction Trust
Fund not more than $10,000,000 for the Secretary to take all
necessary actions to seek to reduce the incidence of violent
crime in the System.
Subchapter II--Emergency Assistance

Sec. 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.

Sec. 102712. Aid to visitors, grantees, permittees, or
licensees in emergencies

(a) Visitors.--The Secretary may aid visitors within a
System unit in an emergency, when no other source is
available for the procurement of food or supplies, by the
sale, at cost, of food or supplies in quantities sufficient
to enable the visitors to reach safely a point where food or
supplies can be purchased. Receipts from the sales shall be
deposited as a refund to the appropriation current at the
date of the deposit and shall be available for the purchase
of similar food or supplies.
(b) Grantees, Permittees, and Licensees.--The Secretary may
in an emergency, when no other source is available for the
immediate procurement of supplies, materials, or special
services, aid grantees, permittees, or licensees conducting
operations for the benefit of the public in a System unit by
the sale, at cost, including transportation and

[[Page H2191]]

handling, of supplies, materials, or special services as may
be necessary to relieve the emergency and ensure
uninterrupted service to the public. Receipts from the sales
shall be deposited as a refund to the appropriation current
at the date of the deposit and shall be available for
expenditure for System unit purposes.
Chapter 1029--Land Transfers
Sec.
102901. Conveyance of property and interests in property in System
units or related areas.

Sec. 102901. Conveyance of property and interests in property
in System units or related areas

(a) Freehold and Leasehold Interests.--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 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.
(b) Exchange of Land.--
(1) In general.--The Secretary may accept title to any non-
Federal property or interest in property within a System unit
or related area under the Secretary's administration in
exchange for any Federally-owned property or interest under
the Secretary's jurisdiction that the Secretary determines is
suitable for exchange or other disposal and that is located
in the same State as the non-Federal property to be acquired.
(2) Exception.--Timberland subject to harvest under a
sustained yield program shall not be exchanged under
paragraph (1).
(3) Public hearing.--On request of a State or a political
subdivision thereof, or of a party in interest, prior to an
exchange under this subsection the Secretary shall hold a
public hearing in the area where the properties to be
exchanged are located.
(4) Values of properties exchanged.--The values of the
properties exchanged--
(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) Proceeds Credited to Land and Water Conservation
Fund.--The proceeds received from any conveyance under this
section shall be credited to the Land and Water Conservation
Fund.
Chapter 1031--Appropriations and Accounting
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.

Sec. 103101. Availability and use of appropriations

(a) Credits of Receipts for Meals and Quarters Furnished
Federal Government Employees in the Field.--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.
(b) Availability for Expense of Recording Donated Land.--
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.
(c) Use of Funds for Law Enforcement and Emergencies.--
(1) In general.--Funds, not to exceed $250,000 per
incident, available to the Service may be used, with the
approval of the Secretary, to--
(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) Replenishment of funds.--If the Secretary expends funds
under paragraph (1), the funds shall be replenished by a
supplemental appropriation for which the Secretary shall make
a request as promptly as possible.
(d) Contribution for Annuity Benefits.--
(1) In general.--Necessary amounts are appropriated for
reimbursement, pursuant to the Policemen and Firemen's
Retirement and Disability Act amendments of 1957 (Public Law
85-157, 71 Stat. 391), to the District of Columbia on a
monthly basis for benefit payments by the District of
Columbia to United States Park Police annuitants under
section 12 of the Policemen and Firemen's Retirement and
Disability Act (ch. 433, 39 Stat. 718), to the extent that
those payments exceed contributions made by active Park
Police members covered under the Policemen and Firemen's
Retirement and Disability Act.
(2) Nonavailability of appropriations to the service.--
Appropriations made to the Service are not available for the
purpose of making reimbursements under paragraph (1).
(e) Waterproof Footwear.--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.

Sec. 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.

Sec. 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.

Sec. 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.
Chapter 1033--National Military Parks
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.

Sec. 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.

Sec. 103302. Camps for military instruction

(a) Assembling of Forces and Detailing of Instructors.--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 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.

[[Page H2192]]

(b) Regulations.--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.

Sec. 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.

Sec. 103304. Recovery of land withheld

(a) Civil Action.--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.
(b) Trespass.--A person described in subsection (a) shall
be guilty of trespass.

Sec. 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.

Sec. 103306. Studies

(a) Study of Battlefields for Commemorative Purposes.--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.
(b) Inclusion of Estimate of Cost of Projected Surveys in
Appropriation Estimates.--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.
(c) Purchase of Real Estate for National Military Park
Purposes.--No real estate shall be purchased for national
military 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).
(d) Report to Congress.--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.
Chapters 1035 through 1047--Reserved
Chapter 1049--Miscellaneous
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.

Sec. 104901. Central warehouses at System units

(a) Authority of Secretary.--The Secretary, in the
administration of the System, may maintain central warehouses
at System units.
(b) Appropriations.--
(1) Availability.--Appropriations made for the
administration, protection, maintenance, and improvement of
System units shall be available for the purchase of supplies
and materials to be kept in central warehouses for
distribution at cost, including transportation and handling,
to projects under specific appropriations.
(2) Transfers between appropriations.--
(A) Authorization.--Transfers between the various
appropriations made for System units are authorized for the
purpose of charging the cost of supplies and materials,
including transportation and handling, drawn from central
warehouses maintained under this authority to the particular
appropriation benefited.
(B) Availability of supplies and materials and transfers in
subsequent years.--Supplies and materials that remain at the
end of any fiscal year shall be continuously available for
issuance during subsequent fiscal years and shall be charged
for by transfers of funds between appropriations made for the
administration, protection, maintenance, and improvement of
System units for the fiscal year then current without
decreasing the appropriations made for that fiscal year.
(c) Limitation on Purchase of Supplies and Materials.--
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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 104906. Protection of right of individuals to bear arms

(a) Findings.--Congress finds the following:
(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) Protection of Right of Individuals To Bear Arms in
System Units.--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--
(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.

Sec. 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.
Division B--System Units and Related Areas--Reserved
Subtitle II--Outdoor Recreation Programs
Chapter 2001--Coordination of Programs
Sec.
200101. Findings and declaration of policy.
200102. Definitions.
200103. Authority of Secretary to carry out certain functions and
activities.
200104. Consultations of Secretary with administrative officers;
execution of administrative responsibilities in
conformity with nationwide plan.

[[Page H2193]]

Sec. 200101. Findings and declaration of policy

Congress finds and declares it is desirable--
(1) that all American people of present and future
generations be assured adequate outdoor recreation resources;
and
(2) for all levels of government and private interests to
take prompt and coordinated action to the extent practicable
without diminishing or affecting their respective powers and
functions to conserve, develop, and utilize those resources
for the benefit and enjoyment of the American people.

Sec. 200102. Definitions

As used in this chapter:
(1) State.--The term ``State'', to the extent practicable,
as determined by the Secretary, includes Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the Northern Mariana
Islands.
(2) United States.--The term ``United States''--
(A) includes the District of Columbia; and
(B) to the extent practicable, as determined by the
Secretary, includes Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands.

Sec. 200103. Authority of Secretary to carry out certain
functions and activities

(a) In General.--To carry out this chapter, the Secretary
may perform the functions and activities described in this
section.
(b) Inventory and Evaluation.--The Secretary may prepare
and maintain a continuing inventory and evaluation of outdoor
recreation needs and resources of the United States.
(c) Classification System.--The Secretary may prepare a
system for classification of outdoor recreation resources to
assist in the effective and beneficial use and management of
such resources.
(d) Recreation Plan.--The Secretary may formulate and
maintain a comprehensive nationwide outdoor recreation plan,
taking into consideration the plans of the various Federal
agencies, States, and their political subdivisions. The plan
shall set forth the needs and demands of the public for
outdoor recreation and the current and foreseeable
availability in the future of outdoor recreation resources to
meet those needs. The plan shall identify critical outdoor
recreation problems, recommend solutions, and recommend
desirable actions to be taken at each level of government and
by private interests. The Secretary shall submit the plan to
the President for transmittal to Congress. Revisions of the
plan shall be similarly transmitted at succeeding 5-year
intervals. When a plan or revision is transmitted to the
Congress, the Secretary shall transmit copies to the chief
executive officials of the States.
(e) Technical Assistance and Advice.--The Secretary may
provide technical assistance and advice to and cooperate with
States, political subdivisions, and private interests,
including nonprofit organizations, with respect to outdoor
recreation.
(f) Interstate and Regional Cooperation.--The Secretary may
encourage interstate and regional cooperation in the
planning, acquisition, and development of outdoor recreation
resources.
(g) Research, Information, and Education Programs and
Activities.--The Secretary may--
(1) 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;
(2) 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
(3) cooperate with educational institutions and others to
assist in establishing education programs and activities and
to encourage public use and benefits from outdoor recreation.
(h) Cooperation and Coordination with Federal Agencies.--
(1) In general.--The Secretary may--
(A) cooperate with and provide technical assistance to
Federal agencies and obtain from them information, data,
reports, advice, and assistance that are needed and can
reasonably be furnished in carrying out the purposes of this
chapter; and
(B) promote coordination of Federal plans and activities
generally relating to outdoor recreation.
(2) Funding.--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.
(i) Donations.--The Secretary may accept and use donations
of money, property, personal services, or facilities for the
purposes of this chapter.

Sec. 200104. Consultations of Secretary with administrative
officers; execution of administrative responsibilities in
conformity with nationwide plan

To carry out the policy declared in section 200101 of this
title, the heads of Federal agencies having administrative
responsibility over activities or resources the conduct or
use of which is pertinent to fulfillment of that policy
shall, individually or as a group--
(1) consult with and be consulted by the Secretary from
time to time both with respect to their conduct of those
activities and their use of those resources and with respect
to the activities that the Secretary carries on under
authority of this chapter that are pertinent to their work;
and
(2) carry out that responsibility in general conformance
with the nationwide plan authorized under section 200103(d)
of this title.
Chapter 2003--Land and Water Conservation Fund
Sec.
200301. Definitions.
200302. Establishment of Land and Water Conservation Fund.
200303. Appropriations for expenditure of Fund amounts.
200304. Statement of estimated requirements.
200305. Financial assistance to States.
200306. Allocation of Fund amounts for Federal purposes.
200307. Availability of Fund amounts for publicity purposes.
200308. Contracts for acquisition of land and water.
200309. Contracts for options to acquire land and water in System.
200310. Transfers to and from Fund.

Sec. 200301. Definitions

In this chapter:
(1) Fund.--The term ``Fund'' means the Land and Water
Conservation Fund established under section 200302 of this
title.
(2) State.--The term ``State'' means a State, the District
of Columbia, Puerto Rico, Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands.

Sec. 200302. Establishment of Land and Water Conservation
Fund

(a) Establishment.--There is established in the Treasury
the Land and Water Conservation Fund.
(b) Deposits.--During the period ending September 30, 2015,
there shall be deposited in the Fund the following revenues
and collections:
(1) 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.
(2) The amounts provided for in section 200310 of this
title.
(c) Authorization of Appropriations.--
(1) In general.--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.
(2) Receipts under outer continental shelf lands act.--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.).
(3) Availability of deposits.--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.

Sec. 200303. Appropriations for expenditure of Fund amounts

Amounts deposited in the Fund shall be available for
expenditure for the purposes of this chapter only when
appropriated for those purposes. The appropriations may be
made without fiscal-year limitation. Amounts made available
for obligation or expenditure from the Fund may be obligated
or expended only as provided in this chapter.

Sec. 200304. Statement of estimated requirements

There shall be submitted with the annual budget of the
United States a comprehensive statement of estimated
requirements during the ensuing fiscal year for
appropriations from the Fund. Not less than 40 percent of
such appropriations shall be available for Federal purposes.

Sec. 200305. Financial assistance to States

(a) Authority of Secretary To Make Payments.--The Secretary
may provide financial assistance to the States from amounts
available for State purposes. Payments may be made to the
States by the Secretary as provided in this section, subject
to such terms and conditions as the Secretary considers
appropriate and in the public interest to carry out the
purposes of this chapter, for outdoor recreation:
(1) Planning.
(2) Acquisition of land, water, or interests in land or
water.

[[Page H2194]]

(3) Development.
(b) Apportionment Among States.--Amounts appropriated and
available for State purposes for each fiscal year shall be
apportioned among the States by the Secretary, whose
determination shall be final, in accordance with the
following formula:
(1) 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.
(2) 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---
(A) the proportion that the population of each State bears
to the total population of the United States;
(B) the use of outdoor recreation resources of each State
by persons from outside the State; and
(C) the Federal resources and programs in each State.
(3) 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.
(4) 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.
(5) 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.
(c) Matching Requirements.--Payments to any State shall
cover not more than 50 percent of the cost of planning,
acquisition, or development projects that are undertaken by
the State. The remaining share of the cost shall be borne by
the State in a manner and with funds or services as shall be
satisfactory to the Secretary.
(d) Comprehensive State Plan.--
(1) Required for consideration of financial assistance.--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 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--
(A) the name of the State agency that will have authority
to represent and act for the State in dealing with the
Secretary for purposes of this chapter;
(B) an evaluation of the demand for and supply of outdoor
recreation resources and facilities in the State;
(C) a program for the implementation of the plan; and
(D) other necessary information, as determined by the
Secretary.
(2) Factors to be considered.--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.
(3) Provision of assistance when plan not otherwise
available or to maintain plan.--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.
(4) Wetlands.--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.
(e) Projects for Land and Water Acquisition and Development
of Basic Outdoor Recreation Facilities.--
(1) In general.--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.
(2) Acquisition of land or water.--
(A) In general.--Under paragraph (1), the Secretary may
provide financial assistance for a project for the
acquisition of land, water, or an interest in land or water,
or a wetland area or an interest in a wetland area, as
identified in the wetlands provisions of the comprehensive
plan (other than land, water, or an interest in land or water
acquired from the United States for less than fair market
value), but not including incidental costs relating to
acquisition.
(B) Retention of right of use and occupancy.--When a State
provides that the owner of a single-family residence may, at
the owner's option, elect to retain a right of use and
occupancy for not less than 6 months after the date of
acquisition of the residence and the owner elects to retain
such a right--
(i) the owner shall be deemed to have waived any benefits
under sections 203 to 206 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4623 to 4626); and
(ii) for the purposes of those sections the owner shall not
be deemed to be a displaced person as defined in section 101
of that Act (42 U.S.C. 4601).
(3) Development of basic outdoor recreation facilities.--
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.
(f) Payments.--
(1) Criteria for making payments.--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.
(2) Payment recipients.--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
approved project, funds may be transferred by the State to a
political subdivision or other appropriate public agency.
(3) Conversion to other than public outdoor recreation
use.--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.
(4) Reports and accounting procedures.--No payment shall be
made to any State until the State has agreed to--
(A) provide such reports to the Secretary in such form and
containing such information as may be reasonably necessary to
enable the Secretary to perform the Secretary's duties under
this chapter; and
(B) provide such fiscal control and fund accounting
procedures as may be necessary to ensure proper disbursement
and accounting for Federal funds paid to the State under this
chapter.

[[Page H2195]]

(g) Records.--A recipient of assistance under this chapter
shall keep such records as the Secretary shall prescribe,
including records that fully disclose--
(1) the amount and the disposition by the recipient of the
proceeds of the assistance;
(2) the total cost of the project or undertaking in
connection with which the assistance is given or used; and
(3) 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.
(h) Access to Records.--The Secretary, and the Comptroller
General, or any of their duly authorized representatives,
shall have access for the purpose of audit and examination to
any records of the recipient that are pertinent to assistance
received under this chapter.
(i) Prohibition of Discrimination.--With respect to
property acquired or developed with assistance from the Fund,
discrimination on the basis of residence, including
preferential reservation or membership systems, is prohibited
except to the extent that reasonable differences in admission
and other fees may be maintained on the basis of residence.
(j) Coordination With Federal Agencies.--To ensure
consistency in policies and actions under this chapter with
other related Federal programs and activities and to ensure
coordination of the planning, acquisition, and development
assistance to States under this section with other related
Federal programs and activities--
(1) the President may issue such regulations with respect
thereto as the President considers desirable; and
(2) the assistance may be provided only in accordance with
the regulations.
(k) Capital Improvement and Other Projects To Reduce
Crime.--
(1) Availability and purpose of funds.--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--
(A) increase lighting within or adjacent to public parks
and recreation areas;
(B) provide emergency telephone lines to contact law
enforcement or security personnel in areas within or adjacent
to public parks and recreation areas;
(C) increase security personnel within or adjacent to
public parks and recreation areas; and
(D) fund any other project intended to increase the
security and safety of public parks and recreation areas.
(2) Eligibility.--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.
(3) Federal share.--Notwithstanding subsection (c), the
Secretary may provide 70 percent improvement grants for
projects undertaken by a State for the purposes described in
this subsection.

Sec. 200306. Allocation of Fund amounts for Federal purposes

(a) Allowable Purposes and Subpurposes.--
(1) In general.--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.
(2) Acquisition of land, water, or an interest in land or
water.--
(A) System units and recreation areas administered for
recreation purposes.--Amounts shall be allotted for the
acquisition of land, water, or an interest in land or water
within the exterior boundary of--
(i) a System unit authorized or established; and
(ii) an area authorized to be administered by the Secretary
for outdoor recreation purposes.
(B) National forest system.--
(i) In general.--Amounts shall be allotted for the
acquisition of land, water, or an interest in land or water
within inholdings within--

(I) wilderness areas of the National Forest System; and
(II) other areas of national forests as the boundaries of
those forests existed on January 1, 1965, or purchase units
approved by the National Forest Reservation Commission
subsequent to January 1, 1965, all of which other areas are
primarily of value for outdoor recreation purposes.

(ii) Adjacent land.--Land outside but adjacent to an
existing national forest boundary, not to exceed 3,000 acres
in the case of any one forest, that would comprise an
integral part of a forest recreational management area may
also be acquired with amounts appropriated from the Fund.
(iii) Limitation.--Except for areas specifically authorized
by Act of Congress, not more than 15 percent of the acreage
added to the National Forest System pursuant to this section
shall be west of the 100th meridian.
(C) Endangered species and threatened species; fish and
wildlife refuge areas; national wildlife refuge system.--
Amounts shall be allotted for the acquisition of land, water,
or an interest in land or water for--
(i) endangered species and threatened species authorized
under section 5(a) of the Endangered Species Act of 1973 (16
U.S.C. 1534(a));
(ii) areas authorized by section 2 of the Refuge Recreation
Act (16 U.S.C. 460k-1);
(iii) national wildlife refuge areas under section 7(a)(4)
of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4))
and wetlands acquired under section 304 of the Emergency
Wetlands Resources Act of 1986 (16 U.S.C. 3922); and
(iv) any area authorized for the National Wildlife Refuge
System by specific Acts.
(3) Payment as offset of capital costs.--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.
(4) Availability of appropriations.--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.
(b) Acquisition Restrictions.--Appropriations from the Fund
pursuant to this section shall not be used for acquisition
unless the acquisition is otherwise authorized by law.
Appropriations from the Fund may be used for preacquisition
work where authorization is imminent and where substantial
monetary savings could be realized.

Sec. 200307. Availability of Fund amounts for publicity
purposes

(a) In General.--Amounts derived from the sources listed in
section 200302 of this title shall not be available for
publicity purposes.
(b) Exception for Temporary Signing.--In a case where
significant acquisition or development is initiated,
appropriate standardized temporary signing shall be located
on or near the affected site, to the extent feasible, so as
to indicate the action taken is a product of funding made
available through the Fund. The signing may indicate the
percentage amounts and dollar amounts financed by Federal and
non-Federal funds, and that the source of the funding
includes amounts derived from Outer Continental Shelf
receipts. The Secretary shall prescribe standards and
guidelines for the usage of the signing to ensure consistency
of design and application.

Sec. 200308. Contracts for acquisition of land and water

Not more than $30,000,000 of the amount authorized to be
appropriated from the Fund by section 200303 of this title
may be obligated by contract during each fiscal year for the
acquisition of land, water, or interest in land or water
within areas specified in section 200306(a)(2) of this title.
The contract may be executed by the head of the department
concerned, within limitations prescribed by the Secretary.
The contract shall be a contractual obligation of the United
States and shall be liquidated with money appropriated from
the Fund specifically for liquidation of that contract
obligation. No contract may be entered into for the
acquisition of property pursuant to this section unless the
acquisition is otherwise authorized by Federal law.

Sec. 200309. Contracts for options to acquire land and water
in System

The Secretary may enter into contracts for options to
acquire land, water, or interests in land or water within the
exterior boundaries of any area the acquisition of which is
authorized by law for inclusion in the System. The minimum
period of any such option shall be 2 years, and any sums
expended for the purchase of an option shall be credited to
the purchase price of the area. Not more than $500,000 of the
sum authorized to be appropriated from the Fund by section
200303 of this title may be expended by the Secretary in any
one fiscal year for the options.

Sec. 200310. Transfers to and from Fund

(a) Motorboat Fuel Taxes.--There shall be set aside in the
Fund the amounts specified in section 9503(c)(3)(B) of the
Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(B)).
(b) Refunds of Taxes.--There shall be paid from time to
time from the Fund into the general fund of the Treasury
amounts estimated by the Secretary of the Treasury as
equivalent to--
(1) 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
(2) 80 percent of the floor stocks refunds made before
October 1, 2017, under section 6412(a)(1) of the Internal
Revenue Code of 1986 (26 U.S.C. 6412(a)(1)) with respect to
gasoline to be used in motorboats.

[[Page H2196]]

Chapter 2005--Urban Park and Recreation Recovery Program
Sec.
200501. Definitions.
200502. Federal assistance.
200503. Rehabilitation grants and innovation grants.
200504. Recovery action programs.
200505. State action.
200506. Non-Federal share of project costs.
200507. Conversion of recreation property.
200508. Coordination of program.
200509. Recordkeeping.
200510. Inapplicability of matching provisions.
200511. Funding limitations.

Sec. 200501. Definitions

In this chapter:
(1) At-risk youth recreation grant.--
(A) In general.--The term ``at-risk youth recreation
grant'' means a grant in a neighborhood or community with a
high prevalence of crime, particularly violent crime or crime
committed by youthful offenders.
(B) Inclusions.--The term ``at-risk youth recreation
grant'' includes--
(i) a rehabilitation grant;
(ii) an innovation grant; and
(iii) a matching grant for continuing program support for a
program of demonstrated value or success in providing
constructive alternatives to youth at risk for engaging in
criminal behavior, including a grant for operating, or
coordinating, a recreation program or service.
(C) Additional uses of rehabilitation grant.--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.
(2) General purpose local government.--The term ``general
purpose local government'' means--
(A) a city, county, town, township, village, or other
general purpose political subdivision of a State; and
(B) the District of Columbia.
(3) Innovation grant.--The term ``innovation grant'' means
a matching grant to a local government to cover costs of
personnel, facilities, equipment, supplies, or services
designed to demonstrate innovative and cost-effective ways to
augment park and recreation opportunities at the neighborhood
level and to address common problems related to facility
operations and improved delivery of recreation service, not
including routine operation and maintenance activities.
(4) Maintenance.--The term ``maintenance'' means all
commonly accepted practices necessary to keep recreation
areas and facilities operating in a state of good repair and
to protect them from deterioration resulting from normal wear
and tear.
(5) Private, nonprofit agency.--The term ``private,
nonprofit agency'' means a community-based, nonprofit
organization, corporation, or association organized for
purposes of providing recreational, conservation, and
educational services directly to urban residents on a
neighborhood or communitywide basis through voluntary
donations, voluntary labor, or public or private grants.
(6) Recovery action program grant.--
(A) In general.--The term ``recovery action program grant''
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.
(B) Use.--A recovery action program grant shall be used for
resource and needs assessment, coordination, citizen
involvement and planning, and program development activities
to--
(i) encourage public definition of goals; and
(ii) develop priorities and strategies for overall
recreation system recovery.
(7) Recreation area or facility.--The term ``recreation
area or facility'' means an indoor or outdoor park, building,
site, or other facility that is dedicated to recreation
purposes and administered by a public or private nonprofit
agency to serve the recreation needs of community residents.
Emphasis shall be on public facilities readily accessible to
residential neighborhoods, including multiple-use community
centers that have recreation as one of their primary
purposes, but excluding major sports arenas, exhibition
areas, and conference halls used primarily for commercial
sports, spectator, or display activities.
(8) Rehabilitation grant.--The term ``rehabilitation
grant'' means a matching capital grant to a local government
for rebuilding, remodeling, expanding, or developing an
existing outdoor or indoor recreation area or facility,
including improvements in park landscapes, buildings, and
support facilities, but excluding routine maintenance and
upkeep activities.
(9) Special purpose local government.--
(A) In general.--The term ``special purpose local
government'' means a local or regional special district,
public-purpose corporation, or other limited political
subdivision of a State.
(B) Inclusions.--The term ``special purpose local
government'' includes--
(i) a park authority;
(ii) a park, conservation, water, or sanitary district; and
(iii) a school district.
(10) State.--The term ``State'' means a State, an
instrumentality of a State approved by the Governor of the
State, Puerto Rico, Guam, American Samoa, the Virgin Islands,
and the Northern Mariana Islands.

Sec. 200502. Federal assistance

(a) Eligibility Determined by Secretary.--Eligibility of
general purpose local governments for assistance under this
chapter shall be based on need as determined by the
Secretary. The Secretary shall publish in the Federal
Register a list of local governments eligible to participate
in this program, to be accompanied by a discussion of
criteria used in determining eligibility. Criteria shall be
based on factors that the Secretary determines are related to
deteriorated recreational facilities or systems and physical
and economic distress.
(b) Additional Eligible General Purpose Local
Governments.--In addition to eligible local governments
established in accordance with subsection (a), the Secretary
may establish eligibility, in accord with the findings and
purpose of the Urban Park and Recreation Recovery Act of 1978
(Public Law 95-625, 92 Stat. 3538), of other general purpose
local governments in metropolitan statistical areas as
defined by the Director of the Office of Management and
Budget.
(c) Priority Criteria for Project Selection and Approval.--
(1) In general.--The Secretary shall establish priority
criteria for project selection and approval that consider
such factors as--
(A) population;
(B) condition of existing recreation areas and facilities;
(C) demonstrated deficiencies in access to neighborhood
recreation opportunities, particularly for minority and low-
and moderate-income residents;
(D) public participation in determining rehabilitation or
development needs;
(E) the extent to which a project supports or complements
target activities undertaken as part of a local government's
overall community development and urban revitalization
program;
(F) the extent to which a proposed project would provide--
(i) employment opportunities for minorities, youth, and
low- and moderate-income residents in the project
neighborhood;
(ii) for participation of neighborhood, nonprofit, or
tenant organizations in the proposed rehabilitation activity
or in subsequent maintenance, staffing, or supervision of
recreation areas and facilities; or
(iii) both; and
(G) the amount of State and private support for a project
as evidenced by commitments of non-Federal resources to
project construction or operation.
(2) At-risk youth recreation grants.--For at-risk youth
recreation grants, the Secretary shall give a priority to
each of the following criteria:
(A) Programs that are targeted to youth who are at the
greatest risk of becoming involved in violence and crime.
(B) Programs that teach important values and life skills,
including teamwork, respect, leadership, and self-esteem.
(C) Programs that offer tutoring, remedial education,
mentoring, and counseling in addition to recreation
opportunities.
(D) Programs that offer services during late night or other
nonschool hours.
(E) Programs that demonstrate collaboration between local
park and recreation, juvenile justice, law enforcement, and
youth social service agencies and nongovernmental entities,
including the private sector and community and nonprofit
organizations.
(F) Programs that leverage public or private recreation
investments in the form of services, materials, or cash.
(G) Programs that show the greatest potential of being
continued with non-Federal funds or that can serve as models
for other communities.
(d) Limitation of Funds.--Grants to discretionary
applicants under subsection (b) may not be more than 15
percent of the total amount of funds appropriated under this
chapter for rehabilitation grants, innovation grants, and
recovery action program grants.

Sec. 200503. Rehabilitation grants and innovation grants

(a) Matching Grants.--The Secretary may provide 70 percent
matching rehabilitation grants and innovation grants directly
to eligible general purpose local governments on the
Secretary's approval of applications for the grants by the
chief executive officials of those governments.
(b) Special Considerations.--An innovation grant should be
closely tied to goals, priorities, and implementation
strategies expressed in local park and recreation recovery
action programs, with particular regard to the special
considerations listed in section 200504(c)(2) of this title.
(c) Transfer.--If consistent with an approved application,
a grant recipient may transfer a rehabilitation grant or
innovation grant in whole or in part to an independent
special purpose local government, private nonprofit agency,
or county or regional park authority if the assisted
recreation area or facility owned or managed by the
transferree offers recreation opportunities to the general
population within the jurisdictional boundaries of the grant
recipient.
(d) Payments.--Payments may be made only for a
rehabilitation project or innovation project that has been
approved by the Secretary. Payments may be made from time to
time in keeping with the rate of progress toward the
satisfactory completion of the project, except that the
Secretary, when appropriate, may make advance payments on an
approved rehabilitation project

[[Page H2197]]

or innovation project in an amount not to exceed 20 percent
of the total project cost.
(e) Modification of Project.--The Secretary may authorize
modification of an approved project only when a grant
recipient adequately demonstrates that the modification is
necessary because of circumstances not foreseeable at the
time at which the project was proposed.

Sec. 200504. Recovery action programs

(a) Evidence of Local Commitment to Ongoing Programs.--As a
requirement for project approval, local governments applying
for assistance under this chapter shall submit to the
Secretary evidence of their commitments to ongoing planning,
rehabilitation, service, operation, and maintenance programs
for their park and recreation systems. These commitments will
be expressed in local park and recreation recovery action
programs that maximize coordination of all community
resources, including other federally supported urban
development and recreation programs. During an initial
interim period to be established by regulations under this
chapter, this requirement may be satisfied by local
government submissions of preliminary action programs that
briefly define objectives, priorities, and implementation
strategies for overall system recovery and maintenance and
commit the applicant to a scheduled program development
process. Following this interim period, all local applicants
shall submit to the Secretary, as a condition of eligibility,
a 5-year action program for park and recreation recovery that
satisfactorily demonstrates--
(1) systematic identification of recovery objectives,
priorities, and implementation strategies;
(2) adequate planning for rehabilitation of specific
recreation areas and facilities, including projections of the
cost of proposed projects;
(3) the capacity and commitment to ensure that facilities
provided or improved under this chapter shall continue to be
adequately maintained, protected, staffed, and supervised;
(4) 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
(5) the relationship of the park and recreation recovery
program to overall community development and urban
revitalization efforts.
(b) Continuing Planning Process.--Where appropriate, the
Secretary may encourage local governments to meet action
program requirements through a continuing planning process
that includes periodic improvements and updates in action
program submissions to eliminate identified gaps in program
information and policy development.
(c) Special Considerations.--Action programs shall address,
but are not limited to--
(1) rehabilitation of existing recreational areas and
facilities, including--
(A) general systemwide renovation;
(B) special rehabilitation requirements for recreational
areas and facilities in areas of high population
concentration and economic distress; and
(C) restoration of outstanding or unique structures,
landscaping, or similar features in parks of historical or
architectural significance; and
(2) local commitments to innovative and cost-effective
programs and projects at the neighborhood level to augment
recovery of park and recreation systems, including--
(A) recycling of abandoned schools and other public
buildings for recreational purposes;
(B) multiple use of operating educational and other public
buildings, purchase of recreation services on a contractual
basis;
(C) use of mobile facilities and recreational, cultural,
and educational programs or other innovative approaches to
improving access for neighborhood residents;
(D) integration of recovery program with federally assisted
projects to maximize recreational opportunities through
conversion of abandoned railroad and highway rights of way,
waterfront, and other redevelopment efforts and such other
federally assisted projects as may be appropriate;
(E) conversion of recreation use of street space, derelict
land, and other public land not now designated for
neighborhood recreational use; and
(F) use of various forms of compensated and uncompensated
land regulation, tax inducements, or other means to encourage
the private sector to provide neighborhood park and
recreation facilities and programs.
(d) Publication in Federal Register.--The Secretary shall
establish and publish in the Federal Register requirements
for preparation, submission, and updating of local park and
recreation recovery action programs.
(e) Eligibility for At-Risk Youth Recreation Grants.--To be
eligible to receive at-risk youth recreation grants a local
government shall amend its 5-year action program to
incorporate the goal of reducing crime and juvenile
delinquency and to provide a description of the
implementation strategies to achieve this goal. The plan
shall also address how the local government is coordinating
its recreation programs with crime prevention efforts of law
enforcement, juvenile corrections, and youth social service
agencies.
(f) Matching Recovery Action Program Grants.--The Secretary
may provide up to 50 percent matching recovery action program
grants to eligible local governments for program development
and planning specifically to meet the objectives of this
chapter.

Sec. 200505. State action

(a) Additional Match.--The Secretary may increase
rehabilitation grants or innovation grants authorized in
section 200503 of this title by providing an additional match
equal to the total match provided by a State of up to 15
percent of total project costs. The Federal matching amount
shall not exceed 85 percent of total project cost.
(b) Adequate Implementation of Local Recovery Plans.--The
Secretary shall encourage States to assist the Secretary in
ensuring--
(1) 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
(2) consistency of the plans and programs, where
appropriate, with State recreation policies as set forth in
statewide comprehensive outdoor recreation plans.

Sec. 200506. Non-Federal share of project costs

(a) Sources.--
(1) Allowable sources.--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.
(2) Non-allowable sources.--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.
(b) Encouragement of States and Private Interests.--The
Secretary shall encourage States and private interests to
contribute, to the maximum extent possible, to the non-
Federal share of project costs.

Sec. 200507. Conversion of recreation property

No property improved or developed with assistance under
this chapter shall, without the approval of the Secretary, be
converted to other than public recreation uses. The Secretary
shall approve such a conversion only if the Secretary finds
it to be in accord with the then-current local park and
recreation recovery action program and only on such
conditions as the Secretary considers necessary to ensure the
provision of adequate recreation properties and opportunities
of reasonably equivalent location and usefulness.

Sec. 200508. Coordination of program

The Secretary shall--
(1) coordinate the urban park and recreation recovery
program with the total urban recovery effort and cooperate to
the fullest extent possible with other Federal agencies and
with State agencies that administer programs and policies
affecting urban areas, including programs in housing, urban
development, natural resources management, employment,
transportation, community services, and voluntary action;
(2) encourage maximum coordination of the program between
State agencies and local applicants; and
(3) require that local applicants include provisions for
participation of community and neighborhood residents and for
public-private coordination in recovery planning and project
selection.

Sec. 200509. Recordkeeping

(a) In General.--A recipient of assistance under this
chapter shall keep such records as the Secretary shall
prescribe, including--
(1) records that disclose--
(A) the amount and disposition of project undertakings in
connection with which assistance under this chapter is given
or used; and
(B) the amount and nature of the portion of the cost of the
project or undertaking that is supplied by other sources; and
(2) such other records as will facilitate an effective
audit.
(b) Access.--The Secretary and the Comptroller General
shall have access for the purpose of audit and examination to
any records of the recipient that are pertinent to assistance
received under this chapter.

Sec. 200510. Inapplicability of matching provisions

Amounts authorized for Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands are not subject to
the matching provisions of this chapter, and may be subject
only to such conditions, reports, plans, and agreements, if
any, as the Secretary may determine.

Sec. 200511. Funding limitations

(a) Limitation of Funds.--The amount of grants made under
this chapter for projects in any one State for any fiscal
year shall not be more than 15 percent of the amount made
available for grants to all of the States for that fiscal
year.
(b) Recovery Action Program Grants.--Not more than 3
percent of the amount made

[[Page H2198]]

available for grants under this chapter for a fiscal year
shall be used for recovery action program grants.
(c) Innovation Grants.--Not more than 10 percent of the
amount made available for grants under this chapter for a
fiscal year shall be used for innovation grants.
(d) Program Support.--Not more than 25 percent of the
amount made available under this chapter to any local
government shall be used for program support.
(e) No Land Acquisition.--No funds made available under
this chapter shall be used for the acquisition of land or an
interest in land.
Subtitle III--National Preservation Programs
Division A--Historic Preservation
Subdivision 1--General Provisions
Chapter 3001--Policy
Sec.
300101. Policy.

Sec. 300101. Policy

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--
(1) use measures, including financial and technical
assistance, to foster conditions under which our modern
society and our historic property can exist in productive
harmony and fulfill the social, economic, and other
requirements of present and future generations;
(2) provide leadership in the preservation of the historic
property of the United States and of the international
community of nations and in the administration of the
national preservation program;
(3) administer federally owned, administered, or controlled
historic property in a spirit of stewardship for the
inspiration and benefit of present and future generations;
(4) contribute to the preservation of nonfederally owned
historic property and give maximum encouragement to
organizations and individuals undertaking preservation by
private means;
(5) encourage the public and private preservation and
utilization of all usable elements of the Nation's historic
built environment; and
(6) assist State and local governments, Indian tribes and
Native Hawaiian organizations, and the National Trust to
expand and accelerate their historic preservation programs
and activities.
Chapter 3003--Definitions
Sec.
300301. Agency.
300302. Certified local government.
300303. Council.
300304. Cultural park.
300305. Historic conservation district.
300306. Historic Preservation Fund.
300307. Historic preservation review commission.
300308. Historic property.
300309. Indian tribe.
300310. Local government.
300311. National Register.
300312. National Trust.
300313. Native Hawaiian.
300314. Native Hawaiian organization.
300315. Preservation or historic preservation.
300316. Secretary.
300317. State.
300318. State historic preservation review board.
300319. Tribal land.
300320. Undertaking.
300321. World Heritage Convention.

Sec. 300301. Agency

In this division, the term ``agency'' has the meaning given
the term in section 551 of title 5.

Sec. 300302. Certified local government

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

Sec. 300303. Council

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

Sec. 300304. Cultural park

In this division, the term ``cultural park'' means a
definable area that--
(A) is distinguished by historic property, prehistoric
property, and land related to that property; and
(B) constitutes an interpretive, educational, and
recreational resource for the public at large.

Sec. 300305. Historic conservation district

In this division, the term ``historic conservation
district'' means an area that contains--
(1) historic property;
(2) buildings having similar or related architectural
characteristics;
(3) cultural cohesiveness; or
(4) any combination of features described in paragraphs (1)
to (3).

Sec. 300306. Historic Preservation Fund

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

Sec. 300307. Historic preservation review commission

In this division, the term ``historic preservation review
commission'' means a board, council, commission, or other
similar collegial body--
(1) that is established by State or local legislation as
provided in section 302503(a)(2) of this title; and
(2) the members of which are appointed by the chief elected
official of a jurisdiction (unless State or local law
provides for appointment by another official) from among--
(A) professionals in the disciplines of architecture,
history, architectural history, planning, prehistoric and
historic archeology, folklore, cultural anthropology,
curation, conservation, and landscape architecture, or
related disciplines, to the extent that those professionals
are available in the community; and
(B) other individuals who have demonstrated special
interest, experience, or knowledge in history, architecture,
or related disciplines and will provide for an adequate and
qualified commission.

Sec. 300308. Historic property

In this division, the term ``historic property'' 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.

Sec. 300309. Indian tribe

In this division, the term ``Indian tribe'' 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.

Sec. 300310. Local government

In this division, the term ``local government'' means a
city, county, township, municipality, or borough, or any
other general purpose political subdivision of any State.

Sec. 300311. National Register

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

Sec. 300312. National Trust

In this division, the term ``National Trust'' means the
National Trust for Historic Preservation in the United States
established under section 312102 of this title.

Sec. 300313. Native Hawaiian

In this division, the term ``Native Hawaiian'' 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.

Sec. 300314. Native Hawaiian organization

(a) In general.--In this division, the term ``Native
Hawaiian organization'' means any organization that--
(1) serves and represents the interests of Native
Hawaiians;
(2) has as a primary and stated purpose the provision of
services to Native Hawaiians; and
(3) has demonstrated expertise in aspects of historic
preservation that are culturally significant to Native
Hawaiians.
(b) Inclusions.--In this division, the term ``Native
Hawaiian organization'' includes the Office of Hawaiian
Affairs of Hawaii and Hui Malama I Na Kupuna O Hawai'i Nei,
an organization incorporated under the laws of the State of
Hawaii.

Sec. 300315. Preservation or historic preservation

In this division, the term ``preservation'' or ``historic
preservation'' includes--
(1) identification, evaluation, recordation, documentation,
curation, acquisition, protection, management,
rehabilitation, restoration, stabilization, maintenance,
research, interpretation, and conservation;
(2) education and training regarding the foregoing
activities; or
(3) any combination of the foregoing activities.

Sec. 300316. Secretary

In this division, the term ``Secretary'' means the
Secretary acting through the Director.

Sec. 300317. State

In this division, the term ``State'' means--
(1) a State, the District of Columbia, Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the Northern Mariana
Islands; and
(2) the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.

Sec. 300318. State historic preservation review board

In this division, the term ``State historic preservation
review board'' means a board, council, commission, or other
similar collegial body established as provided in section
302301(2) of this title--
(1) the members of which are appointed by the State
Historic Preservation Officer (unless otherwise provided for
by State law);
(2) a majority of the members of which are professionals
qualified in history, prehistoric and historic archeology,
architectural history, architecture, folklore, cultural
anthropology, curation, conservation, landscape architecture,
and related disciplines; and
(3) that has the authority to--
(A) review National Register nominations and appeals from
nominations;
(B) review appropriate documentation submitted in
conjunction with the Historic Preservation Fund;

[[Page H2199]]

(C) provide general advice and guidance to the State
Historic Preservation Officer; and
(D) perform such other duties as may be appropriate.

Sec. 300319. Tribal land

In this division, the term ``tribal land'' means--
(1) all land within the exterior boundaries of any Indian
reservation; and
(2) all dependent Indian communities.

Sec. 300320. Undertaking

In this division, the term ``undertaking'' means a project,
activity, or program funded in whole or in part under the
direct or indirect jurisdiction of a Federal agency,
including--
(1) those carried out by or on behalf of the Federal
agency;
(2) those carried out with Federal financial assistance;
(3) those requiring a Federal permit, license, or approval;
and
(4) those subject to State or local regulation administered
pursuant to a delegation or approval by a Federal agency.

Sec. 300321. World Heritage Convention

In this division, the term ``World Heritage Convention''
means the Convention concerning the Protection of the World
Cultural and Natural Heritage, done at Paris November 23,
1972 (27 UST 37).
Subdivision 2--Historic Preservation Program
Chapter 3021--National Register of Historic Places
Sec.
302101. Maintenance by Secretary.
302102. Inclusion of properties on National Register.
302103. Criteria and regulations relating to National Register,
National Historic Landmarks, and World Heritage List.
302104. Nominations for inclusion on National Register.
302105. Owner participation in nomination process.
302106. Retention of name.
302107. Regulations.
302108. Review of threats to historic property.

Sec. 302101. Maintenance by Secretary

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.

Sec. 302102. Inclusion of properties on National Register

(a) In General.--A property that meets the criteria for
National Historic Landmarks established pursuant to section
302103 of this title shall be designated as a National
Historic Landmark and included on the National Register,
subject to the requirements of section 302107 of this title.
(b) Historic Property on National Register on December 12,
1980.--All historic property included on the National
Register on December 12, 1980, shall be deemed to be included
on the National Register as of their initial listing for
purposes of this division.
(c) Historic Property Listed in Federal Register of
February 6, 1979, or Prior to December 12, 1980, as National
Historic Landmarks.--All historic property listed in the
Federal Register of February 6, 1979, or prior to December
12, 1980, as National Historic Landmarks are declared by
Congress to be National Historic Landmarks of national
historic significance as of their initial listing in the
Federal Register for purposes of this division and chapter
3201 of this title, except that in the case of a National
Historic Landmark district for which no boundaries had been
established as of December 12, 1980, boundaries shall first
be published in the Federal Register.

Sec. 302103. Criteria and regulations relating to National
Register, National Historic Landmarks, and World Heritage
List

The Secretary, in consultation with national historical and
archeological associations, shall--
(1) establish criteria for properties to be included on the
National Register and criteria for National Historic
Landmarks; and
(2) promulgate regulations for--
(A) nominating properties for inclusion on, and removal
from, the National Register and the recommendation of
properties by certified local governments;
(B) designating properties as National Historic Landmarks
and removing that designation;
(C) considering appeals from recommendations, nominations,
removals, and designations (or any failure or refusal by a
nominating authority to nominate or designate);
(D) nominating historic property for inclusion in the World
Heritage List in accordance with the World Heritage
Convention;
(E) making determinations of eligibility of properties for
inclusion on the National Register; and
(F) notifying the owner of a property, any appropriate
local governments, and the general public, when the property
is being considered for inclusion on the National Register,
for designation as a National Historic Landmark, or for
nomination to the World Heritage List.

Sec. 302104. Nominations for inclusion on National Register

(a) Nomination by State.--Subject to the requirements of
section 302107 of this title, any State that is carrying out
a program approved under chapter 3023 shall nominate to the
Secretary property that meets the criteria promulgated under
section 302103 of this title for inclusion on the National
Register. Subject to section 302107 of this title, any
property nominated under this subsection or under section
306102 of this title shall be included on the National
Register on the date that is 45 days after receipt by the
Secretary of the nomination and the necessary documentation,
unless the Secretary disapproves the nomination within the
45-day period or unless an appeal is filed under subsection
(c).
(b) Nomination by Person or Local Government.--Subject to
the requirements of section 302107 of this title, the
Secretary may accept a nomination directly from any person or
local government for inclusion of a property on the National
Register only if the property is located in a State where
there is no program approved under chapter 3023 of this
title. The Secretary may include on the National Register any
property for which such a nomination is made if the Secretary
determines that the property is eligible in accordance with
the regulations promulgated under section 302103 of this
title. The determination shall be made within 90 days from
the date of the nomination unless the nomination is appealed
under subsection (c).
(c) Appeal.--Any person or local government may appeal to
the Secretary--
(1) a nomination of any property for inclusion on the
National Register; and
(2) the failure of a nominating authority to nominate a
property in accordance with this chapter.

Sec. 302105. Owner participation in nomination process

(a) Regulations.--The Secretary shall promulgate
regulations requiring that before any property may be
included on the National Register or designated as a National
Historic Landmark, the owner of the property, or a majority
of the owners of the individual properties within a district
in the case of a historic district, shall be given the
opportunity (including a reasonable period of time) to concur
in, or object to, the nomination of the property for
inclusion or designation. The regulations shall include
provisions to carry out this section in the case of multiple
ownership of a single property.
(b) When Property Shall Not Be Included on National
Register or Designated as National Historic Landmark.--If the
owner of any privately owned property, or a majority of the
owners of privately owned properties within the district in
the case of a historic district, object to inclusion or
designation, the property shall not be included on the
National Register or designated as a National Historic
Landmark until the objection is withdrawn.
(c) Review by Secretary.--The Secretary shall review the
nomination of the property when an objection has been made
and shall determine whether or not the property is eligible
for inclusion or designation. If the Secretary determines
that the property is eligible for inclusion or designation,
the Secretary shall inform the Advisory Council on Historic
Preservation, the appropriate State Historic Preservation
Officer, the appropriate chief elected local official, and
the owner or owners of the property of the Secretary's
determination.

Sec. 302106. Retention of name

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.

Sec. 302107. Regulations

The Secretary shall promulgate regulations--
(1) ensuring that significant prehistoric and historic
artifacts, and associated records, subject to subchapter I of
chapter 3061, chapter 3125, or the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470aa et seq.) are
deposited in an institution with adequate long-term
curatorial capabilities;
(2) establishing a uniform process and standards for
documenting historic property by public agencies and private
parties for purposes of incorporation into, or complementing,
the national historical architectural and engineering records
in the Library of Congress; and
(3) certifying local governments, in accordance with
sections 302502 and 302503 of this title, and for the
transfer of funds pursuant to section 302902(c)(4) of this
title.

Sec. 302108. Review of threats to historic property

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--
(1) determine the kinds of historic property that may be
threatened;
(2) ascertain the causes of the threats; and
(3) develop and submit to the President and Congress
recommendations for appropriate action.
Chapter 3023--State Historic Preservation Programs
Sec.

[[Page H2200]]

302301. Regulations.
302302. Program evaluation.
302303. Responsibilities of State Historic Preservation Officer.
302304. Contracts and cooperative agreements.

Sec. 302301. Regulations

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--
(1) the designation and appointment by the chief elected
official of the State of a State Historic Preservation
Officer to administer the program in accordance with section
302303 of this title and for the employment or appointment by
the officer of such professionally qualified staff as may be
necessary for those purposes;
(2) an adequate and qualified State historic preservation
review board designated by the State Historic Preservation
Officer unless otherwise provided for by State law; and
(3) adequate public participation in the State Historic
Preservation Program, including the process of recommending
properties for nomination to the National Register.

Sec. 302302. Program evaluation

(a) When Evaluation Should Occcur.--Periodically, but not
less than every 4 years after the approval of any State
program under section 302301 of this title, the Secretary, in
consultation with the Council on the appropriate provisions
of this division, and in cooperation with the State Historic
Preservation Officer, shall evaluate the program to determine
whether it is consistent with this division.
(b) Disapproval of Program.--If, at any time, the Secretary
determines that a major aspect of a State program is not
consistent with this division, the Secretary shall disapprove
the program and suspend in whole or in part any contracts or
cooperative agreements with the State and the State Historic
Preservation Officer under this division, until the program
is consistent with this division, unless the Secretary
determines that the program will be made consistent with this
division within a reasonable period of time.
(c) Oversight.--The Secretary, in consultation with State
Historic Preservation Officers, shall establish oversight
methods to ensure State program consistency and quality
without imposing undue review burdens on State Historic
Preservation Officers.
(d) State Fiscal Audit and Management System.--
(1) Substitution for comparable federal systems.--At the
discretion of the Secretary, a State system of fiscal audit
and management may be substituted for comparable Federal
systems so long as the State system--
(A) establishes and maintains substantially similar
accountability standards; and
(B) provides for independent professional peer review.
(2) Fiscal audits and review by secretary.--The Secretary--
(A) may conduct periodic fiscal audits of State programs
approved under this subdivision as needed; and
(B) shall ensure that the programs meet applicable
accountability standards.

Sec. 302303. Responsibilities of State Historic Preservation
Officer

(a) In General.--It shall be the responsibility of the
State Historic Preservation Officer to administer the State
Historic Preservation Program.
(b) Particular Responsibilities.--It shall be the
responsibility of the State Historic Preservation Officer
to--
(1) in cooperation with Federal and State agencies, local
governments, and private organizations and individuals,
direct and conduct a comprehensive statewide survey of
historic property and maintain inventories of the property;
(2) identify and nominate eligible property to the National
Register and otherwise administer applications for listing
historic property on the National Register;
(3) prepare and implement a comprehensive statewide
historic preservation plan;
(4) administer the State program of Federal assistance for
historic preservation within the State;
(5) advise and assist, as appropriate, Federal and State
agencies and local governments in carrying out their historic
preservation responsibilities;
(6) cooperate with the Secretary, the Council, other
Federal and State agencies, local governments, and private
organizations and individuals to ensure that historic
property is taken into consideration at all levels of
planning and development;
(7) provide public information, education, and training and
technical assistance in historic preservation;
(8) cooperate with local governments in the development of
local historic preservation programs and assist local
governments in becoming certified pursuant to chapter 3025;
(9) consult with appropriate Federal agencies in accordance
with this division on--
(A) Federal undertakings that may affect historic property;
and
(B) the content and sufficiency of any plans developed to
protect, manage, or reduce or mitigate harm to that property;
and
(10) advise and assist in the evaluation of proposals for
rehabilitation projects that may qualify for Federal
assistance.

Sec. 302304. Contracts and cooperative agreements

(a) State.--A State may carry out all or any part of its
responsibilities under this chapter by contract or
cooperative agreement with a qualified nonprofit organization
or educational institution.
(b) Secretary.--
(1) In general.--
(A) Authority to assist secretary.--Subject to paragraphs
(3) and (4), the Secretary may enter into contracts or
cooperative agreements with a State Historic Preservation
Officer for any State authorizing the Officer to assist the
Secretary in carrying out one or more of the following
responsibilities within that State:
(i) Identification and preservation of historic property.
(ii) Determination of the eligibility of property for
listing on the National Register.
(iii) Preparation of nominations for inclusion on the
National Register.
(iv) Maintenance of historical and archeological data
bases.
(v) Evaluation of eligibility for Federal preservation
incentives.
(B) Authority to maintain national register.--Nothing in
subparagraph (A) shall be construed to provide that any State
Historic Preservation Officer or any other person other than
the Secretary shall have the authority to maintain the
National Register for properties in any State.
(2) Requirements.--The Secretary may enter into a contract
or cooperative agreement under paragraph (1) only if--
(A) the State Historic Preservation Officer has requested
the additional responsibility;
(B) the Secretary has approved the State historic
preservation program pursuant to sections 302301 and 302302
of this title;
(C) the State Historic Preservation Officer agrees to carry
out the additional responsibility in a timely and efficient
manner acceptable to the Secretary and the Secretary
determines that the Officer is fully capable of carrying out
the responsibility in that manner;
(D) the State Historic Preservation Officer agrees to
permit the Secretary to review and revise, as appropriate in
the discretion of the Secretary, decisions made by the
Officer pursuant to the contract or cooperative agreement;
and
(E) the Secretary and the State Historic Preservation
Officer agree on the terms of additional financial assistance
to the State, if there is to be any, for the costs of
carrying out that responsibility.
(3) Establish conditions and criteria.--For each
significant program area under the Secretary's authority, the
Secretary shall establish specific conditions and criteria
essential for the assumption by a State Historic Preservation
Officer of the Secretary's duties in each of those programs.
(4) Preservation programs and activities not diminished.--
Nothing in this chapter shall have the effect of diminishing
the preservation programs and activities of the Service.
Chapter 3025--Certification of Local Governments
Sec.
302501. Definitions.
302502. Certification as part of State program.
302503. Requirements for certification.
302504. Participation of certified local governments in National
Register nominations.
302505. Eligibility and responsibility of certified local government.

Sec. 302501. Definitions

In this chapter:
(1) Designation.--The term ``designation'' means the
identification and registration of property for protection
that meets criteria established by a State or locality for
significant historic property within the jurisdiction of a
local government.
(2) Protection.--The term ``protection'' means protection
by means of a local review process under State or local law
for proposed demolition of, changes to, or other action that
may affect historic property designated pursuant to this
chapter.

Sec. 302502. Certification as part of State program

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.

Sec. 302503. Requirements for certification

(a) Approved State Program.--Any local government shall be
certified to participate under this section if the applicable
State Historic Preservation Officer, and the Secretary,
certify that the local government--
(1) enforces appropriate State or local legislation for the
designation and protection of historic property;
(2) has established an adequate and qualified historic
preservation review commission by State or local legislation;
(3) maintains a system for the survey and inventory of
historic property that furthers the purposes of chapter 3023;

[[Page H2201]]

(4) provides for adequate public participation in the local
historic preservation program, including the process of
recommending properties for nomination to the National
Register; and
(5) satisfactorily performs the responsibilities delegated
to it under this division.
(b) No Approved State Program.--Where there is no State
program approved under sections 302301 and 302302 of this
title, a local government may be certified by the Secretary
if the Secretary determines that the local government meets
the requirements of subsection (a). The Secretary may make
grants to the local government certified under this
subsection for purposes of this subdivision.

Sec. 302504. Participation of certified local governments in
National Register nominations

(a) Notice.--Before a property within the jurisdiction of a
certified local government may be considered by a State to be
nominated to the Secretary for inclusion on the National
Register, the State Historic Preservation Officer shall
notify the owner, the applicable chief local elected
official, and the local historic preservation commission.
(b) Report.--The local historic preservation commission,
after reasonable opportunity for public comment, shall
prepare a report as to whether the property, in the
Commission's opinion, meets the criteria of the National
Register. Within 60 days of notice from the State Historic
Preservation Officer, the chief local elected official shall
transmit the report of the commission and the recommendation
of the local official to the State Historic Preservation
Officer.
(c) Recommendation.--
(1) Property nominated to national register.--Except as
provided in paragraph (2), after receipt of the report and
recommendation, or if no report and recommendation are
received within 60 days, the State shall make the nomination
pursuant to section 302104 of this title. The State may
expedite the process with the concurrence of the certified
local government.
(2) Property not nominated to national register.--If both
the commission and the chief local elected official recommend
that a property not be nominated to the National Register,
the State Historic Preservation Officer shall take no further
action, unless, within 30 days of the receipt of the
recommendation by the State Historic Preservation Officer, an
appeal is filed with the State. If an appeal is filed, the
State shall follow the procedures for making a nomination
pursuant to section 302104 of this title. Any report and
recommendations made under this section shall be included
with any nomination submitted by the State to the Secretary.

Sec. 302505. Eligibility and responsibility of certified
local government

Any local government--
(1) that is certified under this chapter shall be eligible
for funds under section 302902(c)(4) of this title; and
(2) that is certified, or making efforts to become
certified, under this chapter shall carry out any
responsibilities delegated to it in accordance with such
terms and conditions as the Secretary considers necessary or
advisable.
Chapter 3027--Historic Preservation Programs and Authorities for Indian
Tribes and Native Hawaiian Organizations
Sec.
302701. Program to assist Indian tribes in preserving historic
property.
302702. Indian tribe to assume functions of State Historic
Preservation Officer.
302703. Apportionment of grant funds.
302704. Contracts and cooperative agreements.
302705. Agreement for review under tribal historic preservation
regulations.
302706. Eligibility for inclusion on National Register.

Sec. 302701. Program to assist Indian tribes in preserving
historic property

(a) Establishment of Program.--The Secretary shall
establish a program and promulgate regulations to assist
Indian tribes in preserving their historic property.
(b) Communication and Cooperation.--The Secretary shall
foster communication and cooperation between Indian tribes
and State Historic Preservation Officers in the
administration of the national historic preservation program
to--
(1) ensure that all types of historic property and all
public interests in historic property are given due
consideration; and
(2) encourage coordination among Indian tribes, State
Historic Preservation Officers, and Federal agencies in
historic preservation planning and in the identification,
evaluation, protection, and interpretation of historic
property.
(c) Tribal Values.--The program under subsection (a) shall
be developed in a manner to ensure that tribal values are
taken into account to the extent feasible. The Secretary may
waive or modify requirements of this subdivision to conform
to the cultural setting of tribal heritage preservation goals
and objectives.
(d) Scope of Tribal Programs.--The tribal programs
implemented by specific tribal organizations may vary in
scope, as determined by each Indian tribe's chief governing
authority.
(e) Consultation.--The Secretary shall consult with Indian
tribes, other Federal agencies, State Historic Preservations
Officers, and other interested parties concerning the program
under subsection (a).

Sec. 302702. Indian tribe to assume functions of State
Historic Preservation Officer

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--
(1) the Indian tribe's chief governing authority so
requests;
(2) the Indian tribe designates a tribal preservation
official to administer the tribal historic preservation
program, through appointment by the Indian tribe's chief
governing authority or as a tribal ordinance may otherwise
provide;
(3) the tribal preservation official provides the Secretary
with a plan describing how the functions the tribal
preservation official proposes to assume will be carried out;
(4) the Secretary determines, after consulting with the
Indian tribe, the appropriate State Historic Preservation
Officer, the Council (if the Indian tribe proposes to assume
the functions of the State Historic Preservation Officer with
respect to review of undertakings under section 306108 of
this title), and other Indian tribes, if any, whose tribal or
aboriginal land may be affected by conduct of the tribal
preservation program, that--
(A) the tribal preservation program is fully capable of
carrying out the functions specified in the plan provided
under paragraph (3);
(B) the plan defines the remaining responsibilities of the
Secretary and the State Historic Preservation Officer; and
(C) the plan provides, with respect to properties neither
owned by a member of the Indian tribe nor held in trust by
the Secretary for the benefit of the Indian tribe, at the
request of the owner of the properties, that the State
Historic Preservation Officer, in addition to the tribal
preservation official, may exercise the historic preservation
responsibilities in accordance with sections 302302 and
302303 of this title; and
(5) based on satisfaction of the conditions stated in
paragraphs (1), (2), (3), and (4), the Secretary approves the
plan.

Sec. 302703. Apportionment of grant funds

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.

Sec. 302704. Contracts and cooperative agreements

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--
(1) the Secretary and the Indian tribe agree on additional
financial assistance, if any, to the Indian tribe for the
costs of carrying out those authorities;
(2) the Secretary finds that the tribal historic
preservation program has been demonstrated to be sufficient
to carry out the contract or cooperative agreement and this
division; and
(3) the contract or cooperative agreement specifies the
continuing responsibilities of the Secretary or of the
appropriate State Historic Preservation Officers and provides
for appropriate participation by--
(A) the Indian tribe's traditional cultural authorities;
(B) representatives of other Indian tribes whose
traditional land is under the jurisdiction of the Indian
tribe assuming responsibilities; and
(C) the interested public.

Sec. 302705. Agreement for review under tribal historic
preservation regulations

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.

Sec. 302706. Eligibility for inclusion on National Register

(a) In General.--Property of traditional religious and
cultural importance to an Indian tribe or Native Hawaiian
organization may be determined to be eligible for inclusion
on the National Register.
(b) Consultation.--In carrying out its responsibilities
under section 306108 of this title, a Federal agency shall
consult with any Indian tribe or Native Hawaiian organization
that attaches religious and cultural significance to property
described in subsection (a).
(c) Hawaii.--In carrying out responsibilities under section
302303 of this title, the State Historic Preservation Officer
for Hawaii shall--
(1) consult with Native Hawaiian organizations in assessing
the cultural significance of

[[Page H2202]]

any property in determining whether to nominate the property
to the National Register;
(2) consult with Native Hawaiian organizations in
developing the cultural component of a preservation program
or plan for the property; and
(3) enter into a memorandum of understanding or agreement
with Native Hawaiian organizations for the assessment of the
cultural significance of a property in determining whether to
nominate the property to the National Register and to carry
out the cultural component of the preservation program or
plan.
Chapter 3029--Grants
Sec.
302901. Awarding of grants and availability of grant funds.
302902. Grants to States.
302903. Grants to National Trust.
302904. Direct grants for the preservation of properties included on
National Register.
302905. Religious property.
302906. Grants and loans to Indian tribes and nonprofit organizations
representing ethnic or minority groups.
302907. Grants to Indian tribes and Native Hawaiian organizations.
302908. Grants to the Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau.
302909. Prohibited use of grant amounts.
302910. Recordkeeping.

Sec. 302901. Awarding of grants and availability of grant
funds

(a) In General.--No grant may be made under this division
unless application for the grant is submitted to the
Secretary in accordance with regulations and procedures
prescribed by the Secretary.
(b) Grant Not Treated as Taxable Income.--No grant made
pursuant to this division shall be treated as taxable income
for purposes of the Internal Revenue Code of 1986 (26 U.S.C.
1 et seq).
(c) Availability.--The Secretary shall make funding
available to individual States and the National Trust as soon
as practicable after execution of a grant agreement. For
purposes of administration, grants to individual States and
the National Trust each shall be deemed to be one grant and
shall be administered by the Service as one grant.

Sec. 302902. Grants to States

(a) In General.--The Secretary shall administer a program
of matching grants to the States for the purposes of carrying
out this division.
(b) Conditions.--
(1) In general.--No grant may be made under this division--
(A) unless the application is in accordance with the
comprehensive statewide historic preservation plan that has
been approved by the Secretary after considering its
relationship to the comprehensive statewide outdoor
recreation plan prepared pursuant to chapter 2003 of this
title;
(B) unless the grantee has agreed to make reports, in such
form and containing such information, as the Secretary may
from time to time require;
(C) unless the grantee has agreed to assume, after
completion of the project, the total cost of the continued
maintenance, repair, and administration of the property in a
manner satisfactory to the Secretary; or
(D) until the grantee has complied with such further terms
and conditions as the Secretary may consider necessary or
advisable.
(2) Waiver.--The Secretary may waive the requirements of
subparagraphs (A) and (C) of paragraph (1) for any grant
under this division to the National Trust.
(3) Amount limitation.--
(A) In general.--No grant may be made under this division
for more than 60 percent of the aggregate costs of carrying
out projects and programs under the administrative control of
the State Historic Preservation Officer as specified in
section 302303 of this title in any one fiscal year.
(B) Source of state share of costs.--Except as permitted by
other law, the State share of the costs referred to in
subparagraph (A) shall be contributed by non-Federal sources.
(4) Restriction on Use of Real Property To Meet Non-Federal
Share of Cost of Project.--No State shall be permitted to
utilize the value of real property obtained before October
15, 1966, in meeting the non-Federal share of the cost of a
project for which a grant is made under this division.
(c) Apportionment of Grant Amounts
(1) Bases for apportionment.--The amounts appropriated and
made available for grants to the States--
(A) for the purposes of this division shall be apportioned
among the States by the Secretary on the basis of needs as
determined by the Secretary; and
(B) for projects and programs under this division for each
fiscal year shall be apportioned among the States as the
Secretary determines to be appropriate.
(2) Notification.--The Secretary shall notify each State of
its apportionment under paragraph (1)(B) within 30 days after
the date of enactment of legislation appropriating funds
under this division.
(3) Reapportionment.--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 or during the
2 fiscal years after that fiscal year shall be reapportioned
by the Secretary in accordance with paragraph (1)(B). The
Secretary shall analyze and revise as necessary the method of
apportionment. The method and any revision shall be published
by the Secretary in the Federal Register.
(4) Transfer of funds to certified local governments.--Not
less than 10 percent of the annual apportionment distributed
by the Secretary to each State for the purposes of carrying
out this division shall be transferred by the State, pursuant
to the requirements of this division, to certified local
governments for historic preservation projects or programs of
the certified local governments. In any year in which the
total annual apportionment to the States exceeds $65,000,000,
50 percent of the excess shall also be transferred by the
States to certified local governments.
(5) Guidelines for use and distribution of funds to
certified local governments.--The Secretary shall establish
guidelines for the use and distribution of funds under
paragraph (4) to ensure that no certified local government
receives a disproportionate share of the funds available, and
may include a maximum or minimum limitation on the amount of
funds distributed to any single certified local government.
The guidelines shall not limit the ability of any State to
distribute more than 10 percent of its annual apportionment
under paragraph (4), nor shall the Secretary require any
State to exceed the 10 percent minimum distribution to
certified local governments.
(d) Administrative Costs.--The total direct and indirect
administrative costs charged for carrying out State projects
and programs shall not exceed 25 percent of the aggregate
costs (except in the case of a grant to the Federated States
of Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau).

Sec. 302903. Grants to National Trust

(a) Secretary of the Interior.--The Secretary may
administer grants to the National Trust consistent with the
purposes of its charter and this division.
(b) Secretary of Housing and Urban Development.--The
Secretary of Housing and Urban Development may make grants to
the National Trust, on terms and conditions and in amounts
(not exceeding $90,000 with respect to any one structure) as
the Secretary of Housing and Urban Development considers
appropriate, to cover the costs incurred by the National
Trust in renovating or restoring structures that the National
Trust considers to be of historic or architectural value and
that the National Trust has accepted and will maintain (after
the renovation or restoration) for historic purposes.

Sec. 302904. Direct grants for the preservation of properties
included on National Register

(a) Administration of Program.--The Secretary shall
administer a program of direct grants for the preservation of
properties included on the National Register.
(b) Available Amount.--Funds to support the program
annually shall not exceed 10 percent of the amount
appropriated annually for the Historic Preservation Fund.
(c) Uses of Grants.--
(1) In general.--Grants under this section may be made by
the Secretary, in consultation with the appropriate State
Historic Preservation Officer--
(A) for the preservation of--
(i) National Historic Landmarks that are threatened with
demolition or impairment; and
(ii) historic property of World Heritage significance;
(B) for demonstration projects that will provide
information concerning professional methods and techniques
having application to historic property;
(C) for the training and development of skilled labor in
trades and crafts, and in analysis and curation, relating to
historic preservation; and
(D) to assist individuals or small businesses within any
historic district included on the National Register to remain
within the district.
(2) Limit on certain grants.--A grant may be made under
subparagraph (A) or (D) of paragraph (1) only to the extent
that the project cannot be carried out in as effective a
manner through the use of an insured loan under section
303901 of this title.

Sec. 302905. Religious property

(a) In General.--Grants may be made under this chapter for
the preservation, stabilization, restoration, or
rehabilitation of religious property listed on the National
Register if the purpose of the grant--
(1) is secular;
(2) does not promote religion; and
(3) seeks to protect qualities that are historically
significant.
(b) Effect of Section.--Nothing in this section shall be
construed to authorize the use of any funds made available
under this subdivision for the acquisition of any religious
property listed on the National Register.

Sec. 302906. Grants and loans to Indian tribes and nonprofit
organizations representing ethnic or minority groups

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.

[[Page H2203]]

Sec. 302907. Grants to Indian tribes and Native Hawaiian
organizations

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.

Sec. 302908. Grants to the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of
Palau

(a) In General.--As part of the program of matching grant
assistance from the Historic Preservation Fund to States, the
Secretary shall administer a program of direct grants to the
Federated States of Micronesia, the Republic of the Marshall
Islands, and the Republic of Palau in furtherance of the
Compact of Free Association between the United States and the
Federated States of Micronesia and the Marshall Islands,
approved by the Compact of Free Association Act of 1985 (48
U.S.C. 1901 et seq., 2001 et seq.), and the Compact of Free
Association between the United States and Palau, approved by
the Joint Resolution entitled ``Joint Resolution to approve
the `Compact of Free Association' between the United States
and Government of Palau, and for other purposes'' (48 U.S.C.
1931 et seq.) or any successor enactment.
(b) Goal of Program.--The goal of the program shall be to
establish historic and cultural preservation programs that
meet the unique needs of each of those nations so that at the
termination of the compacts the programs shall be firmly
established.
(c) Basis of Allocating Amounts.--The amounts to be made
available under this subsection shall be allocated by the
Secretary on the basis of needs as determined by the
Secretary.
(d) Waivers and Modifications.--The Secretary may waive or
modify the requirements of this subdivision to conform to the
cultural setting of those nations. Matching funds may be
waived or modified.

Sec. 302909. Prohibited use of grant amounts

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

Sec. 302910. Recordkeeping

A recipient of assistance under this division shall keep--
(1) such records as the Secretary shall prescribe,
including records that fully disclose--
(A) the disposition by the recipient of the proceeds of the
assistance;
(B) the total cost of the project or undertaking in
connection with which the assistance is given or used; and
(C) the amount and nature of that portion of the cost of
the project or undertaking supplied by other sources; and
(2) such other records as will facilitate an effective
audit.
Chapter 3031--Historic Preservation Fund
Sec.
303101. Establishment.
303102. Content.
303103. Use and availability.

Sec. 303101. Establishment

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

Sec. 303102. Contents

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.

Sec. 303103. Use and availability

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.
Chapters 3033 Through 3037--Reserved
Chapter 3039--Miscellaneous
Sec.
303901. Loan insurance program for preservation of property included
on National Register.
303902. Training in, and dissemination of information concerning,
professional methods and techniques for preservation of
historic property.
303903. Preservation education and training program.

Sec. 303901. Loan insurance program for preservation of
property included on National Register

(a) Establishment.--The Secretary shall establish and
maintain a program by which the Secretary may, on application
of a private lender, insure loans (including loans made in
accordance with a mortgage) made by the lender to finance any
project for the preservation of a property included on the
National Register.
(b) Loan Qualifications.--A loan may be insured under this
section if--
(1) the loan is made by a private le nder approved by the
Secretary as financially sound and able to service the loan
properly;
(2) the amount of the loan, and interest rate charged with
respect to the loan, do not exceed the amount and rate
established by the Secretary by regulation;
(3) the Secretary has consulted the appropriate State
Historic Preservation Officer concerning the preservation of
the historic property;
(4) the Secretary has determined that the loan is
adequately secured and there is reasonable assurance of
repayment;
(5) the repayment period of the loan does not exceed the
lesser of 40 years or the expected life of the asset
financed;
(6) the amount insured with respect to the loan does not
exceed 90 percent of the loss sustained by the lender with
respect to the loan; and
(7) the loan, the borrower, and the historic property to be
preserved meet such other terms and conditions as may be
prescribed by the Secretary by regulation, especially terms
and conditions relating to the nature and quality of the
preservation work.
(c) Consultation.--The Secretary shall consult with the
Secretary of the Treasury regarding the interest rate of
loans insured under this section.
(d) Limitation on Amount of Unpaid Principal Balance of
Loans.--The aggregate unpaid principal balance of loans
insured under this section may not exceed the amount that has
been deposited in the Historic Preservation Fund but which
has not been appropriated for any purpose.
(e) Insurance Contracts.--Any contract of insurance
executed by the Secretary under this section may be
assignable, shall be an obligation supported by the full
faith and credit of the United States, and shall be
incontestable except for fraud or misrepresentation of which
the holder had actual knowledge at the time it became a
holder.
(f) Conditions and Methods of Payment as Result of Loss.--
The Secretary shall specify, by regulation and in each
contract entered into under this section, the conditions and
method of payment to a private lender as a result of losses
incurred by the lender on any loan insured under this
section.
(g) Protection of Financial Interests of Federal
Government.--In entering into any contract to insure a loan
under this section, the Secretary shall take steps to ensure
adequate protection of the financial interests of the Federal
Government. The Secretary may--
(1) in connection with any foreclosure proceeding, obtain,
on behalf of the Federal Government, the historic property
securing a loan insured under this section; and
(2) operate or lease the historic property for such period
as may be necessary to protect the interest of the Federal
Government and to carry out subsection (h).
(h) Conveyance to Governmental or Nongovernmental Entity of
Property Acquired by Foreclosure.--
(1) Attempt to convey to ensure property's preservation and
use.--In any case in which historic property is obtained
pursuant to subsection (g), the Secretary shall attempt to
convey the property to any governmental or nongovernmental
entity under conditions that will ensure the property's
continued preservation and use. If, after a reasonable time,
the Secretary, in consultation with the Council, determines
that there is no feasible and prudent means to convey the
property and to ensure its continued preservation and use,
the Secretary may convey the property at the fair market
value of its interest in the property to any entity without
restriction.
(2) Disposition of funds.--Any funds obtained by the
Secretary in connection with the conveyance of any historic
property pursuant to paragraph (1) shall be deposited in the
Historic Preservation Fund and shall remain available in the
Historic Preservation Fund until appropriated by Congress to
carry out this division.
(i) Assessment of Fees in Connection With Insuring Loans.--
The Secretary may assess appropriate and reasonable fees in
connection with insuring loans under this section. The fees
shall be deposited in the Historic Preservation Fund and
shall remain available in the Historic Preservation Fund
until appropriated by Congress to carry out this division.
(j) Treatment of Loans as Non-Federal Funds.--
Notwithstanding any other provision of law, any loan insured
under this section shall be treated as non-Federal funds for
the purposes of satisfying any requirement of any other
provision of law under which Federal funds to be used for any
project or activity are conditioned on the use of non-Federal
funds by the recipient for payment of any portion of the
costs of the project or activity.
(k) Ineligibility of Debt Obligation for Purchase or
Commitment To Purchase by, or Sale or Issuance to, Federal
Financing Bank.--No debt obligation that is made or committed
to be made, or that is insured or committed to be insured, by
the Secretary under this section shall be eligible for
purchase by, or commitment to purchase by, or sale or
issuance to, the Federal Financing Bank.

Sec. 303902. Training in, and dissemination of information
concerning, professional methods and techniques for
preservation of historic property

The Secretary shall develop and make available to Federal
agencies, State and

[[Page H2204]]

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.

Sec. 303903. Preservation education and training program

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--
(1) standards and increased preservation training
opportunities for Federal workers involved in preservation-
related functions;
(2) preservation training opportunities for other Federal,
State, tribal and local government workers, and students;
(3) technical or financial assistance, or both, to
historically black colleges and universities, to tribal
colleges, and to colleges with a high enrollment of Native
Americans or Native Hawaiians, to establish preservation
training and degree programs; and
(4) where appropriate, coordination with the National
Center for Preservation Technology and Training of--
(A) distribution of information on preservation
technologies;
(B) provision of training and skill development in trades,
crafts, and disciplines related to historic preservation in
Federal training and development programs; and
(C) support for research, analysis, conservation, curation,
interpretation, and display related to preservation.
Subdivision 3--Advisory Council on Historic Preservation
Chapter 3041--Advisory Council on Historic Preservation
Sec.
304101. Establishment; vacancies.
304102. Duties of Council.
304103. Cooperation between Council and instrumentalities of executive
branch of Federal Government.
304104. Compensation of members of Council.
304105. Administration.
304106. International Centre for the Study of the Preservation and
Restoration of Cultural Property.
304107. Transmittal of legislative recommendations, testimony, or
comments to any officer or agency of the United States
prior to submission to Congress.
304108. Regulations, procedures, and guidelines.
304109. Budget submission.
304110. Report by Secretary to Council.
304111. Reimbursements from State and local agencies.
304112. Effectiveness of Federal grant and assistance programs.

Sec. 304101. Establishment; vacancies

(a) Establishment.--There is established as an independent
agency of the United States Government an Advisory Council on
Historic Preservation, which shall be composed of the
following members:
(1) A Chairman appointed by the President selected from the
general public.
(2) The Secretary.
(3) The Architect of the Capitol.
(4) The Secretary of Agriculture and the heads of 7 other
agencies of the United States (other than the Department of
the Interior), the activities of which affect historic
preservation, designated by the President.
(5) One Governor appointed by the President.
(6) One mayor appointed by the President.
(7) The President of the National Conference of State
Historic Preservation Officers.
(8) The Chairman of the National Trust.
(9) Four experts in the field of historic preservation
appointed by the President from architecture, history,
archeology, and other appropriate disciplines.
(10) Three members from the general public, appointed by
the President.
(11) One member of an Indian tribe or Native Hawaiian
organization who represents the interests of the Indian tribe
or Native Hawaiian organization of which he or she is a
member, appointed by the President.
(b) Designation of Substitutes.--Each member of the Council
specified in paragraphs (2) to (5), (7), and (8) of
subsection (a) may designate another officer of the
department, agency, or organization to serve on the Council
instead of the member, except that, in the case of paragraphs
(2) and (4), no officer other than an Assistant Secretary or
an officer having major department-wide or agency-wide
responsibilities may be designated.
(c) Term of Office.--Each member of the Council appointed
under paragraphs (1) and (9) to (11) of subsection (a) shall
serve for a term of 4 years from the expiration of the term
of the member's predecessor. The members appointed under
paragraphs (5) and (6) shall serve for the term of their
elected office but not in excess of 4 years. An appointed
member may not serve more than 2 terms. An appointed member
whose term has expired shall serve until that member's
successor has been appointed.
(d) Vacancies.--A vacancy in the Council shall not affect
its powers, but shall be filled, not later than 60 days after
the vacancy commences, in the same manner as the original
appointment (and for the balance of the unexpired term).
(e) Designation of Vice Chairman.--The President shall
designate a Vice Chairman from the members appointed under
paragraph (5), (6), (9), or (10) of subsection (a). The Vice
Chairman may act in place of the Chairman during the absence
or disability of the Chairman or when the office is vacant.
(f) Quorum.--Twelve members of the Council shall constitute
a quorum.

Sec. 304102. Duties of Council

(a) Duties.--The Council shall--
(1) advise the President and Congress on matters relating
to historic preservation, recommend measures to coordinate
activities of Federal, State, and local agencies and private
institutions and individuals relating to historic
preservation, and advise on the dissemination of information
pertaining to those activities;
(2) encourage, in cooperation with the National Trust and
appropriate private agencies, public interest and
participation in historic preservation;
(3) recommend the conduct of studies in such areas as--
(A) the adequacy of legislative and administrative statutes
and regulations pertaining to historic preservation
activities of State and local governments; and
(B) the effects of tax policies at all levels of government
on historic preservation;
(4) advise as to guidelines for the assistance of State and
local governments in drafting legislation relating to
historic preservation;
(5) encourage, in cooperation with appropriate public and
private agencies and institutions, training and education in
the field of historic preservation;
(6) review the policies and programs of Federal agencies
and recommend to Federal agencies methods to improve the
effectiveness, coordination, and consistency of those
policies and programs with the policies and programs carried
out under this division; and
(7) inform and educate Federal agencies, State and local
governments, Indian tribes, other nations and international
organizations and private groups and individuals as to the
Council's authorized activities.
(b) Annual Report.--The Council annually shall submit to
the President a comprehensive report of its activities and
the results of its studies and shall from time to time submit
additional and special reports as it deems advisable. Each
report shall propose legislative enactments and other actions
as, in the judgment of the Council, are necessary and
appropriate to carry out its recommendations and shall
provide the Council's assessment of current and emerging
problems in the field of historic preservation and an
evaluation of the effectiveness of the programs of Federal
agencies, State and local governments, and the private sector
in carrying out this division.

Sec. 304103. Cooperation between Council and
instrumentalities of executive branch of Federal Government

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.

Sec. 304104. Compensation of members of Council

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.

Sec. 304105. Administration

(a) Executive Director.--There shall be an Executive
Director of the Council who shall be appointed by the
Chairman with the concurrence of the Council in the
competitive service at a rate within the General Schedule, in
the competitive service at a rate that may exceed the rate
prescribed for the highest rate established for grade 15 of
the General Schedule under section 5332 of title 5, or in the
Senior Executive Service under section 3393 of title 5. The
Executive Director shall report directly to the Council and
perform such functions and duties as the Council may
prescribe.
(b) General Counsel and Appointment of Other Attorneys.--
(1) General counsel.--The Council shall have a General
Counsel, who shall be appointed by the Executive Director.
The General Counsel shall report directly to the Executive
Director and serve as the Council's legal advisor.
(2) Appointment of other attorneys.--The Executive Director
shall appoint other attorneys as may be necessary to--
(A) assist the General Counsel;
(B) represent the Council in court when appropriate,
including enforcement of agreements with Federal agencies to
which the Council is a party;
(C) assist the Department of Justice in handling litigation
concerning the Council in court; and

[[Page H2205]]

(D) perform such other legal duties and functions as the
Executive Director and the Council may direct.
(c) Appointment and Compensation of Officers and
Employees.--The Executive Director of the Council may appoint
and fix the compensation of officers and employees in the
competitive service who are necessary to perform the
functions of the Council at rates not to exceed that
prescribed for the highest rate for grade 15 of the General
Schedule under section 5332 of title 5. The Executive
Director, with the concurrence of the Chairman, may appoint
and fix the compensation of not to exceed 5 employees in the
competitive service at rates that exceed that prescribed for
the highest rate established for grade 15 of the General
Schedule under section 5332 of title 5 or in the Senior
Executive Service under section 3393 of title 5.
(d) Appointment and Compensation of Additional Personnel.--
The Executive Director may appoint and fix the compensation
of such additional personnel as may be necessary to carry out
the Council's duties, without regard to the civil service
laws and chapter 51 and subchapter III of chapter 53 of title
5.
(e) Expert and Consultant Services.--The Executive Director
may procure expert and consultant services in accordance with
section 3109 of title 5.
(f) Financial and Administrative Services.--
(1) Services to be provided by secretary, agency, or
private entity.--Financial and administrative services
(including those related to budgeting, accounting, financial
reporting, personnel and procurement) shall be provided the
Council by the Secretary or, at the discretion of the
Council, another agency or private entity that reaches an
agreement with the Council, for which payments shall be made
in advance, or by reimbursement, from funds of the Council in
such amounts as may be agreed on by the Chairman of the
Council and the head of the agency or the authorized
representative of the private entity that will provide the
services.
(2) Federal agency regulations relating to collection
apply.--When a Federal agency affords those services, the
regulations of that agency under section 5514(b) of title 5
for the collection of indebtedness of personnel resulting
from erroneous payments shall apply to the collection of
erroneous payments made to or on behalf of a Council
employee, and regulations of that agency under sections
1513(d) and 1514 of title 31 for the administrative control
of funds shall apply to appropriations of the Council. The
Council shall not be required to prescribe those regulations.
(g) Funds, Personnel, Facilities, and Services.--
(1) Provided by federal agency.--Any Federal agency may
provide the Council, with or without reimbursement as may be
agreed on by the Chairman and the agency, with such funds,
personnel, facilities, and services under its jurisdiction
and control as may be needed by the Council to carry out its
duties, to the extent that the funds, personnel, facilities,
and services are requested by the Council and are otherwise
available for that purpose. Any funds provided to the Council
pursuant to this subsection shall be obligated by the end of
the fiscal year following the fiscal year in which the funds
are received by the Council.
(2) Obtaining additional property, facilities, and services
and receiving donations of money.--To the extent of available
appropriations, the Council may obtain by purchase, rental,
donation, or otherwise additional property, facilities, and
services as may be needed to carry out its duties and may
receive donations of money for that purpose. The Executive
Director may accept, hold, use, expend, and administer the
property, facilities, services, and money for the purposes of
this division.
(h) Rights, Benefits, and Privileges of Transferred
Employees.--Any employee in the competitive service of the
United States transferred to the Council under section 207 of
the National Historic Preservation Act (Public Law 89-665)
retains all the rights, benefits, and privileges pertaining
to the competitive service held prior to the transfer.
(i) Exemption From Federal Advisory Committee Act.--The
Council is exempt from the Federal Advisory Committee Act (5
U.S.C. App.).
(j) Provisions That Govern Operations of Council.--
Subchapter II of chapter 5 and chapter 7 of title 5 shall
govern the operations of the Council.

Sec. 304106. International Centre for the Study of the
Preservation and Restoration of Cultural Property

(a) Authorization of Participation.--The participation of
the United States as a member in the International Centre for
the Study of the Preservation and Restoration of Cultural
Property is authorized.
(b) Official Delegation.--The Council shall recommend to
the Secretary of State, after consultation with the
Smithsonian Institution and other public and private
organizations concerned with the technical problems of
preservation, the members of the official delegation that
will participate in the activities of the International
Centre for the Study of the Preservation and Restoration of
Cultural Property on behalf of the United States. The
Secretary of State shall appoint the members of the official
delegation from the persons recommended to the Secretary of
State by the Council.

Sec. 304107. Transmittal of legislative recommendations,
testimony, or comments to any officer or agency of the
United States prior to submission to Congress

No officer or agency of the United States shall have any
authority to require the Council to submit its legislative
recommendations, or testimony, or comments on legislation to
any officer or agency of the United States for approval,
comments, or review, prior to the submission of the
recommendations, testimony, or comments to Congress. When the
Council voluntarily seeks to obtain the comments or review of
any officer or agency of the United States, the Council shall
include a description of the actions in its legislative
recommendations, testimony, or comments on legislation that
it transmits to Congress.

Sec. 304108. Regulations, procedures, and guidelines

(a) In General.--The Council may promulgate regulations as
it considers necessary to govern the implementation of
section 306108 of this title in its entirety.
(b) Participation by Local Governments.--The Council shall
by regulation establish such procedures as may be necessary
to provide for participation by local governments in
proceedings and other actions taken by the Council with
respect to undertakings referred to in section 306108 of this
title that affect the local governments.
(c) Exemption for Federal Programs or Undertakings.--The
Council, with the concurrence of the Secretary, shall
promulgate regulations or guidelines, as appropriate, under
which Federal programs or undertakings may be exempted from
any or all of the requirements of this division when the
exemption is determined to be consistent with the purposes of
this division, taking into consideration the magnitude of the
exempted undertaking or program and the likelihood of
impairment of historic property.

Sec. 304109. Budget submission

(a) Time and Manner of Submission.--The Council shall
submit its budget annually as a related agency of the
Department of the Interior.
(b) Transmittal of Copies to Congressional Committees.--
Whenever the Council submits any budget estimate or request
to the President or the Office of Management and Budget, it
shall concurrently transmit copies of that estimate or
request to the Committee on Natural Resources and Committee
on Appropriations of the House of Representatives and the
Committee on Energy and Natural Resources and Committee on
Appropriations of the Senate.

Sec. 304110. Report by Secretary to Council

To assist the Council in discharging its responsibilities
under this division, the Secretary at the request of the
Chairman shall provide a report to the Council detailing the
significance of any historic property, describing the effects
of any proposed undertaking on the affected property, and
recommending measures to avoid, minimize, or mitigate adverse
effects.

Sec. 304111. Reimbursements from State and local agencies

Subject to applicable conflict of interest laws, the
Council may receive reimbursements from State and local
agencies and others pursuant to agreements executed in
furtherance of this division.

Sec. 304112. Effectiveness of Federal grant and assistance
programs

(a) Cooperative Agreements.--The Council may enter into a
cooperative agreement with any Federal agency that
administers a grant or assistance program for the purpose of
improving the effectiveness of the administration of the
program in meeting the purposes and policies of this
division. The cooperative agreement may include provisions
that modify the selection criteria for a grant or assistance
program to further the purposes of this division or that
allow the Council to participate in the selection of
recipients, if those provisions are not inconsistent with the
grant or assistance program's statutory authorization and
purpose.
(b) Review of Grant and Assistance Programs.--The Council
may--
(1) review the operation of any Federal grant or assistance
program to evaluate the effectiveness of the program in
meeting the purposes and policies of this division;
(2) make recommendations to the head of any Federal agency
that administers the program to further the consistency of
the program with the purposes and policies of this division
and to improve its effectiveness in carrying out those
purposes and policies; and
(3) make recommendations to the President and Congress
regarding the effectiveness of Federal grant and assistance
programs in meeting the purposes and policies of this
division, including recommendations with regard to
appropriate funding levels.
Subdivision 4--Other Organizations and Programs
Chapter 3051--Historic Light Station Preservation
Sec.
305101. Definitions.
305102. Duties of Secretary in providing a national historic light
station program.
305103. Selection of eligible entity and conveyance of historic light
stations.
305104. Terms of conveyance.

[[Page H2206]]

305105. Description of property.
305106. Historic light station sales.

Sec. 305101. Definitions

In this chapter:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) any department or agency of the Federal Government; or
(B) any department or agency of the State in which a
historic light station is located, the local government of
the community in which a historic light station is located, a
nonprofit corporation, an educational agency, or a community
development organization that--
(i) has agreed to comply with the conditions set forth in
section 305104 of this title and to have the conditions
recorded with the deed of title to the historic light
station; and
(ii) is financially able to maintain the historic light
station in accordance with the conditions set forth in
section 305104 of this title.
(3) Federal aid to navigation.--
(A) In general.--The term ``Federal aid to navigation''
means any device, operated and maintained by the United
States, external to a vessel or aircraft, intended to assist
a navigator to determine position or safe course, or to warn
of dangers or obstructions to navigation.
(B) Inclusions.--The term ``Federal aid to navigation''
includes a light, lens, lantern, antenna, sound signal,
camera, sensor, piece of electronic navigation equipment,
power source, or other piece of equipment associated with a
device described in subparagraph (A).
(4) Historic light station.--The term ``historic light
station'' includes the light tower, lighthouse, keeper's
dwelling, garages, storage sheds, oil house, fog signal
building, boat house, barn, pumphouse, tramhouse support
structures, piers, walkways, underlying and appurtenant land
and related real property and improvements associated with a
historic light station that is a historic property.

Sec. 305102. Duties of Secretary in providing a national
historic light station program

To provide a national historic light station program, the
Secretary shall--
(1) collect and disseminate information concerning historic
light stations;
(2) foster educational programs relating to the history,
practice, and contribution to society of historic light
stations;
(3) sponsor or conduct research and study into the history
of light stations;
(4) maintain a listing of historic light stations; and
(5) assess the effectiveness of the program established by
this chapter regarding the conveyance of historic light
stations.

Sec. 305103. Selection of eligible entity and conveyance of
historic light stations

(a) Process and Policies.--The Secretary and the
Administrator shall maintain a process and policies for
identifying, and selecting, an eligible entity to which a
historic light station could be conveyed for education, park,
recreation, cultural, or historic preservation purposes, and
to monitor the use of the light station by the eligible
entity.
(b) Application Review.--
(1) In general.--The Secretary shall--
(A) review all applications for the conveyance of a
historic light station, when the agency with administrative
jurisdiction over the historic light station has determined
the property to be excess property (as that term is defined
in section 102 of title 40); and
(B) forward to the Administrator a single approved
application for the conveyance of the historic light station.
(2) Consultation.--When selecting an eligible entity, the
Secretary shall consult with the State Historic Preservation
Officer of the State in which the historic light station is
located.
(c) Conveyance or Sale of Historic Light Stations.--
(1) Conveyance by administrator.--Except as provided in
paragraph (2), after the Secretary's selection of an eligible
entity, the Administrator shall convey, by quitclaim deed,
without consideration, all right, title, and interest of the
United States in and to a historic light station, subject to
the conditions set forth in section 305104 of this title. The
conveyance of a historic light station under this chapter
shall not be subject to the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11301 et seq.) or section 416(d) of
the Coast Guard Authorization Act of 1998 (Public Law 105-
383, 14 U.S.C. 93 note).
(2) Historic light station located within a system unit or
a refuge within national wildlife refuge system.--
(A) Approval of secretary required.--A historic light
station located within the exterior boundaries of a System
unit or a refuge within the National Wildlife Refuge System
shall be conveyed or sold only with the approval of the
Secretary.
(B) Conditions of conveyance.--If the Secretary approves
the conveyance of a historic light station described in
subparagraph (A), the conveyance shall be subject to the
conditions set forth in section 305104 of this title and any
other terms or conditions that the Secretary considers
necessary to protect the resources of the System unit or
wildlife refuge.
(C) Conditions of sale.--If the Secretary approves the sale
of a historic light station described in subparagraph (A),
the sale shall be subject to the conditions set forth in
paragraphs (1) to (4) and (8) of subsection (a), and
subsection (b), of section 305104 of this title and any other
terms or conditions that the Secretary considers necessary to
protect the resources of the System unit or wildlife refuge.
(D) Cooperative agreements.--The Secretary is encouraged to
enter into cooperative agreements with appropriate eligible
entities with respect to historic light stations described in
subparagraph (A), as provided in this division, to the extent
that the cooperative agreements are consistent with the
Secretary's responsibilities to manage and administer the
System unit or wildlife refuge.

Sec. 305104. Terms of conveyance

(a) In General.--The conveyance of a historic light station
shall be made subject to any conditions, including the
reservation of easements and other rights on behalf of the
United States, that the Administrator considers necessary to
ensure that--
(1) the Federal aids to navigation located at the historic
light station in operation on the date of conveyance remain
the personal property of the United States and continue to be
operated and maintained by the United States for as long as
needed for navigational purposes;
(2) there is reserved to the United States the right to
remove, replace, or install any Federal aid to navigation
located at the historic light station as may be necessary for
navigational purposes;
(3) the eligible entity to which the historic light station
is conveyed shall not interfere or allow interference in any
manner with any Federal aid to navigation or hinder
activities required for the operation and maintenance of any
Federal aid to navigation without the express written
permission of the head of the agency responsible for
maintaining the Federal aid to navigation;
(4)(A) the eligible entity to which the historic light
station is conveyed shall, at its own cost and expense, use
and maintain the historic light station in accordance with
this division, the Secretary of the Interior's Standards for
the Treatment of Historic Properties contained in part 68 of
title 36, Code of Federal Regulations, and other applicable
laws; and
(B) any proposed changes to the historic light station
shall be reviewed and approved by the Secretary in
consultation with the State Historic Preservation Officer of
the State in which the historic light station is located, for
consistency with section 800.5(a)(2)(vii) of title 36, Code
of Federal Regulations and the Secretary's Standards for
Rehabilitation contained in section 67.7 of title 36, Code of
Federal Regulations;
(5) the eligible entity to which the historic light station
is conveyed shall make the historic light station available
for education, park, recreation, cultural, or historic
preservation purposes for the general public at reasonable
times and under reasonable conditions;
(6) the eligible entity to which the historic light station
is conveyed shall not sell, convey, assign, exchange, or
encumber the historic light station, any part of the historic
light station, or any associated historic artifact conveyed
to the eligible entity in conjunction with the historic light
station conveyance, including any lens or lantern, unless the
sale, conveyance, assignment, exchange, or encumbrance is
approved by the Secretary;
(7) the eligible entity to which the historic light station
is conveyed shall not conduct any commercial activity at the
historic light station, at any part of the historic light
station, or in connection with any associated historic
artifact conveyed to the eligible entity in conjunction with
the historic light station conveyance, in any manner, unless
the commercial activity is approved by the Secretary; and
(8) the United States shall have the right, at any time, to
enter the historic light station without notice, for purposes
of operating, maintaining, and inspecting any aid to
navigation and for the purpose of ensuring compliance with
this section, to the extent that it is not possible to
provide advance notice.
(b) Maintenance of Aid to Navigation.--Any eligible entity
to which a historic light station is conveyed shall not be
required to maintain any Federal aid to navigation associated
with a historic light station, except any private aid to
navigation permitted to the eligible entity under section 83
of title 14.
(c) Reversion.--In addition to any term or condition
established pursuant to this section, the conveyance of a
historic light station shall include a condition that the
historic light station, or any associated historic artifact
conveyed to the eligible entity in conjunction with the
historic light station conveyance, including any lens or
lantern, at the option of the Administrator, shall revert to
the United States and be placed under the administrative
control of the Administrator, if--
(1) the historic light station, any part of the historic
light station, or any associated historic artifact ceases to
be available for education, park, recreation, cultural, or
historic preservation purposes for the general public at
reasonable times and under reasonable conditions that shall
be set forth in the eligible entity's application;
(2) the historic light station or any part of the historic
light station ceases to be maintained in a manner that
ensures its present

[[Page H2207]]

or future use as a site for a Federal aid to navigation;
(3) the historic light station, any part of the historic
light station, or any associated historic artifact ceases to
be maintained in compliance with this division, the Secretary
of the Interior's Standards for the Treatment of Historic
Properties contained in part 68 of title 36, Code of Federal
Regulations, and other applicable laws;
(4) the eligible entity to which the historic light station
is conveyed sells, conveys, assigns, exchanges, or encumbers
the historic light station, any part of the historic light
fixture, or any associated historic artifact, without
approval of the Secretary;
(5) the eligible entity to which the historic light station
is conveyed conducts any commercial activity at the historic
light station, at any part of the historic light station, or
in conjunction with any associated historic artifact, without
approval of the Secretary; or
(6) at least 30 days before the reversion, the
Administrator provides written notice to the owner that the
historic light station or any part of the historic light
station is needed for national security purposes.
(d) Light Stations Originally Conveyed Under Other
Authority.--On receiving notice of an executed or intended
conveyance by an owner that received from the Federal
Government under authority other than this division a
historic light station in which the United States retains a
reversionary or other interest and that is conveying it to
another person by sale, gift, or any other manner, the
Secretary shall review the terms of the executed or proposed
conveyance to ensure that any new owner is capable of or is
complying with any and all conditions of the original
conveyance. The Secretary may require the parties to the
conveyance and relevant Federal agencies to provide
information as is necessary to complete the review. If the
Secretary determines that the new owner has not complied or
is unable to comply with those conditions, the Secretary
shall immediately advise the Administrator, who shall invoke
any reversionary interest or take other action as may be
necessary to protect the interests of the United States.

Sec. 305105. Description of property

(a) In General.--The Administrator shall prepare the legal
description of any historic light station conveyed under this
chapter. The Administrator, in consultation with the
Secretary of Homeland Security and the Secretary, may retain
all right, title, and interest of the United States in and to
any historical artifact, including any lens or lantern, that
is associated with the historic light station and located at
the historic light station at the time of conveyance.
Wherever possible, the historical artifacts should be used in
interpreting the historic light station. In cases where there
is no method for preserving lenses and other artifacts and
equipment in situ, priority should be given to preservation
or museum entities most closely associated with the historic
light station, if they meet loan requirements.
(b) Artifacts.--Artifacts associated with, but not located
at, a historic light station at the time of conveyance shall
remain the property of the United States under the
administrative control of the Secretary of Homeland Security.
(c) Covenants.--All conditions placed with the quitclaim
deed of title to the historic light station shall be
construed as covenants running with the land.
(d) Submerged Land.--No submerged land shall be conveyed
under this chapter.

Sec. 305106. Historic light station sales

(a) In General.--
(1) When sale may occur.--If no applicant is approved for
the conveyance of a historic light station pursuant to
sections 305101 through 305105 of this title, the historic
light station shall be offered for sale.
(2) Terms of sale.--Terms of the sales--
(A) shall be developed by the Administrator; and
(B) shall be consistent with the requirements of paragraphs
(1) to (4) and (8) of subsection (a), and subsection (b), of
section 305104 of this title.
(3) Covenants to be included in conveyance documents.--
Conveyance documents shall include all necessary covenants to
protect the historical integrity of the historic light
station and ensure that any Federal aid to navigation located
at the historic light station is operated and maintained by
the United States for as long as needed for that purpose.
(b) Net Sale Proceeds.--
(1) Disposition and use of funds.--Net sale proceeds from
the disposal of a historic light station--
(A) located on public domain land shall be transferred to
the National Maritime Heritage Grants Program established
under chapter 3087 in the Department of the Interior; and
(B) under the administrative control of the Secretary of
Homeland Security--
(i) shall be credited to the Coast Guard's Operating
Expenses appropriation account; and
(ii) shall be available for obligation and expenditure for
the maintenance of light stations remaining under the
administrative control of the Secretary of Homeland Security.
(2) Availability of funds.--The funds referred to in
paragraph (1)(B) shall remain available until expended and
shall be available in addition to funds available in the
Coast Guard's Operating Expense appropriation for that
purpose.
Chapter 3053--National Center for Preservation Technology and Training
Sec.
305301. Definitions.
305302. National Center for Preservation Technology and Training.
305303. Preservation Technology and Training Board.
305304. Preservation grants.
305305. General provisions.
305306. Service preservation centers and offices.

Sec. 305301. Definitions

In this chapter:
(1) Board.--The term ``Board'' means the Preservation
Technology and Training Board established pursuant to section
305303 of this title.
(2) Center.--The term ``Center'' means the National Center
for Preservation Technology and Training established pursuant
to section 305302 of this title.

Sec. 305302. National Center for Preservation Technology and
Training

(a) Establishment.--There is established within the
Department of the Interior a National Center for Preservation
Technology and Training. The Center shall be located at
Northwestern State University of Louisiana in Natchitoches,
Louisiana.
(b) Purposes.--The purposes of the Center shall be to--
(1) develop and distribute preservation and conservation
skills and technologies for the identification, evaluation,
conservation, and interpretation of historic property;
(2) develop and facilitate training for Federal, State, and
local resource preservation professionals, cultural resource
managers, maintenance personnel, and others working in the
preservation field;
(3) take steps to apply preservation technology benefits
from ongoing research by other agencies and institutions;
(4) facilitate the transfer of preservation technology
among Federal agencies, State and local governments,
universities, international organizations, and the private
sector; and
(5) cooperate with related international organizations
including the International Council on Monuments and Sites,
the International Center for the Study of Preservation and
Restoration of Cultural Property, and the International
Council on Museums.
(c) Programs.--The purposes shall be carried out through
research, professional training, technical assistance, and
programs for public awareness, and through a program of
grants established under section 305304 of this title.
(d) Executive Director.--The Center shall be headed by an
Executive Director with demonstrated expertise in historic
preservation appointed by the Secretary with advice of the
Board.
(e) Assistance From Secretary.--The Secretary shall provide
the Center assistance in obtaining such personnel, equipment,
and facilities as may be needed by the Center to carry out
its activities.

Sec. 305303. Preservation Technology and Training Board

(a) Establishment.--There is established a Preservation
Technology and Training Board.
(b) Duties.--The Board shall--
(1) provide leadership, policy advice, and professional
oversight to the Center;
(2) advise the Secretary on priorities and the allocation
of grants among the activities of the Center; and
(3) submit an annual report to the President and Congress.
(c) Membership.--The Board shall be comprised of--
(1) the Secretary;
(2) 6 members appointed by the Secretary, who shall
represent appropriate Federal, State, and local agencies,
State and local historic preservation commissions, and other
public and international organizations; and
(3) 6 members appointed by the Secretary on the basis of
outstanding professional qualifications, who represent major
organizations in the fields of archeology, architecture,
conservation, curation, engineering, history, historic
preservation, landscape architecture, planning, or
preservation education.

Sec. 305304. Preservation grants

(a) In General.--The Secretary, in consultation with the
Board, shall provide preservation technology and training
grants to eligible applicants with a demonstrated
institutional capability and commitment to the purposes of
the Center, in order to ensure an effective and efficient
system of research, information distribution, and skills
training in all the related historic preservation fields.
(b) Grant Requirements.--
(1) Allocation.--Grants provided under this section shall
be allocated in such a fashion as to reflect the diversity of
the historic preservation fields and shall be geographically
distributed.
(2) Limit on amount a recipient may receive.--No grant
recipient may receive more than 10 percent of the grants
allocated under this section within any year.
(3) Limit on administrative costs.--The total
administrative costs, direct and indirect, charged for
carrying out grants under this section may not exceed 25
percent of the aggregate costs.
(c) Eligible Applicants.--Eligible applicants may include--
(1) Federal and non-Federal laboratories;
(2) accredited museums;
(3) universities;
(4) nonprofit organizations;

[[Page H2208]]

(5) System units and offices and Cooperative Park Study
Units of the System;
(6) State Historic Preservation Offices;
(7) tribal preservation offices; and
(8) Native Hawaiian organizations.
(d) Standards and Methods.--Grants shall be awarded in
accordance with accepted professional standards and methods,
including peer review of projects.

Sec. 305305. General provisions

(a) Acceptance of Grants and Transfers.--The Center may
accept--
(1) grants and donations from private individuals, groups,
organizations, corporations, foundations, and other entities;
and
(2) transfers of funds from other Federal agencies.
(b) Contracts and Cooperative Agreements.--Subject to
appropriations, the Center may enter into contracts and
cooperative agreements with Federal, State, local, and tribal
governments, Native Hawaiian organizations, educational
institutions, and other public entities to carry out the
Center's responsibilities under this chapter.
(c) Additional Funds.--Funds appropriated for the Center
shall be in addition to funds appropriated for Service
programs, centers, and offices in existence on October 30,
1992.

Sec. 305306. Service preservation centers and offices

To improve the use of existing Service resources, the
Secretary shall fully utilize and further develop the Service
preservation (including conservation) centers and regional
offices. The Secretary shall improve the coordination of the
centers and offices within the Service, and shall, where
appropriate, coordinate their activities with the Center and
with other appropriate parties.
Chapter 3055--National Building Museum
Sec.
305501. Definitions.
305502. Cooperative agreement to operate museum.
305503. Activities and functions.
305504. Matching grants to Committee.
305505. Annual report.

Sec. 305501. Definitions

In this chapter:
(1) Building arts.--The term ``building arts'' includes all
practical and scholarly aspects of prehistoric, historic, and
contemporary architecture, archeology, construction, building
technology and skills, landscape architecture, preservation
and conservation, building and construction, engineering,
urban and community design and renewal, city and regional
planning, and related professions, skills, trades, and
crafts.
(2) Committee.--The term ``Committee'' means the Committee
for a National Museum of the Building Arts, Incorporated, a
nonprofit corporation organized and existing under the laws
of the District of Columbia, or its successor.

Sec. 305502. Cooperative agreement to operate museum

To provide a national center to commemorate and encourage
the building arts and to preserve and maintain a nationally
significant building that exemplifies the great achievements
of the building arts in the United States, the Secretary and
the Administrator of General Services shall enter into a
cooperative agreement with the Committee for the operation of
a National Building Museum in the Federal building located in
the block bounded by Fourth Street, Fifth Street, F Street,
and G Street, Northwest in Washington, District of Columbia.
The cooperative agreement shall include provisions that--
(1) make the site available to the Committee without
charge;
(2) provide, subject to available appropriations, such
maintenance, security, information, janitorial, and other
services as may be necessary to ensure the preservation and
operation of the site; and
(3) prescribe reasonable terms and conditions by which the
Committee can fulfill its responsibilities under this
division.

Sec. 305503. Activities and functions

The National Building Museum shall--
(1) collect and disseminate information concerning the
building arts, including the establishment of a national
reference center for current and historic documents,
publications, and research relating to the building arts;
(2) foster educational programs relating to the history,
practice, and contribution to society of the building arts,
including promotion of imaginative educational approaches to
enhance understanding and appreciation of all facets of the
building arts;
(3) publicly display temporary and permanent exhibits
illustrating, interpreting and demonstrating the building
arts;
(4) sponsor or conduct research and study into the history
of the building arts and their role in shaping our
civilization; and
(5) encourage contributions to the building arts.

Sec. 305504. Matching grants to Committee

The Secretary shall provide matching grants to the
Committee for its programs related to historic preservation.
The Committee shall match the grants in such a manner and
with such funds and services as shall be satisfactory to the
Secretary, except that not more than $500,000 may be provided
to the Committee in any one fiscal year.

Sec. 305505. Annual report

The Committee shall submit an annual report to the
Secretary and the Administrator of General Services
concerning its activities under this chapter and shall
provide the Secretary and the Administrator of General
Services with such other information as the Secretary may
consider necessary or advisable.
Subdivision 5--Federal Agency Historic Preservation Responsibilities
Chapter 3061--Program Responsibilities and Authorities
Subchapter I--In General
Sec.
306101. Assumption of responsibility for preservation of historic
property.
306102. Preservation program.
306103. Recordation of historic property prior to alteration or
demolition.
306104. Agency Preservation Officer.
306105. Agency programs and projects.
306106. Review of plans of transferees of surplus federally owned
historic property.
306107. Planning and actions to minimize harm to National Historic
Landmarks.
306108. Effect of undertaking on historic property.
306109. Costs of preservation as eligible project costs.
306110. Annual preservation awards program.
306111. Environmental impact statement.
306112. Waiver of provisions in event of natural disaster or imminent
threat to national security.
306113. Anticipatory demolition.
306114. Documentation of decisions respecting undertakings.
Subchapter II--Lease, Exchange, or Management of Historic Property
306121. Lease or exchange.
306122. Contracts for management of historic property.
Subchapter III--Protection and Preservation of Resources
306131. Standards and guidelines.
Subchapter I--In General

Sec. 306101. Assumption of responsibility for preservation of
historic property

(a) In General.--
(1) Agency head responsibility.--The head of each Federal
agency shall assume responsibility for the preservation of
historic property that is owned or controlled by the agency.
(2) Use of available historic property.--Prior to
acquiring, constructing, or leasing a building for purposes
of carrying out agency responsibilities, a Federal agency
shall use, to the maximum extent feasible, historic property
available to the agency, in accordance with Executive Order
No. 13006 (40 U.S.C. 3306 note).
(3) Necessary preservation.--Each Federal agency shall
undertake, consistent with the preservation of historic
property, the mission of the agency, and the professional
standards established pursuant to subsection (c), any
preservation as may be necessary to carry out this chapter.
(b) Guidelines for Federal Agency Responsibility for
Agency-Owned Historic Property.--In consultation with the
Council, the Secretary shall promulgate guidelines for
Federal agency responsibilities under this subchapter (except
section 306108).
(c) Professional Standards for Preservation of Federally
Owned or Controlled Historic Property.--The Secretary shall
establish, in consultation with the Secretary of Agriculture,
the Secretary of Defense, the Smithsonian Institution, and
the Administrator of General Services, professional standards
for the preservation of historic property in Federal
ownership or control.

Sec. 306102. Preservation program

(a) Establishment.--Each Federal agency shall establish
(except for programs or undertakings exempted pursuant to
section 304108(c) of this title), in consultation with the
Secretary, a preservation program for the identification,
evaluation, and nomination to the National Register, and
protection, of historic property.
(b) Requirements.--The program shall ensure that--
(1) historic property under the jurisdiction or control of
the agency is identified, evaluated, and nominated to the
National Register;
(2) historic property under the jurisdiction or control of
the agency is managed and maintained in a way that considers
the preservation of their historic, archeological,
architectural, and cultural values in compliance with section
306108 of this title and gives special consideration to the
preservation of those values in the case of property
designated as having national significance;
(3) the preservation of property not under the jurisdiction
or control of the agency but potentially affected by agency
actions is given full consideration in planning;
(4) the agency's preservation-related activities are
carried out in consultation with other Federal, State, and
local agencies, Indian tribes, Native Hawaiian organizations
carrying out historic preservation planning activities, and
the private sector; and
(5) the agency's procedures for compliance with section
306108 of this title--
(A) are consistent with regulations promulgated by the
Council pursuant to section 304108(a) and (b) of this title;
(B) provide a process for the identification and evaluation
of historic property for listing on the National Register and
the development and implementation of agreements,

[[Page H2209]]

in consultation with State Historic Preservation Officers,
local governments, Indian tribes, Native Hawaiian
organizations, and the interested public, as appropriate,
regarding the means by which adverse effects on historic
property will be considered; and
(C) provide for the disposition of Native American cultural
items from Federal or tribal land in a manner consistent with
section 3(c) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3002(c)).

Sec. 306103. Recordation of historic property prior to
alteration or demolition

Each Federal agency shall initiate measures to ensure that
where, as a result of Federal action or assistance carried
out by the agency, a historic property is to be substantially
altered or demolished--
(1) timely steps are taken to make or have made appropriate
records; and
(2) the records are deposited, in accordance with section
302107 of this title, in the Library of Congress or with such
other appropriate agency as the Secretary may designate, for
future use and reference.

Sec. 306104. Agency Preservation Officer

The head of each Federal agency (except an agency that is
exempted under section 304108(c) of this title) shall
designate a qualified official as the agency's Preservation
Officer who shall be responsible for coordinating the
agency's activities under this division. Each Preservation
Officer may, to be considered qualified, satisfactorily
complete an appropriate training program established by the
Secretary under section 306101(c) of this title.

Sec. 306105. Agency programs and projects

Consistent with the agency's missions and mandates, each
Federal agency shall carry out agency programs and projects
(including those under which any Federal assistance is
provided or any Federal license, permit, or other approval is
required) in accordance with the purposes of this division
and give consideration to programs and projects that will
further the purposes of this division.

Sec. 306106. Review of plans of transferees of surplus
federally owned historic property

The Secretary shall review and approve the plans of
transferees of surplus federally owned historic property not
later than 90 days after receipt of the plans to ensure that
the prehistorical, historical, architectural, or culturally
significant values will be preserved or enhanced.

Sec. 306107. Planning and actions to minimize harm to
National Historic Landmarks

Prior to the approval of any Federal undertaking that may
directly and adversely affect any National Historic Landmark,
the head of the responsible Federal agency shall to the
maximum extent possible undertake such planning and actions
as may be necessary to minimize harm to the landmark. The
head of the Federal agency shall afford the Council a
reasonable opportunity to comment with regard to the
undertaking.

Sec. 306108. Effect of undertaking on historic property

The head of any Federal agency having direct or indirect
jurisdiction over a proposed Federal or federally assisted
undertaking in any State and the head of any Federal
department or independent agency having authority to license
any undertaking, prior to the approval of the expenditure of
any Federal funds on the undertaking or prior to the issuance
of any license, shall take into account the effect of the
undertaking on any historic property. The head of the Federal
agency shall afford the Council a reasonable opportunity to
comment with regard to the undertaking.

Sec. 306109. Costs of preservation as eligible project costs

A Federal agency may include the costs of preservation
activities of the agency under this division as eligible
project costs in all undertakings of the agency or assisted
by the agency. The eligible project costs may include amounts
paid by a Federal agency to a State to be used in carrying
out the preservation responsibilities of the Federal agency
under this division, and reasonable costs may be charged to
Federal licensees and permittees as a condition to the
issuance of the license or permit.

Sec. 306110. Annual preservation awards program

The Secretary shall establish an annual preservation awards
program under which the Secretary may make monetary awards in
amounts of not to exceed $1,000 and provide citations for
special achievement to officers and employees of Federal,
State, and certified local governments in recognition of
their outstanding contributions to the preservation of
historic property. The program may include the issuance of
annual awards by the President to any citizen of the United
States recommended for the award by the Secretary.

Sec. 306111. Environmental impact statement

Nothing in this division shall be construed to--
(1) require the preparation of an environmental impact
statement where the statement would not otherwise be required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(2) provide any exemption from any requirement respecting
the preparation of an environmental impact statement under
that Act.

Sec. 306112. Waiver of provisions in event of natural
disaster or imminent threat to national security

The Secretary shall promulgate regulations under which the
requirements of this subchapter (except section 306108) may
be waived in whole or in part in the event of a major natural
disaster or an imminent threat to national security.

Sec. 306113. Anticipatory demolition

Each Federal agency shall ensure that the agency will not
grant a loan, loan guarantee, permit, license, or other
assistance to an applicant that, with intent to avoid the
requirements of section 306108 of this title, has
intentionally significantly adversely affected a historic
property to which the grant would relate, or having legal
power to prevent it, has allowed the significant adverse
effect to occur, unless the agency, after consultation with
the Council, determines that circumstances justify granting
the assistance despite the adverse effect created or
permitted by the applicant.

Sec. 306114. Documentation of decisions respecting
undertakings

With respect to any undertaking subject to section 306108
of this title that adversely affects any historic property
for which a Federal agency has not entered into an agreement
pursuant to regulations issued by the Council, the head of
the agency shall document any decision made pursuant to
section 306108 of this title. The head of the agency may not
delegate the responsibility to document a decision pursuant
to this section. Where an agreement pursuant to regulations
issued by the Council has been executed with respect to an
undertaking, the agreement shall govern the undertaking and
all of its parts.
Subchapter II--Lease, Exchange, or Management of Historic Property

Sec. 306121. Lease or exchange

(a) Authority To Lease or Exchange.--Notwithstanding any
other provision of law, each Federal agency, after
consultation with the Council--
(1) shall, to the extent practicable, establish and
implement alternatives (including adaptive use) for historic
property that is not needed for current or projected agency
purposes; and
(2) may lease historic property owned by the agency to any
person or organization, or exchange any property owned by the
agency with comparable historic property, if the agency head
determines that the lease or exchange will adequately ensure
the preservation of the historic property.
(b) Proceeds of Lease.--Notwithstanding any other provision
of law, the proceeds of a lease under subsection (a) may be
retained by the agency entering into the lease and used to
defray the costs of administration, maintenance, repair, and
related expenses incurred by the agency with respect to that
property or other property that is on the National Register
that is owned by, or are under the jurisdiction or control
of, the agency. Any surplus proceeds from the leases shall be
deposited in the Treasury at the end of the 2d fiscal year
following the fiscal year in which the proceeds are received.

Sec. 306122. Contracts for management of historic property

The head of any Federal agency having responsibility for
the management of any historic property may, after
consultation with the Council, enter into a contract for the
management of the property. The contract shall contain terms
and conditions that the head of the agency considers
necessary or appropriate to protect the interests of the
United States and ensure adequate preservation of the
historic property.
Subchapter III--Protection and Preservation of Resources

Sec. 306131. Standards and guidelines

(a) Standards.--
(1) In general.--Each Federal agency that is responsible
for the protection of historic property (including
archeological property) pursuant to this division or any
other law shall ensure that--
(A) all actions taken by employees or contractors of the
agency meet professional standards under regulations
developed by the Secretary in consultation with the Council,
other affected agencies, and the appropriate professional
societies of archeology, architecture, conservation, history,
landscape architecture, and planning;
(B) agency personnel or contractors responsible for
historic property meet qualification standards established by
the Office of Personnel Management in consultation with the
Secretary and appropriate professional societies of
archeology, architecture, conservation, curation, history,
landscape architecture, and planning; and
(C) records and other data, including data produced by
historical research and archeological surveys and
excavations, are permanently maintained in appropriate
databases and made available to potential users pursuant to
such regulations as the Secretary shall promulgate.
(2) Considerations.--The standards referred to in paragraph
(1)(B) shall consider the particular skills and expertise
needed for the preservation of historic property and shall be
equivalent requirements for the disciplines involved.
(3) Revision.--The Office of Management and Budget shall
revise qualification standards for the disciplines involved.

[[Page H2210]]

(b) Guidelines.--To promote the preservation of historic
property eligible for listing on the National Register, the
Secretary shall, in consultation with the Council, promulgate
guidelines to ensure that Federal, State, and tribal historic
preservation programs subject to this division include plans
to--
(1) provide information to the owners of historic property
(including architectural, curatorial, and archeological
property) with demonstrated or likely research significance,
about the need for protection of the historic property, and
the available means of protection;
(2) encourage owners to preserve historic property intact
and in place and offer the owners of historic property
information on the tax and grant assistance available for the
donation of the historic property or of a preservation
easement of the historic property;
(3) encourage the protection of Native American cultural
items (within the meaning of section 2 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001)) and
of property of religious or cultural importance to Indian
tribes, Native Hawaiian organizations, or other Native
American groups; and
(4) encourage owners that are undertaking archeological
excavations to--
(A) conduct excavations and analyses that meet standards
for federally-sponsored excavations established by the
Secretary;
(B) donate or lend artifacts of research significance to an
appropriate research institution;
(C) allow access to artifacts for research purposes; and
(D) prior to excavating or disposing of a Native American
cultural item in which an Indian tribe or Native Hawaiian
organization may have an interest under subparagraph (B) or
(C) of section 3(a)(2) of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3002(a)(2)(B),
(C)), give notice to and consult with the Indian tribe or
Native Hawaiian organization.
Subdivision 6--Miscellaneous
Chapter 3071--Miscellaneous
Sec.
307101. World Heritage Convention.
307102. Effective date of regulations.
307103. Access to information.
307104. Inapplicability of division to White House, Supreme Court
building, or United States Capitol.
307105. Attorney's fees and costs to prevailing parties in civil
actions.
307106. Authorization for expenditure of appropriated funds.
307107. Donations and bequests of money, personal property, and less
than fee interests in historic property.
307108. Privately donated funds.

Sec. 307101. World Heritage Convention

(a) Authority of Secretary.--In carrying out this section,
the Secretary of the Interior may act directly or through an
appropriate officer in the Department of the Interior.
(b) Participation by United States.--The Secretary shall
direct and coordinate participation by the United States in
the World Heritage Convention in cooperation with the
Secretary of State, the Smithsonian Institution, and the
Council. Whenever possible, expenditures incurred in carrying
out activities in cooperation with other nations and
international organizations shall be paid for in such excess
currency of the country or area where the expense is incurred
as may be available to the United States.
(c) Nomination of Property to World Heritage Committee.--
The Secretary shall periodically nominate property that the
Secretary determines is of international significance to the
World Heritage Committee on behalf of the United States. No
property may be nominated unless it has previously been
determined to be of national significance. Each nomination
shall include evidence of such legal protections as may be
necessary to ensure preservation of the property and its
environment (including restrictive covenants, easements, or
other forms of protection). Before making any nomination, the
Secretary shall notify the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(d) Nomination of Non-Federal Property to World Heritage
Committee Requires Written Concurrence of Owner.--No non-
Federal property may be nominated by the Secretary to the
World Heritage Committee for inclusion on the World Heritage
List unless the owner of the property concurs in the
nomination in writing.
(e) Consideration of Undertaking on Property.--Prior to the
approval of any undertaking outside the United States that
may directly and adversely affect a property that is on the
World Heritage List or on the applicable country's equivalent
of the National Register, the head of a Federal agency having
direct or indirect jurisdiction over the undertaking shall
take into account the effect of the undertaking on the
property for purposes of avoiding or mitigating any adverse
effect.

Sec. 307102. Effective date of regulations

(a) Publication in Federal Register.--No final regulation
of the Secretary shall become effective prior to the
expiration of 30 calendar days after it is published in the
Federal Register during which either or both Houses of
Congress are in session.
(b) Disapproval of Regulation by Resolution of Congress.--
The regulation shall not become effective if, within 90
calendar days of continuous session of Congress after the
date of promulgation, both Houses of Congress adopt a
concurrent resolution, the matter after the resolving clause
of which is as follows: ``That Congress disapproves the
regulation promulgated by the Secretary dealing with the
matter of , which regulation was transmitted to
Congress on , '' the blank spaces in the resolution
being appropriately filled.
(c) Failure of Congress To Adopt Resolution of Disapproval
of Regulation.--If at the end of 60 calendar days of
continuous session of Congress after the date of promulgation
of a regulation, no committee of either House of Congress has
reported or been discharged from further consideration of a
concurrent resolution disapproving the regulation, and
neither House has adopted such a resolution, the regulation
may go into effect immediately. If, within the 60 calendar
days, a committee has reported or been discharged from
further consideration of such a resolution, the regulation
may go into effect not sooner than 90 calendar days of
continuous session of Congress after its promulgation unless
disapproved as provided for.
(d) Sessions of Congress.--For purposes of this section--
(1) continuity of session is broken only by an adjournment
sine die; and
(2) the days on which either House is not in session
because of an adjournment of more than 3 days to a day
certain are excluded in the computation of 60 and 90 calendar
days of continuous session of Congress.
(e) Congressional Inaction or Rejection of Resolution of
Disapproval Not Deemed Approval of Regulation.--Congressional
inaction on or rejection of a resolution of disapproval shall
not be deemed an expression of approval of the regulation.

Sec. 307103. Access to information

(a) Authority To Withhold From Disclosure.--The head of a
Federal agency, or other public official receiving grant
assistance pursuant to this division, after consultation with
the Secretary, shall withhold from disclosure to the public
information about the location, character, or ownership of a
historic property if the Secretary and the agency determine
that disclosure may--
(1) cause a significant invasion of privacy;
(2) risk harm to the historic property; or
(3) impede the use of a traditional religious site by
practitioners.
(b) Access Determination.--When the head of a Federal
agency or other public official determines that information
should be withheld from the public pursuant to subsection
(a), the Secretary, in consultation with the Federal agency
head or official, shall determine who may have access to the
information for the purpose of carrying out this division.
(c) Consultation With Council.--When information described
in subsection (a) has been developed in the course of an
agency's compliance with section 306107 or 306108 of this
title, the Secretary shall consult with the Council in
reaching determinations under subsections (a) and (b).

Sec. 307104. Inapplicability of division to White House,
Supreme Court building, or United States Capitol

Nothing in this division applies to the White House and its
grounds, the Supreme Court building and its grounds, or the
United States Capitol and its related buildings and grounds.

Sec. 307105. Attorney's fees and costs to prevailing parties
in civil actions

In any civil action brought in any United States district
court by any interested person to enforce this division, if
the person substantially prevails in the action, the court
may award attorney's fees, expert witness fees, and other
costs of participating in the civil action, as the court
considers reasonable.

Sec. 307106. Authorization for expenditure of appropriated
funds

Where appropriate, each Federal agency may expend funds
appropriated for its authorized programs for the purposes of
activities carried out pursuant to this division, except to
the extent that appropriations legislation expressly provides
otherwise.

Sec. 307107. Donations and bequests of money, personal
property, and less than fee interests in historic property

(a) Money and Personal Property.--The Secretary may accept
donations and bequests of money and personal property for the
purposes of this division and shall hold, use, expend, and
administer the money and personal property for those
purposes.
(b) Less Than Fee Interest in Historic Property.--The
Secretary may accept gifts or donations of less than fee
interests in any historic property where the acceptance of an
interest will facilitate the conservation or preservation of
the historic property. Nothing in this section or in any
provision of this division shall be construed to affect or
impair any other authority of the Secretary under other
provision of law to accept or acquire any property for
conservation or preservation or for any other purpose.

Sec. 307108. Privately donated funds

(a) Projects for Which Funds May Be Used.--In furtherance
of the purposes of this division, the Secretary may accept
the donation of funds that may be expended by the Secretary
for projects to acquire, restore, preserve, or recover data
from any property included on the National Register, as long
as

[[Page H2211]]

the project is owned by a State, any unit of local
government, or any nonprofit entity.
(b) Consideration of Factors Respecting Expenditure of
Funds.--
(1) In general.--In expending the funds, the Secretary
shall give due consideration to--
(A) the national significance of the project;
(B) its historical value to the community;
(C) the imminence of its destruction or loss; and
(D) the expressed intentions of the donor.
(2) Funds available without regard to matching
requirements.--Funds expended under this subsection shall be
made available without regard to the matching requirements
established by sections 302901 and 302902(b) of this title,
but the recipient of the funds shall be permitted to utilize
them to match any grants from the Historic Preservation Fund.
(c) Transfer of Unobligated Funds.--The Secretary may
transfer unobligated funds previously donated to the
Secretary for the purposes of the Service, with the consent
of the donor, and any funds so transferred shall be used or
expended in accordance with this division.
Division B--Organizations and Programs
Subdivision 1--Administered by National Park Service
Chapter 3081--American Battlefield Protection Program
Sec.
308101. Definition.
308102. Preservation assistance.
308103. Battlefield acquisition grant program.

Sec. 308101. Definition

In this chapter, the term ``Secretary'' means the
Secretary, acting through the American Battlefield Protection
Program.

Sec. 308102. Preservation assistance

(a) In General.--Using the established national historic
preservation program to the extent practicable, the Secretary
shall encourage, support, assist, recognize, and work in
partnership with citizens, Federal, State, local, and tribal
governments, other public entities, educational institutions,
and private nonprofit organizations in identifying,
researching, evaluating, interpreting, and protecting
historic battlefields and associated sites on a national,
State, and local level.
(b) Financial Assistance.--To carry out subsection (a), the
Secretary may use a cooperative agreement, grant, contract,
or other generally adopted means of providing financial
assistance.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000 for
each fiscal year, to remain available until expended.

Sec. 308103. Battlefield acquisition grant program

(a) Definition.--In this section, the term ``eligible
site'' means a site--
(1) that is not within the exterior boundaries of a System
unit; and
(2) that is identified in the document entitled ``Report on
the Nation's Civil War Battlefields'', prepared by the Civil
War Sites Advisory Commission, and dated July 1993.
(b) Establishment.--The Secretary shall establish a
battlefield acquisition grant program under which the
Secretary may provide grants to State and local governments
to pay the Federal share of the cost of acquiring interests
in eligible sites for the preservation and protection of
those eligible sites.
(c) Nonprofit Partners.--A State or local government may
acquire an interest in an eligible site using a grant under
this section in partnership with a nonprofit organization.
(d) Non-Federal Share.--The non-Federal share of the total
cost of acquiring an interest in an eligible site under this
section shall be not less than 50 percent.
(e) Limitation on Land Use.--An interest in an eligible
site acquired under this section shall be subject to section
200305(f)(3) of this title.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to provide grants under
this section $10,000,000 for each of fiscal years 2012 and
2013.
Chapter 3083--National Underground Railroad Network to Freedom
Sec.
308301. Definition.
308302. Program.
308303. Preservation and interpretation of Underground Railroad
history, historic sites, and structures.
308304. Authorization of appropriations.

Sec. 308301. Definition

In this chapter, the term ``national network'' means the
National Underground Railroad Network to Freedom established
under section 308302 of this title.

Sec. 308302. Program

(a) Establishment; Responsibilities of Secretary.--The
Secretary shall establish in the Service the National
Underground Railroad Network to Freedom. Under the national
network, the Secretary shall--
(1) produce and disseminate appropriate educational
materials, such as handbooks, maps, interpretive guides, or
electronic information;
(2) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance
under subsection (c); and
(3) create and adopt an official, uniform symbol or device
for the national network and issue regulations for its use.
(b) Elements.--The national network shall encompass the
following elements:
(1) All System units and programs of the Service determined
by the Secretary to pertain to the Underground Railroad.
(2) Other Federal, State, local, and privately owned
properties pertaining to the Underground Railroad that have a
verifiable connection to the Underground Railroad and that
are included on, or determined by the Secretary to be
eligible for inclusion on, the National Register of Historic
Places.
(3) Other governmental and nongovernmental facilities and
programs of an educational, research, or interpretive nature
that are directly related to the Underground Railroad.
(c) Cooperative Agreements and Memoranda of
Understanding.--To achieve the purposes of this chapter and
to ensure effective coordination of the Federal and non-
Federal elements of the national network with System units
and programs of the Service, the Secretary may enter into
cooperative agreements and memoranda of understanding with,
and provide technical assistance--
(1) to the heads of other Federal agencies, States,
localities, regional governmental bodies, and private
entities; and
(2) in cooperation with the Secretary of State, to the
governments of Canada, Mexico, and any appropriate country in
the Caribbean.

Sec. 308303. Preservation and interpretation of Underground
Railroad history, historic sites, and structures

(a) Authority To Make Grants.--The Secretary may make
grants in accordance with this section for the preservation
and restoration of historic buildings or structures
associated with the Underground Railroad, and for related
research and documentation to sites, programs, or facilities
that have been included in the national network.
(b) Grant Conditions.--Any grant made under this section
shall provide that--
(1) no change or alteration may be made in property for
which the grant is used except with the agreement of the
property owner and the Secretary;
(2) the Secretary shall have the right of access at
reasonable times to the public portions of the property for
interpretive and other purposes; and
(3) conversion, use, or disposal of the property for
purposes contrary to the purposes of this chapter, as
determined by the Secretary, shall result in a right of the
United States to compensation equal to all Federal funds made
available to the grantee under this chapter.
(c) Matching Requirement.--The Secretary may obligate funds
made available for a grant under this section only if the
grantee agrees to match, from funds derived from non-Federal
sources, the amount of the grant with an amount that is equal
to or greater than the grant. The Secretary may waive the
requirement if the Secretary determines that an extreme
emergency exists or that a waiver is in the public interest
to ensure the preservation of historically significant
resources.

Sec. 308304. Authorization of appropriations

(a) Amounts.--There is authorized to be appropriated to
carry out this chapter $2,500,000 for each fiscal year, of
which--
(1) $2,000,000 shall be used to carry out section 308302 of
this title; and
(2) $500,000 shall be used to carry out section 308303 of
this title.
(b) Limitation.--No amount may be appropriated for the
purposes of this chapter except to the Secretary for carrying
out the responsibilities of the Secretary as set forth in
this chapter.
Chapter 3085--National Women's Rights History Project
Sec.
308501. National women's rights history project national registry.
308502. National women's rights history project partnerships network.

Sec. 308501. National women's rights history project national
registry

(a) In General.--The Secretary may make annual grants to
State historic preservation offices for not more than 5 years
to assist the State historic preservation offices in
surveying, evaluating, and nominating to the National
Register of Historic Places women's rights history
properties.
(b) Eligibility.--In making grants under subsection (a),
the Secretary shall give priority to grants relating to
properties associated with the multiple facets of the women's
rights movement, such as politics, economics, education,
religion, and social and family rights.
(c) Updates.--The Secretary shall ensure that the National
Register travel itinerary website entitled ``Places Where
Women Made History'' is updated to contain--
(1) the results of the inventory conducted under subsection
(a); and
(2) any links to websites related to places on the
inventory.
(d) Cost-Sharing Requirement.--The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$1,000,000 for each of fiscal years 2012 and 2013.

[[Page H2212]]

Sec. 308502. National women's rights history project
partnerships network

(a) Grants.--The Secretary may make matching grants and
give technical assistance for development of a network of
governmental and nongovernmental entities (referred to in
this section as the ``network''), the purpose of which is to
provide interpretive and educational program development of
national women's rights history, including historic
preservation.
(b) Management of Network.--
(1) In general.--Through a competitive process, the
Secretary shall designate a nongovernmental managing entity
to manage the network.
(2) Coordination.--The nongovernmental managing entity
designated under paragraph (1) shall work in partnership with
the Director and State historic preservation offices to
coordinate operation of the network.
(c) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the cost of any
activity carried out using any assistance made available
under this section shall be 50 percent.
(2) State historic preservation offices.--Matching grants
for historic preservation specific to the network may be made
available through State historic preservation offices.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$1,000,000 for each of fiscal years 2012 and 2013.
Chapter 3087--National Maritime Heritage
Sec.
308701. Policy.
308702. Definitions.
308703. National Maritime Heritage Grants Program.
308704. Funding.
308705. Designation of America's National Maritime Museum.
308706. Regulations.
308707. Applicability of other authorities.

Sec. 308701. Policy

It shall be the policy of the Federal Government, in
partnership with the States and local governments and private
organizations and individuals, to--
(1) use measures, including financial and technical
assistance, to foster conditions under which our modern
society and our historic maritime resources can exist in
productive harmony;
(2) provide leadership in the preservation of the historic
maritime resources of the United States;
(3) contribute to the preservation of historic maritime
resources and give maximum encouragement to organizations and
individuals undertaking preservation by private means; and
(4) assist State and local governments to expand their
maritime historic preservation programs and activities.

Sec. 308702. Definitions

In this chapter:
(1) National trust.--The term ``National Trust'' means the
National Trust for Historic Preservation in the United States
established under section 312102 of this title.
(2) Private nonprofit organization.--The term ``private
nonprofit organization'' means any person that is exempt from
taxation under section 501(a) of the Internal Revenue Code of
1986 (26 U.S.C. 501(a)) and described in section 501(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
(3) Program.--The term ``Program'' means the National
Maritime Heritage Grants Program established under section
308703(a) of this title.
(4) State historic preservation officer.--The term ``State
Historic Preservation Officer'' means a State Historic
Preservation Officer appointed pursuant to section 302301(1)
of this title by the chief executive official of a State
having a State Historic Preservation Program approved by the
Secretary under that section.

Sec. 308703. National Maritime Heritage Grants Program

(a) Establishment.--There is established in the Department
of the Interior the National Maritime Heritage Grants
Program, to foster in the American public a greater awareness
and appreciation of the role of maritime endeavors in our
Nation's history and culture. The Program shall consist of--
(1) annual grants to the National Trust for subgrants
administered by the National Trust for maritime heritage
education projects under subsection (b); and
(2) grants to State Historic Preservation Officers for
maritime heritage preservation projects carried out or
administered by those Officers under subsection (c).
(b) Grants for Maritime Heritage Education Projects.--
(1) Grants to national trust.--The Secretary, subject to
paragraph (2), and the availability of amounts for that
purpose under section 308704(b)(1)(A) of this title, shall
make an annual grant to the National Trust for maritime
heritage education projects.
(2) Use of grants.--Amounts received by the National Trust
as an annual grant under this subsection shall be used to
make subgrants to State and local governments and private
nonprofit organizations to carry out education projects that
have been approved by the Secretary under subsection (f) and
that consist of--
(A) assistance to any maritime museum or historical society
for--
(i) existing and new educational programs, exhibits,
educational activities, conservation, and interpretation of
artifacts and collections;
(ii) minor improvements to educational and museum
facilities; and
(iii) other similar activities;
(B) activities designed to encourage the preservation of
traditional maritime skills, including--
(i) building and operation of vessels of all sizes and
types for educational purposes;
(ii) special skills such as wood carving, sail making, and
rigging;
(iii) traditional maritime art forms; and
(iv) sail training;
(C) other educational activities relating to historic
maritime resources, including--
(i) maritime educational waterborne-experience programs
in historic vessels or vessel reproductions;
(ii) maritime archeological field schools; and
(iii) educational programs on other aspects of maritime
history;
(D) heritage programs focusing on maritime historic
resources, including maritime heritage trails and corridors;
or
(E) the construction and use of reproductions of historic
maritime resources for educational purposes, if a historic
maritime resource no longer exists or would be damaged or
consumed through direct use.
(c) Grants for Maritime Heritage Preservation Projects.--
(1) Grants to state historic preservation officers.--The
Secretary, acting through the National Maritime Initiative of
the Service and subject to paragraph (2), and the
availability of amounts for that purpose under section
308704(b)(1)(B) of this title, shall make grants to State
Historic Preservation Officers for maritime heritage
preservation projects.
(2) Use of grants.--Amounts received by a State Historic
Preservation Officer as a grant under this subsection shall
be used by the Officer to carry out, or to make subgrants to
local governments and private nonprofit organizations to
carry out, projects that have been approved by the Secretary
under subsection (f) for the preservation of historic
maritime resources through--
(A) identification of historic maritime resources,
including underwater archeological sites;
(B) acquisition of historic maritime resources for the
purposes of preservation;
(C) repair, restoration, stabilization, maintenance, or
other capital improvements to historic maritime resources, in
accordance with standards prescribed by the Secretary; and
(D) research, recording (through drawings, photographs, or
otherwise), planning (through feasibility studies,
architectural and engineering services, or otherwise), and
other services carried out as part of a preservation program
for historic maritime resources.
(d) Criteria for Direct Grant and Subgrant Eligibility.--To
qualify for a subgrant from the National Trust under
subsection (b), or a direct grant to or a subgrant from a
State Historic Preservation Officer under subsection (c), a
person shall--
(1) demonstrate that the project for which the direct grant
or subgrant will be used has the potential for reaching a
broad audience with an effective educational program based on
American maritime history, technology, or the role of
maritime endeavors in American culture;
(2) match the amount of the direct grant or subgrant, on a
1-to-1 basis, with non-Federal assets from non-Federal
sources, which may include cash or donated services fairly
valued as determined by the Secretary;
(3) maintain records as may be reasonably necessary to
fully disclose--
(A) the amount and the disposition of the proceeds of the
direct grant or subgrant;
(B) the total cost of the project for which the direct
grant or subgrant is made; and
(C) other records as may be required by the Secretary,
including such records as will facilitate an effective
accounting for project funds;
(4) provide access to the Secretary for the purposes of any
required audit and examination of any records of the person;
and
(5) be a unit of State or local government, or a private
nonprofit organization.
(e) Procedures, Terms, and Conditions.--
(1) Application procedures.--An application for a subgrant
under subsection (b), or a direct grant or subgrant under
subsection (c), shall be submitted under procedures
prescribed by the Secretary.
(2) Terms and conditions.--A person may not receive a
subgrant under subsection (b), or a direct grant or subgrant
under subsection (c), unless the person agrees to assume,
after completion of the project for which the direct grant or
subgrant is awarded, the total cost of the continued
maintenance, repair, and administration of any property for
which the subgrant will be used in a manner satisfactory to
the Secretary.
(f) Allocation of, and Limitation on, Grant Funding.--
(1) Allocation.--To the extent feasible, the Secretary
shall ensure that the amount made available under subsection
(b) for maritime heritage education projects is equal to the
amount made available under subsection (c) for maritime
heritage preservation projects.
(2) Limitation.--The amount provided by the Secretary in a
fiscal year as grants under this section for projects
relating to historic maritime resources owned or operated by
the

[[Page H2213]]

Federal Government shall not exceed 40 percent of the total
amount available for the fiscal year for grants under this
section.
(g) Publication of Direct Grant and Subgrant Information.--
The Secretary shall publish annually in the Federal Register
and otherwise as the Secretary considers appropriate--
(1) a solicitation of applications for direct grants and
subgrants under this section;
(2) a list of priorities for the making of those direct
grants and subgrants;
(3) a single deadline for the submission of applications
for those direct grants and subgrants; and
(4) other relevant information.
(h) Direct Grant and Subgrant Administration.--
(1) Responsibility.--
(A) National trust.--The National Trust is responsible for
administering subgrants for maritime heritage education
projects under subsection (b).
(B) Secretary.--The Secretary is responsible for
administering direct grants for maritime heritage
preservation projects under subsection (c).
(C) State historic preservation officers.--State Historic
Preservation Officers are responsible for administering
subgrants for maritime heritage preservation projects under
subsection (c).
(2) Actions.--The appropriate responsible party under
paragraph (1) shall administer direct grants or subgrants
by--
(A) publicizing the Program to prospective grantees,
subgrantees, and the public at large, in cooperation with the
Service, the Maritime Administration, and other appropriate
government agencies and private institutions;
(B) answering inquiries from the public, including
providing information on the Program as requested;
(C) distributing direct grant and subgrant applications;
(D) receiving direct grant and subgrant applications and
ensuring their completeness;
(E) keeping records of all direct grant and subgrant awards
and expenditures of funds;
(F) monitoring progress of projects carried out with direct
grants and subgrants; and
(G) providing to the Secretary such progress reports as may
be required by the Secretary.
(i) Assistance of Maritime Preservation Organizations.--The
Secretary, the National Trust, and the State Historic
Preservation Officers may, individually or jointly, enter
into cooperative agreements with any private nonprofit
organization with appropriate expertise in maritime
preservation issues, or other qualified maritime preservation
organizations, to assist in the administration of the
Program.
(j) Report to Congress.--The Secretary shall submit to
Congress an annual report on the Program, including--
(1) a description of each project funded under the Program
in the period covered by the report;
(2) the results or accomplishments of each such project;
and
(3) recommended priorities for achieving the policy set
forth in section 308701 of this title.

Sec. 308704. Funding

(a) Availability of Funds From Sale and Scrapping of
Obsolete Vessels.--
(1) In general.--Notwithstanding any other provision of
law, the amount of funds credited in a fiscal year to the
Vessel Operations Revolving Fund established by section
50301(a) of title 46 that is attributable to the sale of
obsolete vessels in the National Defense Reserve Fleet that
are scrapped or sold under section 57102, 57103, or 57104 of
title 46 shall be available until expended as follows:
(A) Fifty percent shall be available to the Administrator
of the Maritime Administration for such acquisition,
maintenance, repair, reconditioning, or improvement of
vessels in the National Defense Reserve Fleet as is
authorized under other Federal law.
(B) Twenty five percent shall be available to the
Administrator of the Maritime Administration for the payment
or reimbursement of expenses incurred by or on behalf of
State maritime academies or the United States Merchant Marine
Academy for facility and training ship maintenance, repair,
and modernization, and for the purchase of simulators and
fuel.
(C) The remainder shall be available--
(i) to the Secretary to carry out the Program, as provided
in subsection (b); or
(ii) if otherwise determined by the Administrator of the
Maritime Administration, for use in the preservation and
presentation to the public of maritime heritage property of
the Maritime Administration.
(2) Applicability.--Paragraph (1) does not apply to amounts
credited to the Vessel Operations Revolving Fund before July
1, 1994.
(b) Use of Amounts for Program.--
(1) In general.--Except as provided in paragraph (2), of
amounts available each fiscal year for the Program under
subsection (a)(1)(C)--
(A) one half shall be used for grants under section
308703(b) of this title; and
(B) one half shall be used for grants under section
308703(c) of this title.
(2) Administrative expenses.--
(A) In general.--Not more than 15 percent or $500,000,
whichever is less, of the amount available for the Program
under subsection (a)(1)(C) for a fiscal year may be used for
expenses of administering the Program.
(B) Allocation.--Of the amount available under subparagraph
(A) for a fiscal year--
(i) one half shall be allocated to the National Trust for
expenses incurred in administering grants under section
308703(b) of this title; and
(ii) one half shall be allocated as appropriate by the
Secretary to the Service and participating State Historic
Preservation Officers.
(c) Disposal of Vessels.--
(1) Requirement.--The Secretary of Transportation shall
dispose (by sale or by purchase of disposal services) of all
vessels described in paragraph (2)--
(A) in accordance with a priority system for disposing of
vessels, as determined by the Secretary, that shall include
provisions requiring the Maritime Administration to--
(i) dispose of all deteriorated high priority ships that
are available for disposal within 12 months of their
designation as available for disposal; and
(ii) give priority to the disposition of those vessels that
pose the most significant danger to the environment or cost
the most to maintain;
(B) in the manner that provides the best value to the
Federal Government, except in any case in which obtaining the
best value would require towing a vessel and the towing poses
a serious threat to the environment; and
(C) in accordance with the plan of the Department of
Transportation for disposal of those vessels and requirements
under sections 57102 to 57104 of title 46.
(2) Description of vessels.--The vessels referred to in
paragraph (1) are the vessels in the National Defense Reserve
Fleet after July 1, 1994, that--
(A) are not assigned to the Ready Reserve Force component
of the National Defense Reserve Fleet; and
(B) are not specifically authorized or required by statute
to be used for a particular purpose.
(d) Treatment of Available Amounts.--Amounts available
under this section shall not be considered in any
determination of the amounts available to the Department of
the Interior.

Sec. 308705. Designation of America's National Maritime
Museum

(a) In General.--America's National Maritime Museum shall
be composed of the museums designated by law to be museums of
America's National Maritime Museum on the basis that the
museums--
(1) house a collection of maritime artifacts clearly
representing the Nation's maritime heritage; and
(2) provide outreach programs to educate the public about
the Nation's maritime heritage.
(b) Initial Designation.--The following museums (meeting
the criteria specified in subsection (a)) are designated as
museums of America's National Maritime Museum:
(1) The Mariners' Museum, located at 100 Museum Drive,
Newport News, Virginia.
(2) The South Street Seaport Museum, located at 207 Front
Street, New York, New York.
(c) Future Designation of Other Museums Not Precluded.--The
designation of the museums referred to in subsection (b) as
museums of America's National Maritime Museum does not
preclude the designation by law of any other museum that
meets the criteria specified in subsection (a) as a museum of
America's National Maritime Museum.
(d) Reference to Museums.--Any reference in any law, map,
regulation, document, paper, or other record of the United
States to a museum designated by law to be a museum of
America's National Maritime Museum shall be deemed to be a
reference to that museum as a museum of America's National
Maritime Museum.

Sec. 308706. Regulations

The Secretary, after consultation with the National Trust,
the National Conference of State Historic Preservation
Officers, and appropriate members of the maritime heritage
community, shall prescribe appropriate guidelines,
procedures, and regulations to carry out the chapter,
including direct grant and subgrant priorities, the method of
solicitation and review of direct grant and subgrant
proposals, criteria for review of direct grant and subgrant
proposals, administrative requirements, reporting and
recordkeeping requirements, and any other requirements the
Secretary considers appropriate.

Sec. 308707. Applicability of other authorities

The authorities contained in this chapter shall be in
addition to, and shall not be construed to supersede or
modify those contained in division A of this subtitle.
Chapter 3089--Save America's Treasures Program
Sec.
308901. Definitions.
308902. Establishment.
308903. Grants.
308904. Guidelines and regulations.
308905. Authorization of appropriations.

Sec. 308901. Definitions

In this chapter:
(1) Collection.--The term ``collection'' means a collection
of intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) Eligible entity.--The term ``eligible entity'' means a
Federal entity, State, local, or tribal government,
educational institution, or nonprofit organization.
(3) Historic property.--The term ``historic property'' has
the meaning given the term in section 300308 of this title.

[[Page H2214]]

(4) Nationally significant.--The term ``nationally
significant'', in reference to a collection or historic
property, means a collection or historic property that meets
the applicable criteria for national significance, in
accordance with regulations promulgated by the Secretary
pursuant to section 302103 of this title.
(5) Program.--The term ``program'' means the Save America's
Treasures Program established under section 308902(a) of this
title.
(6) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Director.

Sec. 308902. Establishment

(a) In General.--There is established in the Department of
the Interior the Save America's Treasures Program.
(b) Participants.--In consultation and partnership with the
National Endowment for the Arts, the National Endowment for
the Humanities, the Institute of Museum and Library Services,
the National Trust for Historic Preservation in the United
States, the National Conference of State Historic
Preservation Officers, the National Association of Tribal
Historic Preservation Officers, and the President's Committee
on the Arts and the Humanities, the Secretary shall use the
amounts made available under section 308905 of this title to
provide grants to eligible entities for projects to preserve
nationally significant collections and historic property.

Sec. 308903. Grants

(a) Determination of Grants.--Of the amounts made available
for grants under section 308905 of this title, not less than
50 percent shall be made available for grants for projects to
preserve collections and historic property, to be distributed
through a competitive grant process administered by the
Secretary, subject to the selection criteria established
under subsection (d).
(b) Application for Grants.--To be considered for a grant
under the program an eligible entity shall submit to the
Secretary an application containing such information as the
Secretary may require.
(c) Collections and Historic Property Eligible for
Grants.--
(1) In general.--A collection or historic property shall be
provided a grant under the program only if the Secretary
determines that the collection or historic property is--
(A) nationally significant; and
(B) threatened or endangered.
(2) Eligible collections.--A determination by the Secretary
regarding the national significance of a collection under
paragraph (1)(A) shall be made in consultation with the
organizations described in section 308902(b) of this title,
as appropriate.
(3) Eligible historic property.--To be eligible for a grant
under the program, a historic property shall, as of the date
of the grant application--
(A) be listed on the National Register of Historic Places
at the national level of significance; or
(B) be designated as a National Historic Landmark.
(d) Selection Criteria.--
(1) In general.--The Secretary shall not provide a grant
under this chapter to a project for a collection or historic
property unless the project--
(A) eliminates or substantially mitigates the threat of
destruction or deterioration of the collection or historic
property;
(B) has a clear public benefit; and
(C) is able to be completed on schedule and within the
budget described in the grant application.
(2) Preference.--In providing grants under this chapter,
the Secretary may give preference to projects that carry out
the purposes of both the program and the Preserve America
Program.
(3) Limitation.--In providing grants under this chapter,
the Secretary shall provide only one grant to each project
selected for a grant.
(e) Consultation and Notification by Secretary.--
(1) Consultation.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall consult with the organizations described in section
308902(b) of this title in preparing the list of projects to
be provided grants for a fiscal year under the program.
(B) Limitation.--If an organization described in section
308902(b) of this title has submitted an application for a
grant under the program, the organization shall be recused by
the Secretary from the consultation requirements under
subparagraph (A) and section 308902(b) of this title.
(2) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year
under the program, the Secretary shall submit to the
Committee on Energy and Natural Resources and Committee on
Appropriations of the Senate and the Committee on Natural
Resources and Committee on Appropriations of the House of
Representatives a list of any eligible projects that are to
be provided grants under the program for the fiscal year.
(f) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this chapter
shall be not less than 50 percent of the total cost of the
project.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) shall be in the form of--
(A) cash; or
(B) donated supplies or related services, the value of
which shall be determined by the Secretary.
(3) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity and a feasible plan
for securing the non-Federal share for an eligible project
required under paragraph (1) before a grant is provided to
the eligible project under the program.

Sec. 308904. Guidelines and regulations

The Secretary shall develop any guidelines and prescribe
any regulations that the Secretary determines to be necessary
to carry out this chapter.

Sec. 308905. Authorization of appropriations

There is authorized to be appropriated to carry out this
chapter $50,000,000 for each fiscal year, to remain available
until expended.
Chapter 3091--Commemoration of Former Presidents
Sec.
309101. Sites and structures that commemorate former Presidents.

Sec. 309101. Sites and structures that commemorate former
Presidents

(a) Survey.--The Secretary may conduct a survey of sites
that the Secretary considers exhibit qualities most
appropriate for the commemoration of each former President.
The survey may--
(1) include sites associated with the deeds, leadership, or
lifework of a former President; and
(2) identify sites or structures historically unrelated to
a former President but that may be suitable as a memorial to
honor that President.
(b) Reports.--The Secretary shall, from time to time,
prepare and transmit to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate reports on individual sites
and structures identified in a survey under subsection (a),
together with the Secretary's recommendation as to whether
the site or structure is suitable for establishment as a
national historic site or national memorial to commemorate a
former President. Each report shall include pertinent
information with respect to the need for acquisition of land
and interests in land, the development of facilities, and the
operation and maintenance of the site or structure and the
estimated cost of the operation and maintenance.
(c) Establishment as National Historic Site.--If during the
6-month period following the transmittal of a report pursuant
to subsection (b) neither Committee has by vote of a majority
of its members disapproved a recommendation of the Secretary
that a site or structure is suitable for establishment as a
national historic site, the Secretary may by appropriate
order establish the site or structure as a national historic
site, including the land and interests in land identified in
the report accompanying the recommendation of the Secretary.
(d) Acquistion of Land and Interests in Land.--The
Secretary may acquire the land and interests in land by
donation, purchase with donated or appropriated funds,
transfer from any other Federal agency, or exchange.
(e) Effect of Section.--Nothing in this section shall be
construed as diminishing the authority of the Secretary under
chapter 3201 of this title or as authorizing the Secretary to
establish any national memorial, creation of which is
expressly reserved to Congress.
Subdivision 2--Administered Jointly With National Park Service
Chapter 3111--Preserve America Program
Sec.
311101. Definitions.
311102. Establishment.
311103. Designation of Preserve America Communities.
311104. Regulations.
311105. Authorization of appropriations.

Sec. 311101. Definitions

In this chapter:
(1) Council.--The term ``Council'' means the Advisory
Council on Historic Preservation.
(2) Heritage tourism.--The term ``heritage tourism'' means
the conduct of activities to attract and accommodate visitors
to a site or area based on the unique or special aspects of
the history, landscape (including trail systems), and culture
of the site or area.
(3) Program.--The term ``program'' means the Preserve
America Program established under section 311102(a).

Sec. 311102. Establishment

(a) In General.--There is established in the Department of
the Interior the Preserve America Program, under which the
Secretary, in partnership with the Council, may provide
competitive grants to States, local governments (including
local governments in the process of applying for designation
as Preserve America Communities under section 311103 of this
title, Indian tribes, communities designated as Preserve
America Communities under section 311103 of this title, State
historic preservation offices, and tribal historic
preservation offices to support preservation efforts through
heritage tourism, education, and historic preservation
planning activities.
(b) Eligible Projects.--
(1) In general.--The following projects shall be eligible
for a grant under this chapter:
(A) A project for the conduct of--
(i) research on, and documentation of, the history of a
community; and
(ii) surveys of the historic resources of a community.

[[Page H2215]]

(B) An education and interpretation project that conveys
the history of a community or site.
(C) A planning project (other than building rehabilitation)
that advances economic development using heritage tourism and
historic preservation.
(D) A training project that provides opportunities for
professional development in areas that would aid a community
in using and promoting its historic resources.
(E) A project to support heritage tourism in a Preserve
America Community designated under section 311103 of this
title.
(F) Other nonconstruction projects that identify or promote
historic properties or provide for the education of the
public about historic properties that are consistent with the
purposes of this chapter.
(2) Limitation.--In providing grants under this chapter,
the Secretary shall provide only one grant to each eligible
project selected for a grant.
(c) Preference.--In providing grants under this chapter,
the Secretary may give preference to projects that carry out
the purposes of both the program and the Save America's
Treasures Program.
(d) Consultation and Notification.--
(1) Consultation.--The Secretary shall consult with the
Council in preparing the list of projects to be provided
grants for a fiscal year under the program.
(2) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year
under the program, the Secretary shall submit to the
Committee on Energy and Natural Resources and Committee on
Appropriations of the Senate and the Committee on Natural
Resources and Committee on Appropriations of the House of
Representatives a list of any eligible projects that are to
be provided grants under the program for the fiscal year.
(e) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this chapter
shall be not less than 50 percent of the total cost of the
project.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) shall be in the form of--
(A) cash; or
(B) donated supplies and related services, the value of
which shall be determined by the Secretary.
(3) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity to secure, and a
feasible plan for securing, the non-Federal share for an
eligible project required under paragraph (1) before a grant
is provided to the eligible project under the program.

Sec. 311103. Designation of Preserve America Communities

(a) Application.--To be considered for designation as a
Preserve America Community, a community, tribal area, or
neighborhood shall submit to the Council an application
containing such information as the Council may require.
(b) Criteria.--To be designated as a Preserve America
Community under the program, a community, tribal area, or
neighborhood that submits an application under subsection (a)
shall, as determined by the Council, in consultation with the
Secretary, meet criteria required by the Council and, in
addition, consider--
(1) protection and celebration of the heritage of the
community, tribal area, or neighborhood;
(2) use of the historic assets of the community, tribal
area, or neighborhood for economic development and community
revitalization; and
(3) encouragement of people to experience and appreciate
local historic resources through education and heritage
tourism programs.
(c) Local Governments Previously Certified for Historic
Preservation Activities.--The Council shall establish an
expedited process for Preserve America Community designation
for local governments previously certified for historic
preservation activities under section 302502 of this title.
(d) Guidelines.--The Council, in consultation with the
Secretary, shall establish any guidelines that are necessary
to carry out this section.

Sec. 311104. Regulations

The Secretary shall develop any guidelines and issue any
regulations that the Secretary determines to be necessary to
carry out this chapter.

Sec. 311105. Authorization of appropriations

There is authorized to be appropriated to carry out this
chapter $25,000,000 for each fiscal year, to remain available
until expended.
Subdivision 3--Administered by Other Than National Park Service
Chapter 3121--National Trust for Historic Preservation in the United
States
Sec.
312101. Definitions.
312102. Establishment and purposes.
312103. Principal office.
312104. Board of trustees.
312105. Powers.
312106. Consultation with National Park System Advisory Board.

Sec. 312101. Definitions

In this chapter:
(1) Board.--The term ``Board'' means the board of trustees
of the National Trust.
(2) National trust.--The term ``National Trust'' means the
National Trust for Historic Preservation in the United States
established under section 312102 of this title.

Sec. 312102. Establishment and purposes

(a) Establishment.--To further the policy enunciated in
chapter 3201 of this title, and to facilitate public
participation in the preservation of sites, buildings, and
objects of national significance or interest, there is
established a charitable, educational, and nonprofit
corporation to be known as the National Trust for Historic
Preservation in the United States.
(b) Purposes.--The purposes of the National Trust shall be
to--
(1) receive donations of sites, buildings, and objects
significant in American history and culture;
(2) preserve and administer the sites, buildings, and
objects for public benefit;
(3) accept, hold, and administer gifts of money,
securities, or other property of any character for the
purpose of carrying out the preservation program; and
(4) execute other functions vested in the National Trust by
this chapter.

Sec. 312103. Principal office

The National Trust shall have its principal office in the
District of Columbia and shall be deemed, for purposes of
venue in civil actions, to be a resident of the District of
Columbia. The National Trust may establish offices in other
places as it may consider necessary or appropriate in the
conduct of its business.

Sec. 312104. Board of trustees

(a) Membership.--The affairs of the National Trust shall be
under the general direction of a board of trustees composed
as follows:
(1) The Attorney General, the Secretary, and the Director
of the National Gallery of Art, ex officio.
(2) Not fewer than 6 general trustees who shall be citizens
of the United States.
(b) Designation of Another Officer.--The Attorney General
and the Secretary, when it appears desirable in the interest
of the conduct of the business of the Board and to such
extent as they consider it advisable, may, by written notice
to the National Trust, designate any officer of their
respective departments to act for them in the discharge of
their duties as a member of the Board.
(c) General Trustees.--
(1) Number and selection.--The number of general trustees
shall be fixed by the Board and shall be chosen by the
members of the National Trust from its members at any regular
meeting of the National Trust.
(2) Term of office.--The respective terms of office of the
general trustees shall be as prescribed by the Board but in
no case shall exceed a period of 5 years from the date of
election.
(3) Successor.--A successor to a general trustee shall be
chosen in the same manner and shall have a term expiring 5
years from the date of the expiration of the term for which
the predecessor was chosen, except that a successor chosen to
fill a vacancy occurring prior to the expiration of a term
shall be chosen only for the remainder of that term.
(d) Chairman.--The chairman of the Board shall be elected
by a majority vote of the members of the Board.
(e) Compensation and Reimbursement.--No compensation shall
be paid to the members of the Board for their services as
such members, but they shall be reimbursed for travel and
actual expenses necessarily incurred by them in attending
board meetings and performing other official duties on behalf
of the National Trust at the direction of the Board.

Sec. 312105. Powers

(a) In General.--To the extent necessary to enable it to
carry out the functions vested in it by this chapter, the
National Trust has the general powers described in this
section.
(b) Succession.--The National Trust has succession until
dissolved by Act of Congress, in which event title to the
property of the National Trust, both real and personal,
shall, insofar as consistent with existing contractual
obligations and subject to all other legally enforceable
claims or demands by or against the National Trust, pass to
and become vested in the United States.
(c) Sue and Be Sued.--The National Trust may sue and be
sued in its corporate name.
(d) Corporate Seal.--The National Trust may adopt, alter,
and use a corporate seal that shall be judicially noticed.
(e) Constitution, Bylaws, and Regulations.--The National
Trust may adopt a constitution and prescribe such bylaws and
regulations, not inconsistent with the laws of the United
States or of any State, as it considers necessary for the
administration of its functions under this chapter, including
among other matters, bylaws and regulations governing
visitation to historic properties, administration of
corporate funds, and the organization and procedure of the
Board.
(f) Personal Property--The National Trust may accept, hold,
and administer gifts and bequests of money, securities, or
other personal property of any character, absolutely or in
trust, for the purposes for which the National Trust is
created. Unless otherwise restricted by the terms of a gift
or bequest, the National Trust may sell, exchange, or
otherwise dispose of, and invest or reinvest in investments
as it may determine from time to time, the moneys,
securities, or other property given or bequeathed to it. The
principal of corporate funds and the income from those funds
and all other revenues received by the National Trust from

[[Page H2216]]

any source shall be placed in such depositories as the
National Trust shall determine and shall be subject to
expenditure by the National Trust for its corporate purposes.
(g) Real Property.--The National Trust may acquire by gift,
devise, purchase, or otherwise, absolutely or in trust, and
hold and, unless otherwise restricted by the terms of the
gift or devise, encumber, convey, or otherwise dispose of,
any real property, or any estate or interest in real property
(except property within the exterior boundaries of a System
unit), as may be necessary and proper in carrying into effect
the purposes of the National Trust.
(h) Contracts and Cooperative Agreements Respecting
Protection, Preservation, Maintenance, or Operation.--The
National Trust may contract and make cooperative agreements
with Federal, State, or local agencies, corporations,
associations, or individuals, under terms and conditions that
the National Trust considers advisable, respecting the
protection, preservation, maintenance, or operation of any
historic site, building, object, or property used in
connection with the site, building, object, or property for
public use, regardless of whether the National Trust has
acquired title to the property, or any interest in the
property.
(i) Enter Into Contracts and Execute Instruments.--The
National Trust may enter into contracts generally and execute
all instruments necessary or appropriate to carry out its
corporate purposes, including concession contracts, leases,
or permits for the use of land, buildings, or other property
considered desirable either to accommodate the public or to
facilitate administration.
(j) Officers, Agents, and Employees.--The National Trust
may appoint and prescribe the duties of officers, agents, and
employees as may be necessary to carry out its functions, and
fix and pay compensation to them for their services as the
National Trust may determine.
(k) Lawful Acts.--The National Trust may generally do any
and all lawful acts necessary or appropriate to carry out the
purposes for which the National Trust is created.

Sec. 312106. Consultation with National Park System Advisory
Board

In carrying out its functions under this chapter, the
National Trust may consult with the National Park System
Advisory Board on matters relating to the selection of sites,
buildings, and objects to be preserved and protected pursuant
to this chapter.
Chapter 3123--Commission for the Preservation of America's Heritage
Abroad
Sec.
312301. Definition.
312302. Declaration of national interest.
312303. Establishment.
312304. Duties and powers; administrative support.
312305. Reports.

Sec. 312301. Definition

In this chapter, the term ``Commission'' means the
Commission for the Preservation of America's Heritage Abroad
established under section 312303 of this title.

Sec. 312302. Declaration of national interest

Because the fabric of a society is strengthened by visible
reminders of the historical roots of the society, it is in
the national interest to encourage the preservation and
protection of the cemeteries, monuments, and historic
buildings associated with the foreign heritage of United
States citizens.

Sec. 312303. Establishment

(a) Establishment.--There is established a commission to be
known as the Commission for the Preservation of America's
Heritage Abroad.
(b) Membership.--The Commission shall consist of 21 members
appointed by the President, 7 of whom shall be appointed
after consultation with the Speaker of the House of
Representatives and 7 of whom shall be appointed after
consultation with the President pro tempore of the Senate.
(c) Term.--
(1) In general.--Except as provided in paragraph (2), a
member of the Commission shall be appointed for a term of 3
years.
(2) Vacancy.--A member appointed to fill a vacancy on the
Commission shall serve for the remainder of the term for
which the member's predecessor was appointed.
(3) Member until successor appointed.--A member may retain
membership on the Commission until the member's successor has
been appointed.
(d) Chairman.--The President shall designate the Chairman
of the Commission from among its members.
(e) Meetings.--The Commission shall meet at least once
every 6 months.
(f) Compensation and Expenses.--
(1) Compensation.--Members of the Commission shall receive
no pay on account of their service on the Commission.
(2) Expenses.--While away from their homes or regular
places of business in the performance of services for the
Commission, members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as individuals employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5.

Sec. 312304. Duties and powers; administrative support

(a) Duties.--The Commission shall--
(1) identify and publish a list of cemeteries, monuments,
and historic buildings located abroad that are associated
with the foreign heritage of United States citizens from
eastern and central Europe, particularly cemeteries,
monuments, and buildings that are in danger of deterioration
or destruction;
(2) encourage the preservation and protection of those
cemeteries, monuments, and historic buildings by obtaining,
in cooperation with the Secretary of State, assurances from
foreign governments that the cemeteries, monuments, and
buildings will be preserved and protected; and
(3) prepare and disseminate reports on the condition of,
and the progress toward preserving and protecting, those
cemeteries, monuments, and historic buildings.
(b) Powers.--
(1) Hold hearings, request attendance, take testimony, and
receive evidence.--The Commission or any member it authorizes
may, for the purposes of carrying out this chapter, hold such
hearings, sit and act at such times and places, request such
attendance, take such testimony, and receive such evidence,
as the Commission considers appropriate.
(2) Appoint personnel and fix pay.--The Commission may
appoint such personnel (subject to the provisions of title 5
governing appointments in the competitive service) and may
fix the pay of such personnel (subject to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5), as
the Commission considers desirable.
(3) Procure temporary and intermittent services.--The
Commission may procure temporary and intermittent services to
the same extent as is authorized by section 3109(b) of title
5, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay then in
effect under section 5376 of title 5.
(4) Detail personnel to commisison.--On request of the
Commission, the head of any Federal department or agency,
including the Secretary of State, may detail, on a
reimbursable basis, any of the personnel of that department
or agency to the Commission to assist it in carrying out its
duties under this chapter.
(5) Secure information.--The Commission may secure directly
from any department or agency of the United States, including
the Department of State, any information necessary to enable
it to carry out this chapter. On the request of the Chairman
of the Commission, the head of the department or agency shall
furnish the information to the Commission.
(6) Gifts or donations.--The Commission may accept, use,
and dispose of gifts or donations of money or property.
(7) Use of mails.--The Commission may use the United States
mails in the same manner and on the same conditions as other
departments and agencies of the United States.
(c) Administrative Support.--The Administrator of General
Services shall provide to the Commission on a reimbursable
basis administrative support services as the Commission may
request.

Sec. 312305. Reports

As soon as practicable after the end of each fiscal year,
the Commission shall transmit to the President a report that
includes--
(1) a detailed statement of the activities and
accomplishments of the Commission during the fiscal year; and
(2) any recommendations of the Commission for legislation
and administrative actions.
Chapter 3125--Preservation of Historical and Archeological Data
Sec.
312501. Definition.
312502. Threat of irreparable loss or destruction of significant
scientific, prehistorical, historical, or archeological
data by Federal construction projects.
312503. Survey and recovery by Secretary.
312504. Progress reports by Secretary on surveys and work undertaken
as result of surveys.
312505. Notice of dam construction.
312506. Administration.
312507. Assistance to Secretary by Federal agencies responsible for
construction projects.
312508. Costs for identification, surveys, evaluation, and data
recovery with respect to historic property.

Sec. 312501. Definition

In this chapter, the term ``State'' includes a State, the
District of Columbia, Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands.

Sec. 312502. Threat of irreparable loss or destruction of
significant scientific, prehistorical, historical, or
archeological data by Federal construction projects

(a) Activity of Federal Agency.--
(1) Notification of secretary.--When any Federal agency
finds, or is notified, in writing, by an appropriate
historical or archeological authority, that its activities in
connection with any Federal construction project or federally
licensed project, activity, or program may cause irreparable
loss or destruction of significant scientific, prehistorical,
historical, or archeological data, the agency shall notify
the Secretary, in writing, and shall provide the Secretary
with appropriate information concerning the project, program,
or activity.
(2) Recovery, protection, and preservation of data.--The
agency--

[[Page H2217]]

(A) may request the Secretary to undertake the recovery,
protection, and preservation of the data (including
preliminary survey, or other investigation as needed, and
analysis and publication of the reports resulting from the
investigation); or
(B) may, with funds appropriated for the project, program,
or activity, undertake those activities.
(3) Availability of reports.--Copies of reports of any
investigations made pursuant to this section shall be
submitted to the Secretary, who shall make them available to
the public for inspection and review.
(b) Activity of Private Person, Association, or Public
Entity.--
(1) Recovery by secretary.--When any Federal agency
provides financial assistance by loan, grant, or otherwise to
any private person, association, or public entity, the
Secretary, if the Secretary determines that significant
scientific, prehistorical, historical, or archeological data
might be irrevocably lost or destroyed, may, with funds
appropriated expressly for this purpose--
(A) conduct, with the consent of all persons, associations,
or public entities having a legal interest in the property, a
survey of the affected site; and
(B) undertake the recovery, protection, and preservation of
the data (including analysis and publication).
(2) Compensation.--The Secretary shall, unless otherwise
agreed to in writing, compensate any person, association, or
public entity damaged as a result of delays in construction
or as a result of the temporary loss of the use of private or
any nonfederally owned land.

Sec. 312503. Survey and recovery by Secretary

(a) In General.--The Secretary, on notification, in
writing, by any Federal or State agency or appropriate
historical or archeological authority that scientific,
prehistorical, historical, or archeological data are being or
may be irrevocably lost or destroyed by any Federal or
federally assisted or licensed project, activity, or program,
shall, if the Secretary determines that the data are
significant and are being or may be irrevocably lost or
destroyed and after reasonable notice to the agency
responsible for funding or licensing the project, activity,
or program--
(1) conduct or cause to be conducted a survey and other
investigation of the areas that are or may be affected; and
(2) recover and preserve the data (including analysis and
publication) that, in the opinion of the Secretary, are not
being, but should be, recovered and preserved in the public
interest.
(b) When Survey or Recovery Not Required.--No survey or
recovery work shall be required pursuant to this section
that, in the determination of the head of the responsible
agency, would impede Federal or federally assisted or
licensed projects or activities undertaken in connection with
any emergency, including projects or activities undertaken in
anticipation of, or as a result of, a natural disaster.
(c) Initiation of Survey.--The Secretary shall initiate the
survey or recovery effort within--
(1) 60 days after notification pursuant to subsection (a);
or
(2) such time as may be agreed on with the head of the
agency responsible for funding or licensing the project,
activity, or program in all other cases.
(d) Compensation by Secretary.--The Secretary shall, unless
otherwise agreed to in writing, compensate any person,
association, or public entity damaged as a result of delays
in construction or as a result of the temporary loss of the
use of private or nonfederally owned land.

Sec. 312504. Progress reports by Secretary on surveys and
work undertaken as result of surveys

(a) Progress Reports to Funding or Licensing Agency.--The
Secretary shall keep the agency responsible for funding or
licensing the project notified at all times of the progress
of any survey made under this chapter or of any work
undertaken as a result of a survey, in order that there will
be as little disruption or delay as possible in the carrying
out of the functions of the agency. The survey and recovery
programs shall terminate at a time agreed on by the Secretary
and the head of the agency unless extended by agreement.
(b) Disposition of Relics and Specimens.--The Secretary
shall consult with any interested Federal and State agencies,
educational and scientific organizations, private
institutions, and qualified individuals, with a view to
determining the ownership of, and the most appropriate
repository for, any relics and specimens recovered as a
result of any work performed as provided for in this section.
(c) Coordination of Activities.--The Secretary shall
coordinate all Federal survey and recovery activities
authorized under this chapter.

Sec. 312505. Notice of dam construction

(a) In General.--Before any Federal agency undertakes the
construction of a dam, or issues a license to any private
individual or corporation for the construction of a dam, it
shall give written notice to the Secretary setting forth the
site of the proposed dam and the approximate area to be
flooded and otherwise changed if construction is undertaken.
(b) Dams With Certain Detention Capacity or Reservoir.--
With respect to any flood water retarding dam that provides
fewer than 5,000 acre-feet of detention capacity, and with
respect to any other type of dam that creates a reservoir of
fewer than 40 surface acres, this section shall apply only
when the constructing agency, in its preliminary surveys,
finds or is presented with evidence that historical or
archeological materials exist or may be present in the
proposed reservoir area.

Sec. 312506. Administration

In the administration of this chapter, the Secretary may--
(1) enter into contracts or make cooperative agreements
with any Federal or State agency, educational or scientific
organization, or institution, corporation, association, or
qualified individual;
(2) obtain the services of experts and consultants or
organizations of experts and consultants in accordance with
section 3109 of title 5; and
(3) accept and utilize funds made available for salvage
archeological purposes by any private person or corporation
or transferred to the Secretary by any Federal agency.

Sec. 312507. Assistance to Secretary by Federal agencies
responsible for construction projects

(a) Assistance of Federal Agencies.--To carry out this
chapter, any Federal agency responsible for a construction
project may assist the Secretary or may transfer to the
Secretary funds as may be agreed on, but not more than 1
percent of the total amount authorized to be appropriated for
the project, except that the 1 percent limitation under this
section shall not apply if the cost of the project is $50,000
or less. The costs of the survey, recovery, analysis, and
publication shall be deemed nonreimbursable project costs.
(b) Availability of Appropriations.--Amounts appropriated
for purposes of this section shall remain available until
expended.

Sec. 312508. Costs for identification, surveys, evaluation,
and data recovery with respect to historic property

Notwithstanding section 312507(a) of this title or any
other provision of law--
(1) identification, surveys, and evaluation carried out
with respect to historic property within project areas may be
treated for purposes of any law or rule of law as planning
costs of the project and not as costs of mitigation;
(2) reasonable costs for identification, surveys,
evaluation, and data recovery carried out with respect to
historic property within project areas may be charged to
Federal licensees and permittees as a condition to the
issuance of the license or permit; and
(3) Federal agencies, with the concurrence of the Secretary
and after notification of the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate, may waive, in
appropriate cases, the 1 percent limitation under section
312507(a) of this title.
Division C--American Antiquities
Chapter 3201--Policy and Administrative Provisions
Sec.
320101. Declaration of national policy.
320102. Powers and duties of Secretary.
320103. Cooperation with governmental and private agencies and
individuals.
320104. Jurisdiction of States in acquired land.
320105. Criminal penalties.
320106. Limitation on obligation or expenditure of appropriated
amounts.

Sec. 320101. Declaration of national policy

It is declared that it is a national policy to preserve for
public use historic sites, buildings, and objects of national
significance for the inspiration and benefit of the people of
the United States.

Sec. 320102. Powers and duties of Secretary

(a) In General.--The Secretary, acting through the
Director, for the purpose of effectuating the policy
expressed in section 320101 of this title, has the powers and
shall perform the duties set out in this section.
(b) Preservation of Data.--The Secretary shall secure,
collate, and preserve drawings, plans, photographs, and other
data of historic and archeologic sites, buildings, and
objects.
(c) Survey.--The Secretary shall make a survey of historic
and archeologic sites, buildings, and objects for the purpose
of determining which possess exceptional value as
commemorating or illustrating the history of the United
States.
(d) Investigations and Researches.--The Secretary shall
make necessary investigations and researches in the United
States relating to particular sites, buildings, and objects
to obtain accurate historical and archeological facts and
information concerning the sites, buildings, and objects.
(e) Acquisition of Property.--The Secretary may, for the
purpose of this chapter, acquire in the name of the United
States by gift, purchase, or otherwise any property, personal
or real, or any interest or estate in property, title to any
real property to be satisfactory to the Secretary. Property
that is owned by any religious or educational institution or
that is owned or administered for the benefit of the public
shall not be acquired without the consent of the owner. No
property shall be acquired or contract or agreement for the
acquisition of the property made that will obligate the
general fund of the Treasury for the payment of the property,
unless Congress has appropriated money that is available for
that purpose.

[[Page H2218]]

(f) Contracts and Cooperative Agreements.--The Secretary
may contract and make cooperative agreements with States,
municipal subdivisions, corporations, associations, or
individuals, with proper bond where considered advisable, to
protect, preserve, maintain, or operate any historic or
archeologic building, site, or object, or property used in
connection with the building, site, or object, for public
use, regardless whether the title to the building, site,
object, or property is in the United States. No contract or
cooperative agreement shall be made or entered into that will
obligate the general fund of the Treasury unless or until
Congress has appropriated money for that purpose.
(g) Protection of Sites, Buildings, Objects, and
Property.--The Secretary shall restore, reconstruct,
rehabilitate, preserve, and maintain historic or prehistoric
sites, buildings, objects, and property of national
historical or archeological significance and where considered
desirable establish and maintain museums in connection with
the sites, buildings, objects, and property.
(h) Tablets To Mark or Commemorate Places and Events.--The
Secretary shall erect and maintain tablets to mark or
commemorate historic or prehistoric places and events of
national historical or archeological significance.
(i) Operation for Benefit of Public.--The Secretary may
operate and manage historic and archeologic sites, buildings,
and property acquired under this chapter together with land
and subordinate buildings for the benefit of the public and
may charge reasonable visitation fees and grant concessions,
leases, or permits for the use of land, building space,
roads, or trails when necessary or desirable either to
accommodate the public or to facilitate administration. The
Secretary may grant those concessions, leases, or permits and
enter into contracts relating to the contracts, leases, or
permits with responsible persons, firms, or corporations
without advertising and without securing competitive bids.
(j) Corporation To Carry Out Duties.--When the Secretary
determines that it would be administratively burdensome to
restore, reconstruct, operate, or maintain any particular
historic or archeologic site, building, or property donated
to the United States through the Service, the Secretary may
cause the restoration, reconstruction, operation, or
maintenance to be done by organizing a corporation for that
purpose under the laws of the District of Columbia or any
State.
(k) Educational Program and Service.--The Secretary shall
develop an educational program and service for the purpose of
making available to the public information pertaining to
American historic and archeologic sites, buildings, and
properties of national significance. Reasonable charges may
be made for the dissemination of any such information.
(l) Actions and Regulations Necessary To Carry Out
Chapter.--The Secretary shall perform any and all acts and
make regulations not inconsistent with this chapter that may
be necessary and proper to carry out this chapter.

Sec. 320103. Cooperation with governmental and private
agencies and individuals

(a) Authorization of Secretary.--The Secretary may
cooperate with and may seek and accept the assistance of any
Federal, State, or local agency, educational or scientific
institution, patriotic association, or individual.
(b) Technical Advisory Committees.--When the Secretary
considers it necessary, the Secretary may establish technical
advisory committees to act in an advisory capacity in
connection with the restoration or reconstruction of any
historic or prehistoric building or other structure.
(c) Employment of Assistance.--The Secretary may employ
professional and technical assistance and establish service
as may be required to accomplish the purposes of this chapter
and for which money may be appropriated by Congress or made
available by gifts for those purposes.

Sec. 320104. Jurisdiction of States in acquired land

Nothing in this chapter shall be held to deprive any State,
or political subdivision of a State, of its civil and
criminal jurisdiction in and over land acquired by the United
States under this chapter.

Sec. 320105. Criminal penalties

Criminal penalties for a violation of a regulation
authorized by this chapter are provided by section 1866 of
title 18.

Sec. 320106. Limitation on obligation or expenditure of
appropriated amounts

Notwithstanding any other provision of law, no funds
appropriated or otherwise made available to the Secretary to
carry out subsection (f) or (g) of section 320102 of this
title may be obligated or expended--
(1) unless the appropriation of the funds has been
specifically authorized by law enacted on or after October
30, 1992; or
(2) in excess of the amount prescribed by law enacted on or
after October 30, 1992.
Chapter 3203--Monuments, Ruins, Sites, and Objects of Antiquity
Sec.
320301. National monuments.
320302. Permits.
320303. Regulations.

Sec. 320301. National monuments

(a) Presidential Declaration.--The President may, in the
President's discretion, declare by public proclamation
historic landmarks, historic and prehistoric structures, and
other objects of historic or scientific interest that are
situated on land owned or controlled by the Federal
Government to be national monuments.
(b) Reservation of Land.--The President may reserve parcels
of land as a part of the national monuments. The limits of
the parcels shall be confined to the smallest area compatible
with the proper care and management of the objects to be
protected.
(c) Relinquishment to Federal Government.--When an object
is situated on a parcel covered by a bona fide unperfected
claim or held in private ownership, the parcel, or so much of
the parcel as may be necessary for the proper care and
management of the object, may be relinquished to the Federal
Government and the Secretary may accept the relinquishment of
the parcel on behalf of the Federal Government.
(d) Limitation on Extension or Establishment of National
Monuments in Wyoming.--No extension or establishment of
national monuments in Wyoming may be undertaken except by
express authorization of Congress.

Sec. 320302. Permits

(a) Authority To Grant Permit.--The Secretary, the
Secretary of Agriculture, or the Secretary of the Army may
grant a permit for the examination of ruins, the excavation
of archeological sites, and the gathering of objects of
antiquity on land under their respective jurisdictions to an
institution that the Secretary concerned considers properly
qualified to conduct the examination, excavation, or
gathering, subject to such regulations as the Secretary
concerned may prescribe.
(b) Purpose of Examination, Excavation, or Gathering.--A
permit may be granted only if--
(1) the examination, excavation, or gathering is undertaken
for the benefit of a reputable museum, university, college,
or other recognized scientific or educational institution,
with a view to increasing the knowledge of the objects; and
(2) the gathering shall be made for permanent preservation
in a public museum.

Sec. 320303. Regulations

The Secretary, the Secretary of Agriculture, and the
Secretary of the Army shall make and publish uniform
regulations for the purpose of carrying out this chapter.

SEC. 4. CONFORMING AMENDMENTS.

(a) Title 18.--
(1) In general.--Chapter 91 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1865. National Park Service

``(a) Violation of Regulations Relating to Use and
Management of National Park System Units.--A person that
violates any regulation authorized by section 100751(a) of
title 54 shall be imprisoned not more than 6 months, fined
under this title, or both, and be adjudged to pay all cost of
the proceedings.
``(b) Financial Disclosure by Officers or Employees
Performing Functions or Duties Under Subchapter III of
Chapter 1007 of Title 54.--An officer or employee of the
Department of the Interior who is subject to, and knowingly
violates, section 100737 of title 54 or any regulation
prescribed under that section shall be imprisoned not more
than one year, fined under this title, or both.
``(c) Offenses Relating to Structures and Vegetation.--A
person that willfully destroys, mutilates, defaces, injures,
or removes any monument, statue, marker, guidepost, or other
structure, or that willfully destroys, cuts, breaks, injures,
or removes any tree, shrub, or plant within a national
military park shall be imprisoned not less than 15 days nor
more than one year, fined under this title but not less than
$10 for each monument, statue, marker, guidepost, or other
structure, tree, shrub, or plant that is destroyed, defaced,
injured, cut, or removed, or both.
``(d) Trespassing in a National Military Park To Hunt or
Shoot.--An individual who trespasses in a national military
park to hunt or shoot, or hunts game of any kind in a
national military park with a gun or dog, or sets a trap or
net or other device in a national military park to hunt or
catch game of any kind, shall be imprisoned not less than 5
nor more than 30 days, fined under this title, or both.

``Sec. 1866. Historic, archeologic, or prehistoric items and
antiquities

``(a) Violation of Regulations Authorized by Chapter 3201
of Title 54.--A person that violates any of the regulations
authorized by chapter 3201 of title 54 shall be fined under
this title and be adjudged to pay all cost of the
proceedings.
``(b) Appropriation of, Injury to, or Destruction of
Historic or Prehistoric Ruin or Monument or Object of
Antiquity.--A person that appropriates, excavates, injures,
or destroys any historic or prehistoric ruin or monument or
any other object of antiquity that is situated on land owned
or controlled by the Federal Government without the
permission of the head of the Federal agency having
jurisdiction over the land on which the object is situated,
shall be imprisoned not more than 90 days, fined under this
title, or both.''.
(2) Table of contents.--The table of contents of chapter 91
of title 18, United States Code, is amended by adding at the
end the following:

``1865. National Park Service.

[[Page H2219]]

``1866. Historic, archeologic, or prehistoric items and
antiquities.''.
(b) Title 28.--
(1) In general.--Part VI of title 28, United States Code,
is amended by adding at the end the following:

``CHAPTER 190--MISCELLANEOUS

``Sec.
``5001. Civil action for death or personal injury in a place subject
to exclusive jurisdiction of United States.

``Sec. 5001. Civil action for death or personal injury in a
place subject to exclusive jurisdiction of United States

``(a) Death.--In the case of the death of an individual by
the neglect or wrongful act of another in a place subject to
the exclusive jurisdiction of the United States within a
State, a right of action shall exist as though the place were
under the jurisdiction of the State in which the place is
located.
``(b) Personal Injury.--In a civil action brought to
recover on account of an injury sustained in a place
described in subsection (a), the rights of the parties shall
be governed by the law of the State in which the place is
located.''.
(2) Table of contents.--The table of contents of part VI of
title 28, United States Code, is amended by adding at the end
the following:

``190. Miscellaneous........................................ 5001''.

``SECTION 1. COMMERCIAL FILMING.

``(a) Commercial Filming Fee.--
``(1) In general.--The Secretary of the Interior or the
Secretary of Agriculture (hereafter individually referred to
as the `Secretary' with respect to land (except land in a
System unit as defined in section 100102 of title 54, United
States Code) under their respective jurisdictions) shall
require a permit and shall establish a reasonable fee for
commercial filming activities or similar projects on Federal
land administered by the Secretary. The fee shall provide a
fair return to the United States and shall be based on the
following criteria:
``(A) The number of days the filming activity or similar
project takes place on Federal land under the Secretary's
jurisdiction.
``(B) The size of the film crew present on Federal land
under the Secretary's jurisdiction.
``(C) The amount and type of equipment present.
``(2) Other factors.--The Secretary may include other
factors in determining an appropriate fee as the Secretary
considers necessary.
``(b) Recovery of Costs.--The Secretary shall collect any
costs incurred as a result of filming activities or similar
project, including administrative and personnel costs. All
costs recovered shall be in addition to the fee assessed in
subsection (a).
``(c) Still Photography.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall not require a permit nor assess a fee for
still photography on land administered by the Secretary if
such photography takes place where members of the public are
generally allowed. The Secretary may require a permit, fee,
or both, if such photography takes place at other locations
where members of the public are generally not allowed, or
where additional administrative costs are likely.
``(2) Exception.--The Secretary shall require and shall
establish a reasonable fee for still photography that uses
models or props which are not a part of the site's natural or
cultural resources or administrative facilities.
``(d) Protection of Resources.--The Secretary shall not
permit any filming, still photography or other related
activity if the Secretary determines that--
``(1) there is a likelihood of resource damage;
``(2) there would be an unreasonable disruption of the
public's use and enjoyment of the site; or
``(3) the activity poses health or safety risks to the
public.
``(e) Use of Proceeds.--
``(1) Fees.--All fees collected under this section shall be
available for expenditure by the Secretary, without further
appropriation and shall remain available until expended.
``(2) Costs.--All costs recovered under this section shall
be available for expenditure by the Secretary, without
further appropriation, at the site where the costs are
collected and shall remain available until expended.
``(f) Processing of Permit Applications.--The Secretary
shall establish a process to ensure that the Secretary
responds in a timely manner to permit applicants for
commercial filming, still photography, or other activity.''.
(d) Public Law 111-24.--Section 512 of Public Law 111-24
(123 Stat. 1764) is amended to read as follows:

``SEC. 512. PROTECTION OF RIGHT OF INDIVIDUALS TO BEAR ARMS

``(a) Congressional Findings.--Congress finds the
following:
``(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 27.42 of title 50, Code of Federal
Regulations, provides that, except in special circumstances,
citizens of the United States may not `possess, use, or
transport firearms on national wildlife refuges' of the
United States Fish and Wildlife Service.
``(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 units of the National Wildlife Refuge System.
``(4) The existence of different laws relating to the
transportation and possession of firearms at different units
of the National Wildlife Refuge System entrapped law-abiding
gun owners while at units of the National Wildlife Refuge
System.
``(5) Although the Bush administration issued new
regulations relating to the 2d amendment rights of law-
abiding citizens in units of the National Wildlife Refuge
System that went into effect on January 9, 2009--
``(A) on March 19, 2009, the United States District Court
for the District of Columbia granted a preliminary injunction
with respect to the implementation and enforcement of the new
regulations; and
``(B) the new regulations--
``(i) are under review by the 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
90,790,000 acres of land under the jurisdiction of the United
States Fish and Wildlife Service.
``(7) Federal laws should make it clear that the 2d
amendment rights of an individual at a unit of the National
Wildlife Refuge System should not be infringed.
``(b) Protection of Right of Individuals To Bear arms in
Units of the National Wildlife Refuge System.--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 unit of the National
Wildlife Refuge System if--
``(1) the individual is not otherwise prohibited by law
from possessing the firearm; and
``(2) the possession of the firearm is in compliance with
the law of the State in which the unit of the National
Wildlife Refuge System is located.''.

SEC. 5. CONFORMING CROSS-REFERENCES.

(a) Title 7, United States Code.--Section 32(e) of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)) is amended
by striking ``the Land and Water Conservation Fund Act of
1965 (78 Stat. 897)'' and substituting ``chapter 2003 of
title 54, United States Code''.
(b) Title 10, United States Code.--Section 2684(c)(1) of
title 10, United States Code, is amended by striking
``section 101(a) of the National Historic Preservation Act
(16 U.S.C. 470a(a))'' and substituting ``section 2023.01 of
title 54''.
(c) Title 15, United States Code.--Section 1072(a)(3)(D) of
the Alaska Natural Gas Pipeline Act (15 U.S.C. 720(a)(3)(D))
is amended by striking ``the National Historic Preservation
Act (16 U.S.C. 470 et seq.)'' and substituting ``chapter 2003
of title 54, United States Code''.
(d) Title 16, United States Code.--
(1) Section 6 of Public Law 89-72 (16 U.S.C. 460l-17) is
amended--
(A) in subsection (a), by striking ``subsection 5(d) of the
Land and Water Conservation Fund Act of 1965 (78 Stat. 897)''
and substituting ``section 200305(d) of title 54, United
States Code''; and
(B) in subsection (g), by striking ``Subsection 6(a)(2) of
the Land and Water Development Fund Act of 1965 (78 Stat.
897)'' and substituting ``section 200306(a)(3) of title 54,
United States Code,''.
(2) Section 8 of Public Law 90-540 (16 U.S.C. 460v-7) is
amended by striking ``section 6 of the Act of September 3,
1964 (78 Stat. 897, 903)'' and substituting ``section 200306
of title 54, United States Code''.
(3) Section 7(c) of the Springs Mountain National
Recreation Area Act (16 U.S.C. 460hhh-5(c)) is amended by
striking ``section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-9)'' and substituting ``section
100506 of title 54, United States Code''.
(4) Section 5(b) of Public Law 103-64 (16 U.S.C. 460iii-
4(b)) is amended by striking ``section 7(a) of the Land and
Water Conservation Fund Act of 1964 (16 U.S.C. 460l-9(a))''
and substituting ``section 200306(a) of title 54, United
States Code''.
(5) Section 702(a) of the Steens Mountain Cooperative
Management and Protection Act of 2000 (16 U.S.C. 460nnn-
122(a)) is amended by striking ``section 2 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5)'' and
substituting ``section 200302 of title 54, United States
Code,''.
(6) Section 4 of the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470cc) is amended--
(A) in subsection (h)--
(i) in paragraph (1), by striking ``the Act of June 8, 1906
(16 U.S.C. 431-433)'' and substituting ``chapter 3203 of
title 54, United States Code''; and
(ii) in paragraph (2), by striking ``the Act of June 8,
1906'' each place it appears and substituting ``chapter 3203
of title 54, United States Code''; and
(B) in subsection (i), by striking ``section 106 of the Act
of October 15, 1966 (80 Stat. 917, 16 U.S.C. 470f)'' and
substituting ``section 306108 of title 54, United States
Code''.
(7) Section 5 of the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470dd) is amended by striking ``the
Act of June 27, 1960 (16 U.S.C. 469-469c) or the Act of June
8, 1906 (16 U.S.C. 431-433)'' and substituting ``chapter 3125
or chapter 3203 of title 54, United States Code''.

[[Page H2220]]

(8) Section 9(a)(2) of the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470hh(a)(2)) is amended by
striking ``the Act of June 27, 1960 (16 U.S.C. 469-469c)''
and substituting ``chapter 3125 of title 54, United States
Code''.
(9) Section 6311(1) of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 470aaa-10(1)) is amended by striking
``Public Law 94-429 (commonly known as the `Mining in the
Parks Act' (16 U.S.C. 1901 et seq.)'' and substituting
``subchapter 3 of chapter 1007 of title 54, United States
Code''.
(10) Section 502(h)(1)(B) of the National Parks and
Recreation Act of 1998 (16 U.S.C. 471i(h)(1)(B)) is amended
by striking ``the Land and Water Conservation Fund Act'' and
substituting ``chapter 2003 of title 54, United States
Code''.
(11) Section 339(f)(4)(H) of the Department of the Interior
and Related Agencies Appropriations Act, 2000 (Public Law
106-113, div. B, Sec. 1000(a)(3), title III, 16 U.S.C. 528
note), is amended by striking ``Section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a)'' and
substituting ``Section 100904 of title 54, United States
Code''.
(12) Section 6(d) of the Alaska Land Status Technical
Corrections Act of 1992 (Public Law 102-415, 16 U.S.C. 539
note) is amended by striking ``section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9)'' and
substituting ``section 100506 of title 54, United States
Code''.
(13) Section 2(b) of the Greer Spring Acquisition and
Protection Act of 1991 (Public Law 102-220, 16 U.S.C. 539h
note) is amended by striking ``section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9)'' and
substituting ``section 100506 of title 54, United States
Code''.
(14) Section 606 of the Interstate 90 Land Exchange Act of
1998 (Public Law 105-277, div. A, Sec. 101(e), title VI, 16
U.S.C. 539k note) is amended--
(A) in subsection (a)(3), by striking ``section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
9)'' and substituting ``section 100506 of title 54, United
States Code,'';
(B) in subsection (b)(2), by striking ``the National
Historic Preservation Act'' and substituting ``division A of
subtitle III of title 54, United States Code''; and
(C) in subsection (g)(1), by striking ``the National
Historic Preservation Act'' and substituting ``division A of
subtitle III of title 54, United States Code,''.
(15) Section 6 of Public Law 93-535 (16 U.S.C. 541e) is
amended by striking ``clause 7(a)(1) of the Act of September
3, 1964 (78 Stat. 903), as amended'' and substituting
``section 200306(a)(2) of title 54, United States Code''.
(16) Section 14(e)(3)(D)(iii) of the Columbia River Gorge
National Scenic Area Act (16 U.S.C. 544l(e)(3)(D)(iii)) is
amended by striking ``the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 through 11)'' and substituting
``chapter 2003 of title 54, United States Code,''.
(17) Section 16(a)(1) of the Columbia River Gorge National
Scenic Area Act (16 U.S.C. 544n(a)(1) is amended by striking
``the Land and Water Conservation Fund (16 U.S.C. 460l-4 and
following)'' and substituting ``chapter 2003 of title 54,
United States Code,''.
(18) Section 3(b) of the Saint Helena Island National
Scenic Area Act (16 U.S.C. 546a(b)) is amended by striking
``section 8 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-9)'' and substituting ``section 100506
of title 54, United States Code''.
(19) Section 6(a) of the Act of June 22, 1948 (known as the
Thye-Blatnik Act) (16 U.S.C. 577h(a)) is amended by striking
``the Land and Water Conservation Fund Act (78 Stat. 897), as
amended'' and substituting ``chapter 2003 of title 54, United
States Code''.
(20) Section 104(f) of the Valles Caldera Preservation Act
(16 U.S.C. 688v-2(f)) is amended by striking ``section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-9)'' and substituting ``section 100506 of title 54,
United States Code''.
(21) Section 4(a)(3) of the Wilderness Act (16 U.S.C.
1133(a)(3)) is amended--
(A) by striking ``the Act of August 25, 1916'' and
substituting ``section 100101(b)(1), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101 of title 54,
United States Code''; and
(B) by striking ``the Act of June 8, 1906 (34 Stat. 225; 16
U.S.C. 432 et seq); section 3(2) of the Federal Power Act (16
U.S.C. 796(2)); and the Act of August 21, 1935 (49 Stat. 666;
16 U.S.C. 461 et seq.)'' and substituting ``section 3(2) of
the Federal Power Act (16 U.S.C. 796(2)); and chapters 3201
and 3203 of title 54, United States Code''.
(22) Section 5 of Public Law 90-454 (16 U.S.C. 1225) is
amended by striking ``the Land and Water Conservation Fund
Act of 1965 (78 Stat. 897)'' and substituting ``chapter 2003
of title 54, United States Code''.
(23) Section 7(h)(1) of the National Trails System Act (16
U.S.C. 1246(h)(1) is amended by striking ``the Volunteers in
the Parks Act of 1969'' and substituting ``section 102301 of
title 54, United States Code,''.
(24) Section 8(a) of the National Trails System Act (16
U.S.C. 1247(a)) is amended--
(A) by striking ``the Land and Water Conservation Fund
Act'' and substituting ``chapter 2003 of title 54, United
States Code'';
(B) by striking ``the Act of October 15, 1966 (80 Stat.
915), as amended'' and substituting ``division A of subtitle
III of title 54, United States Code''; and
(C) by striking ``the Act of May 28, 1963 (77 Stat. 49''
and substituting ``chapter 2003 of title 54, United States
Code''.
(25) Section 9(e)(3) of the National Trails System Act (16
U.S.C. 1248 (e)(3)) is amended by striking ``section 2 of the
Land and Water Conservation Fund Act of 1965'' and
substituting ``section 200302 of title 54, United States
Code''.
(26) Section 10(a)(1) of the National Trails System Act (16
U.S.C. 1249(a)(1)) is amended by striking ``the Land and
Water Conservation Fund Act (78 Stat. 897), as amended'' and
substituting ``chapter 2003 of title 54, United States
Code''.
(27) Section 11(a)(2) of the National Trails System Act (16
U.S.C. 1250(a)(2)) is amended--
(A) by striking ``the Volunteers in the Parks Act of 1969''
and substituting ``section 102301 of title 54, United States
Code''; and
(B) by striking ``section 6 of the Land and Water
Conservation Fund Act of 1965'' and substituting ``200305 of
title 54, United States Code''.
(28) Section 12(4) of the National Trails System Act (16
U.S.C. 1251(4)) is amended by striking ``the Land and Water
Conservation Fund Act of 1965'' and substituting ``chapter
2003 of title 54, United States Code,''.
(29) Section 2(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1273(a)) is amended by striking ``the Land and Water
Conservation Act of 1965'' and substituting ``chapter 2003 of
title 54, United States Code,''.
(30) Section 7(d) of the Wild and Scenic Rivers Act (16
U.S.C. 1278(d)) is amended by striking ``the Land and Water
Conservation Fund Act of 1965'' and substituting ``chapter
2003 of title 54, United States Code''.
(31) Section 11 of the Wild and Scenic Rivers Act (16
U.S.C. 1282) is amended--
(A) in subsection (a), by striking ``the Land and Water
Conservation Fund Act of 1965 (78 Stat. 897'' and
substituting ``chapter 2003 of title 54, United States
Code''; and
(B) in subsection (b)(2)--
(i) in subparagraph (A), by striking ``the Volunteers in
the Parks Act of 1969'' and substituting ``section 102301 of
title 54, United States Code,''; and
(ii) in subparagraph (B), by striking ``the Land and Water
Conservation Fund Act of 1965'' and substituting ``chapter
2003 of title 54, United States Code''.
(32) Section 5(b) of the Endangered Species Act of 1973 (16
U.S.C. 1534(b) is amended by striking ``the Land and Water
Conservation Fund Act of 1965, as amended'' and substituting
``chapter 2003 of title 54, United States Code''.
(33) Section 815(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3125(4)'' is amended--
(A) by striking ``the National Park Service Organic Act (39
Stat. 535, 16 U.S.C. 1, 2, 3, 4)'' and substituting ``section
100101(b)(1), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of title 54, United States Code''; and
(B) by adding ``or such title'' after ``such Acts''.
(34) Section 6(a)(6)(C) of the Coastal Barrier Act of 1968
(16 U.S.C. 3505(a)(6)(C)) is amended by striking ``the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4
through 11)'' and substituting ``chapter 2003 of title 54,
United States Code,''.
(35) Section 11 of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3710) is amended by
striking ``Public Law 90-209 (16 U.S.C. 19e et seq.)'' and
substituting ``subchapter II of chapter 1011 of title 54,
United States Code''.
(36) Section 805(f)(1) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6804(f)(1)) is amended--
(A) by striking ``(16 U.S.C. 460l-6a)''; and
(B) by striking ``; 16 U.S.C. 5991-5995''.
(37) Section 813 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6812) is amended--
(A) in subsection (A), by striking ``(16 U.S.C. 460l-6a et
seq.)'';
(B) in subsection (b), by striking ``; 16 U.S.C. 460l-6a'';
(C) in subsection (c)--
(i) in paragraph (1), by striking ``; 16 U.S.C. 5982''; and
(ii) in paragraph (2), by striking ``; 16 U.S.C. 5991-
5995''; and
(D) in subsection (e)--
(i) in paragraph (1), by striking ``(16 U.S.C. 460l-
6a(i)(1))'';
(ii) in paragraph (2), by striking ``; 16 U.S.C. 5991-
5995''; and
(iii) in paragraph (3), by striking ``; 16 U.S.C. 460l-
6a''.
(e) Title 20, United States Code.--
(1) Section 2 of the Act of August 15, 1949 (20 U.S.C. 78a)
is amended by striking ``the Act of June 8, 1906 (16 U.S.C.
432, 433)'' and substituting ``section 1866(b) of title 18,
United States Code, and sections 320302 and 320303 of title
54, United States Code''.
(2) Section 1517(a)(3) of the American Indian, Alaska
Native, and Native Hawaiian Culture and Art Development Act
(20 U.S.C. 4424(a)(3)) is amended by striking ``the National
Historic Preservation Act (16 U.S.C. 470 et seq.)'' and
substituting ``division A of subtitle III of title 54, United
States Code''.
(3) Section 7202(13)(E) of the Native Hawaiian Education
Act (20 U.S.C. 7512(13)(D)) is amended by striking `` the
National Historic Preservation Act (16 U.S.C. 470 et seq.)''
and substituting ``division A of subtitle III of title 54,
United States Code''.
(f) Title 23, United States Code.--
(1) Section 103(c)(5) of title 23, United States Code, is
amended--

[[Page H2221]]

(A) in subparagraph (B)(i), by striking ``section 106 of
the National Historic Preservation Act (16 U.S.C. 470f)'' and
substituting ``section 306108 of title 54''; and
(B) in subparagraph (C), by striking ``section 106 of the
National Historic Preservation Act (16 U.S.C. 470f)'' and
substituting ``section 306108 of title 54''.
(2) Section 138(b)(2)(A) of title 23, United States Code,
is amended by striking ``section 106 of the National Historic
Preservation Act (16 U.S.C. 470f)'' and substituting
``section 306108 of title 54''.
(3) Section 206 of title 23, United States Code, is
amended--
(A) in subsection (d)(1)(B), by striking ``the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et
seq.)'' and substituting ``chapter 2003 of title 54'';
(B) in subsection (d)(2)(D)(ii), by striking ``the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et
seq.)'' and substituting ``chapter 2003 of title 54''; and
(C) in subsection (h)(3), by striking ``section 6(f)(3) of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-8(f)(3))'' and substituting ``section 200305(f)(3) of
title 54''.
(g) Title 25, United States Code.--Section 509(a) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 458aaa-8(a)) is amended by striking ``the National
Historic Preservation Act (16 U.S.C. 470et seq.)'' and
substituting ``division A of subtitle III of title 54, United
States Code''.
(h) Title 26, United States Code.--Section 9503(c)(3)(A)(i)
of the Internal Revenue Code of 1986 (26 U.S.C.
9503(c)(3)(A)(i)) is amended by striking ``title I of the
Land and Water Conservation Fund Act of 1965'' and
substituting ``chapter 2003 of title 54''.
(i) Title 36, United States Code.--Section 153513(a)(1) of
title 36, United States Code, is amended by striking ``the
Act of August 25, 1916 (16 U.S.C. 1 et seq.) (known as the
National Park Service Organic Act)'' and substituting
``section 100101(a), chapter 1003, and sections 100751(a),
100752, 100753, and 102101 of title 54, United States Code''.
(j) Title 40, United States Code.--
(1) Section 549(c)(3)(B)(ix) of title 40, United States
code, is amended--
(A) by striking ``section 308(e)(2) of the National
Historic Preservation Act (16 U.S.C. 470w-7(e)(2))'' and
substituting ``section 305101(4) of title 54''; and
(B) by striking ``subsection (b) of that section'' and
substituting ``section 305103 of title 54''.
(2) Section 550(h)(1)(B) of title 40, United States Code,
is amended by striking ``section 3 of the Act of August 21,
1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings,
and Antiquities Act)'' and substituting ``section 102303 of
title 54''.
(3) Section 1303(c) of title 40, United States Code, is
amended by striking ``the Act of August 21, 1935 (16 U.S.C.
461 et seq.) (known as the Historic Sites, Buildings, and
Antiquities Act)'' and substituting ``chapter 3201 of title
54''.
(4) Section 1314(a)(2)(A)(ii) of title 40, United States
Code, is amended by striking ``the Act of August 25, 1916 (16
U.S.C. 1, 2, 3, 4) (known as the National Park Service
Organic Act)'' and substituting ``section 100101(a), chapter
1003, and sections 100751(a), 100752, 100753, and 102101 of
title 54''.
(5) Section 3303(c) of title 40, United States Code, is
amended by striking ``title II of the National Historic
Preservation Act (16 U.S.C. 470i et seq.)'' and substituting
``section 304101 of title 54''.
(6) Section 3306(a)(4) of title 40, United States Code, is
amended by striking ``section 101 of the National Historic
Preservation Act (16 U.S.C. 470a)'' and substituting
``chapter 3021 of title 54''.
(7) Section 14507(a)(1)(A)(ii) of title 40, United States
Code, is amended by striking ``the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.)''
and substituting ``chapter 2003 of title 54''.
(k) Title 42, United States Code.--
(1) Section 303(2) of the Water Resources Planning Act (42
U.S.C. 1962c-2(2)) is amended by striking ``the Land and
Water Conservation Fund Act of 1965'' and substituting
``chapter 2003 of title 54, United States Code''.
(2) Section 208(2) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is
amended by striking ``section 5(e) of the Land And Water
Conservation Fund Act of 1965'' and substituting ``section
200305(e) of title 54, United States Code''.
(3) Section 5(c) of the Department of Housing and Urban
Development Act (42 U.S.C. 3534(c)) is amended by striking
``the Land and Water Conservation Fund Act of 1965 (78 Stat.
897)'' and substituting ``chapter 2003 of title 54, United
States Code,''.
(4) Section 121 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5320) is amended--
(A) by amending subsection (a) to read as follows:
``(a) With respect to applications for assistance under
section 5318 of this title, the Secretary of the Interior,
after consulting with the Secretary, shall prescribe and
implement regulations concerning projects funded under
section 5318 of this title and their relationship with
division A of subtitle III and chapter 3125 of title 54,
United States Code.'';
and
(B) in subsection (c), by striking ``section 106 of the Act
referred to in subsection (a)(1)'' and substituting ``section
306108 of title 54, United States Code,''.
(5) Section 504(c)(2) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12204(c)(2)) is amended by striking
``the National Historic Preservation Act (16 U.S.C. 470 et
seq.)'' and substituting ``division A of subtitle III of
title 54, United States Code''.
(6) Section 999H(c)(2) of the Energy Policy Act of 2005
Energy Research, Development, Demonstration, and Commercial
Application Act of 2005 (42 U.S.C. 16378(c)(2)) is amended--
(A) in subparagraph (B), by striking ``section 2(c) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
5(c))'' and substituting ``section 200302(c) of title 54,
United States Code''; and
(B) in subparagraph (C), by striking ``section 108 of the
National Historic Preservation Act (16 U.S.C. 470h)'' and
substituting ``chapter 3031 of title 54, United States
Code''.
(l) Title 43, United States Code.--
(1) The second paragraph under the heading ``administrative
provisions'' under the heading ``Bureau of Reclamation'' (43
U.S.C. 377b) is amended by striking ``the Acts of August 21,
1935 (16 U.S.C. 461-467) and June 27 1960 (16 U.S.C. 469)''
and substituting ``chapters 3125 and 3201 of title 54, United
States Code''.
(2) Section 105 of the Gulf of Mexico Energy Security Act
of 2006 (Public Law 109-432, div. C, title I, 43 U.S.C. 1331
note) is amended--
(A) in subsection (a)(2)(B)--
(i) by striking ``section 6 of the Land And Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8)'' and
substituting ``section 200305 of title 54, United States
Code''; and
(ii) by striking ``section 2 of that Act (16 U.S.C. 460l-
5)'' and substituting ``section 200302 of that title''; and
(B) in subsection (e)(3)(B), by striking ``the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et
seq.)'' and substituting ``chapter 2003 of title 54, United
States Code''.
(3) Section 1401(b) of the Omnibus Budget Reconciliation
Act of 1981 (43 U.S.C. 1457a(b)) is amended--
(A) by striking ``the Land and Water Conservation Fund Act
of 1965 (78 Stat; 897; 16 U.S.C. 460z)'' and substituting
``chapter 2003 of title 54, United States Code'';
(B) by striking ``the National Historic Preservation Act of
1966 (80 Stat. 915; 16 U.S.C. 470)'' and substituting
``division A of subtitle III of title 54, United States
Code''; and
(C) by striking ``the Urban Park and Recreation Recovery
Act of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.)'' and
substituting ``chapter 2005 of title 54, United States
Code''.
(4) The paragraph under the heading ``natural resource
damage assessment and restoration fund'' under the heading
``United States Fish and Wildlife Service'' in Public Law
103-138 (43 U.S.C. 1474b-1) is omitted by striking ``the Act
of July 27, 1990 (Public Law 101-337)'' and substituting
``subchapter II of chapter 1007 of title 54, United States
Code,''.
(5) Section 7(e)(3) of the Colorado River Floodway
Protection Act (43 U.S.C. 1600e(e)(3)) is amended by striking
``the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-4 through 11)'' and substituting ``chapter 2003 of title
54, United States Code''.
(6) Section 202(c)(9) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by
striking ``the Act of September 3, 1964 (78 Stat. 897), as
amended'' and substituting ``chapter 2003 of title 54, United
States Code''.
(7) Section 204(j) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1714(j)) is amended by
striking ``the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C.
431-433)'' and substituting ``chapter 3203 of title 54,
United States Code''.
(8) Section 201(d)(3)(E) of the Consolidated Natural
Resources Act of 2008 (43 U.S.C. 1786(d)(3)(E)) is amended by
striking ``the National Historic Preservation Act (16 U.S.C.
470 et seq.)'' and substituting ``division A of subtitle III
of title 54, United States Code,''.
(9) Section 206 of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305) is amended--
(A) in subsection (e), by striking ``the Land and Water
Conservation Fund Act (16 U.S.C. 460l-4 et seq.)'' and
substituting ``chapter 2003 of title 54, United States
Code''; and
(B) in subsection (f)(2), by striking ``section 3 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
6)'' and substituting ``section 200303 of title 54, United
States Code''.
(m) Title 45, United States Code.--
(1) Section 1168(a) of the Omnibus Budget Reconciliation
Act of 1981 (45 U.S.C. 1111(a)) is amended by striking ``the
National Historic Preservation Act'' and substituting
``division A of subtitle III of title 54, United States
Code''.
(2) Section 613(a) of the Alaska Railroad Transfer Act of
1982 (45 U.S.C. 1212(a)) is amended by striking ``the
National Historic Preservation Act (16 U.S.C. 470 et seq.)''
and substituting ``division A of subtitle III of title 54,
United States Code''.
(n) Title 46, United States Code.--Section 13102(b)(2) of
title 46, United States Code, is amended by striking ``the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
4--460-11)'' and substituting ``chapter 2003 of title 54,
United States Code,''.
(o) Title 48, United States Code.--
(1) Section 105(l) of Public Law 99-239 (known as the
Compact of Free Association Amendments Act of 2003) (48
U.S.C. 1905(l)) is

[[Page H2222]]

amended by striking ``the National Historic Preservation Act
(80 Stat. 915; 16 U.S.C. 470-470t)'' and substituting
``division A of subtitle III of title 54, United States
Code''.
(2) Section 105(j) of Public Law 108-188 (known as the
Compact of Free Association Act of 1985) (48 U.S.C. 1921(d))
is amended by striking ``the National Historic Preservation
Act (80 Stat. 915; 16 U.S.C. 470-470t)'' and substituting
``division A of subtitle III of title 54, United States
Code''.
(p) Title 49, United States Code.--Section 303(d)(2) of
title 49, United States Code, is amended by striking
``section 106 of the National Historic Preservation Act (16
U.S.C. 470f)'' and substituting ``section 306108 of title 54,
United States Code''.

SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS.

(a) Definitions.--In this section:
(1) Source provision.--The term ``source provision'' means
a provision of law that is replaced by a title 54 provision.
(2) Title 54 provision.--The term ``title 54 provision''
means a provision of title 54, United States Code, that is
enacted by section 3.
(b) Cutoff Date.--The title 54 provisions replace certain
provisions of law enacted on or before January 15, 2013. If a
law enacted after that date amends or repeals a source
provision, that law is deemed to amend or repeal, as the case
may be, the corresponding title 54 provision. If a law
enacted after that date is otherwise inconsistent with a
title 54 provision or a provision of this Act, that law
supersedes the title 54 provision or provision of this Act to
the extent of the inconsistency.
(c) Original Date of Enactment Unchanged.--For purposes of
determining whether one provision of law supersedes another
based on enactment later in time, a title 54 provision is
deemed to have been enacted on the date of enactment of the
source provision that the title 54 provision replaces.
(d) References to Title 54 Provisions.--A reference to a
title 54 provision is deemed to refer to the corresponding
source provision.
(e) References to Source Provisions.--A reference to a
source provision, including a reference in a regulation,
order, or other law, is deemed to refer to the corresponding
title 54 provision.
(f) Regulations, Orders, and Other Administrative
Actions.--A regulation, order, or other administrative action
in effect under a source provision continues in effect under
the corresponding title 54 provision.
(g) Actions Taken and Offenses Committed.--An action taken
or an offense committed under a source provision is deemed to
have been taken or committed under the corresponding title 54
provision.

SEC. 7. REPEALS.

The following provisions of law are repealed, except with
respect to rights and duties that matured, penalties that
were incurred, or proceedings that were begun before the date
of enactment of this Act:

Schedule of Laws Repealed
Statutes at Large deg.
----------------------------------------------------------------------------------------------------------------
United States Code Former
Act Section Classification
----------------------------------------------------------------------------------------------------------------

Act of February 15, 1901 (ch. 372 relating to ............................. 16 U.S.C. 79

Act of June 8, 1906 (ch. 3060).................... 1 16 U.S.C. 433
2 16 U.S.C. 431
3 16 U.S.C. 432
4 16 U.S.C. 432

Act of March 4, 1911 (ch. 238 (4th and last ............................. 16 U.S.C. 5
paragraphs (relating to System units) under
heading ``Improvement of the National Forest''
under heading ``Forest Service'')................

Act of August 25, 1916 (ch. 408).................. 1 16 U.S.C. 1
2 16 U.S.C. 2
3 16 U.S.C. 3
4 16 U.S.C. 4

Act of June 12, 1917 (ch. 27)..................... 1 (21st undesignated 16 U.S.C. 452
paragraph under heading
``national parks'')

Act of June 5, 1920 (ch. 235)..................... 1 (2d undesignated paragraph 16 U.S.C. 6
under heading ``national
parks'')

Act of May 24, 1922 (ch. 199)..................... (1st sentence in 9th 16 U.S.C. 452
undesignated paragraph under
heading ``NATIONAL PARKS'')

Act of April 9, 1924 (ch. 86)..................... 1 16 U.S.C. 8
4 16 U.S.C. 8a
5 16 U.S.C. 8b
6 16 U.S.C. 8c

Act of May 10, 1926 (ch. 277)..................... 1 (28th undesignated 16 U.S.C. 456
paragraph under heading
``NATIONAL PARKS'')
1 (last undesignated 16 U.S.C. 11
paragraph under heading
``NATIONAL PARKS'')

Act of June 11, 1926 (ch. 555).................... 1 16 U.S.C. 455
2 16 U.S.C. 455a
3 16 U.S.C. 455b
4 16 U.S.C. 455c

Act of July 3, 1926 (ch. 792)..................... 1 16 U.S.C. 12
2 16 U.S.C. 13

Act of February 1, 1928 (ch. 15).................. ............................. 16 U.S.C. 457

[[Page H2223]]

Act of March 7, 1928 (ch. 137).................... 1 (28th undesignated 16 U.S.C. 15
paragraph under heading
``NATIONAL PARK SERVICE'')

Act of March 8, 1928 (ch. 152).................... ............................. 16 U.S.C. 458

Act of April 18, 1930 (ch. 187)................... ............................. 16 U.S.C. 16

Act of May 26, 1930 (ch. 324)..................... 1 16 U.S.C. 17
3 16 U.S.C. 17b
4 16 U.S.C. 17c
5 16 U.S.C. 17d
6 16 U.S.C. 17e
7 16 U.S.C. 17f
8 16 U.S.C. 17g
9 16 U.S.C. 17h
10 16 U.S.C. 17i
11 16 U.S.C. 17j

Act of March 4, 1931 (ch. 522).................... title I (proviso in last 16 U.S.C. 9a
undesignated paragraph under
heading ``national park
service'')

Act of March 2, 1933 (ch. 180).................... 1 16 U.S.C. 9a

Act of May 9, 1935 (ch. 101)...................... 1 (34th undesignated 16 U.S.C. 14b, 456a
paragraph under heading
``NATIONAL PARK SERVICE'')

Act of August 21, 1935 (ch. 593).................. 1 16 U.S.C. 461
2 16 U.S.C. 462
3 16 U.S.C. 463
4 16 U.S.C. 464
5 16 U.S.C. 465
6 16 U.S.C. 466
7 16 U.S.C. 467

Act of June 23, 1936 (ch. 735).................... 1 16 U.S.C. 17k
2 16 U.S.C. 17l
3 16 U.S.C. 17m
4 16 U.S.C. 17n

Act of May 10, 1939 (ch. 119)..................... 1 (41st undesignated 16 U.S.C. 14a
paragraph under heading
``NATIONAL PARK SERVICE'')

Act of June 18, 1940 (ch. 395).................... 1 (proviso in 3d undesignated 16 U.S.C. 17j-1
paragraph under heading
``NATIONAL PARK SERVICE'')

Act of August 27, 1940 (ch. 690).................. 1 16 U.S.C. 458a

Act of June 28, 1941 (ch. 259).................... 1 (41st undesignated 16 U.S.C. 14c
paragraph under heading
``NATIONAL PARK SERVICE'')

Act of August 7, 1946 (ch. 788)................... (b) through (g) 16 U.S.C. 17j-2(b) through
(g)
(i), (j) 16 U.S.C. 17j-2(i), (j)

Act of June 3, 1948 (ch. 401)..................... 1 16 U.S.C. 8e
2 16 U.S.C. 8f

Act of October 26, 1949 (ch. 755)................. 1 16 U.S.C. 468
2 16 U.S.C. 468a
3 16 U.S.C. 468b
4 16 U.S.C. 468c
5 16 U.S.C. 468d

Act of March 18, 1950 (ch. 72).................... 1 16 U.S.C. 7a

[[Page H2224]]

2 16 U.S.C. 7b
3 16 U.S.C. 7c
4 16 U.S.C. 7d
5 16 U.S.C. 7e

Act of September 14, 1950 (ch. 950)............... 1 (last sentence proviso 16 U.S.C. 431a
relating to national
monuments)
1 (last sentence proviso 16 U.S.C. 451a
relating to national parks)

Act of August 8, 1953 (ch. 384)................... 1 (less (3)) 16 U.S.C. 1b (less (3))
2 16 U.S.C. 1c
3 16 U.S.C. 1d

Act of August 31, 1954 (ch. 1163)................. ............................. 16 U.S.C. 452a

Act of July 1, 1955 (ch. 259)..................... 1 16 U.S.C. 18f
2 16 U.S.C. 18f-2
3 16 U.S.C. 18f-3

Public Law 86-523................................. 2 16 U.S.C. 469a
3 16 U.S.C. 469a-1
4 16 U.S.C. 469a-2
5 16 U.S.C. 469a-3
6 16 U.S.C. 469b
7 16 U.S.C. 469c
8 16 U.S.C. 469c-1

Public Law 87-608................................. ............................. 16 U.S.C. 3b

Public Law 88-29.................................. 1 16 U.S.C. 460l
2 16 U.S.C. 460l-1
3 16 U.S.C. 460l-2
4 16 U.S.C. 460l-3

Land and Water Conservation Fund Act of 1965 (Pub. title I, Sec. 2 16 U.S.C. 460l-5
L. 88-578).......................................
title I, Sec. 3 16 U.S.C. 460l-6
title I, Sec. 4(i)(1)(C) 16 U.S.C. 460l-6a(i)(1)(C)
title I, Sec. 4(j) through 16 U.S.C. 460l-6a(j) through
(n) (n)
title I, Sec. 5 16 U.S.C. 460l-7
title I, Sec. 6 16 U.S.C. 460l-8
title I, Sec. 7 16 U.S.C. 460l-9
title I, Sec. 8 16 U.S.C. 460l-10
title I, Sec. 9 16 U.S.C. 460l-10a
title I, Sec. 10 16 U.S.C. 460l-10b
title I, Sec. 11 16 U.S.C. 460l-10c
title I, Sec. 12 16 U.S.C. 460l-10d
title I, Sec. 13 16 U.S.C. 460l-10e
title II, Sec. 201 16 U.S.C. 460l-11

National Historic Preservation Act (Pub. L. 89- 2 16 U.S.C. 470-1
665).............................................
101 16 U.S.C. 470a
102 16 U.S.C. 470b
103 16 U.S.C. 470c
104 16 U.S.C. 470d
105 16 U.S.C. 470e
106 16 U.S.C. 470f
107 16 U.S.C. 470g
108 16 U.S.C. 470h
109 16 U.S.C. 470h-1
110 16 U.S.C. 470h-2
111 16 U.S.C. 470h-3
112 16 U.S.C. 470h-4
113 16 U.S.C. 470h-5
201 16 U.S.C. 470i
202 16 U.S.C. 470j
203 16 U.S.C. 470k
204 16 U.S.C. 470l
205 16 U.S.C. 470m
206 16 U.S.C. 470n
207 16 U.S.C. 470o
208 16 U.S.C. 470p
209 16 U.S.C. 470q
210 16 U.S.C. 470r
211 16 U.S.C. 470s
212 16 U.S.C. 470t
213 16 U.S.C. 470u
214 16 U.S.C. 470v
215 16 U.S.C. 470v-1
216 16 U.S.C. 470v-2
301 16 U.S.C. 470w

[[Page H2225]]

302 16 U.S.C. 470w-1
303 16 U.S.C. 470w-2
304 16 U.S.C. 470w-3
305 16 U.S.C. 470w-4
306 16 U.S.C. 470w-5
307 16 U.S.C. 470w-6
308 16 U.S.C. 470w-7
309 16 U.S.C. 470w-8
401 16 U.S.C. 470x
402 16 U.S.C. 470x-1
403 16 U.S.C. 470x-2
404 16 U.S.C. 470x-3
405 16 U.S.C. 470x-4
406 16 U.S.C. 470x-5
407 16 U.S.C. 470x-6

Demonstration Cities and Metropolitan Development 603 16 U.S.C. 470b-1
Act of 1966 (Pub. L. 89-754).....................

Public Law 90-209................................. 1 16 U.S.C. 19e
2 16 U.S.C. 19f
3 16 U.S.C. 19g
4 16 U.S.C. 19h
5 16 U.S.C. 19i
6 16 U.S.C. 19j
7 16 U.S.C. 19k
8 16 U.S.C. 19l
9 16 U.S.C. 19m
10 16 U.S.C. 19n
11 16 U.S.C. 19o

Public Law 90-401................................. 5 16 U.S.C. 460l-22

Volunteers in the Parks Act of 1969 (Pub. L. 91- 1 16 U.S.C. 18g
357).............................................
2 16 U.S.C. 18h
3 16 U.S.C. 18i
4 16 U.S.C. 18j

Public Law 91-383................................. 1 16 U.S.C. 1a-1
3 16 U.S.C. 1a-2
6 16 U.S.C. 1a-3
7 16 U.S.C. 1a-4
8 16 U.S.C. 1a-5
10 16 U.S.C. 1a-6
12 16 U.S.C. 1a-7
13 16 U.S.C. 1a-7a

Public Law 94-429................................. 1 16 U.S.C. 1901
2 16 U.S.C. 1902
4 16 U.S.C. 1903
5 16 U.S.C. 1904
6 16 U.S.C. 1905
7 16 U.S.C. 1906
8 16 U.S.C. 1907
9 16 U.S.C. 1908
10 16 U.S.C. 1909
11 16 U.S.C. 1910
12 16 U.S.C. 1911
13 16 U.S.C. 1912

Public Law 95-344................................. title III, Sec. 302 16 U.S.C. 2302
title III, Sec. 303 16 U.S.C. 2303
title III, Sec. 304 16 U.S.C. 2304
title III, Sec. 305 16 U.S.C. 2305
title III, Sec. 306 16 U.S.C. 2306

Urban Park and Recreation Recovery Act of 1978 title X, Sec. 1004 16 U.S.C. 2503
(Pub. L. 95-625).................................
title X, Sec. 1005 16 U.S.C. 2304
title X, Sec. 1006 16 U.S.C. 2305
title X, Sec. 1007 16 U.S.C. 2306
title X, Sec. 1008 16 U.S.C. 2307
title X, Sec. 1009 16 U.S.C. 2308
title X, Sec. 1010 16 U.S.C. 2309
title X, Sec. 1011 16 U.S.C. 2310
title X, Sec. 1012 16 U.S.C. 2311
title X, Sec. 1013 16 U.S.C. 2312
title X, Sec. 1014 16 U.S.C. 2313
title X, Sec. 1015 16 U.S.C. 2314

Public Law 96-199................................. title I, Sec. 120 16 U.S.C. 467b

National Historic Preservation Act Amendments of 208 16 U.S.C. 469c-2
1980 (Pub. L. 96-515)............................
401 16 U.S.C. 470a-1
402 16 U.S.C. 470a-2

[[Page H2226]]

Public Law. 98-473................................ title I, Sec. 101(c) [title 16 U.S.C. 1e
I, Sec. 100]

Public Law 98-540................................. 4(a) 16 U.S.C. 1a-8(a)

International Security and Development Cooperation 1303 16 U.S.C. 469j
Act of 1985 (Pub. L. 99-83)......................

Public Law 101-337................................ 1 19jj
2 19jj-1
3 19jj-2
4 19jj-3
5 19jj-4

Public Law 101-628................................ title XII, Sec. 1213 16 U.S.C. 1a-9
title XII, Sec. 1214 16 U.S.C. 1a-10
title XII, Sec. 1215 16 U.S.C. 1a-11
title XII, Sec. 1216 16 U.S.C. 1a-12
title XII, Sec. 1217 16 U.S.C. 1a-13

Department of the Interior and Related Agencies title I (1st proviso in 16 U.S.C. 14d
Appropriations Act, 1993 (Pub. L. 102-381)....... paragraph under heading
``administrative provisions''
under heading ``National Park
Service'')

Public Law 102-525................................ title III, Sec. 301 16 U.S.C. 1a-14

Department of the Interior and Related Agencies title I (3d proviso in 16 U.S.C. 3a
Appropriations Act, 1994 (Pub. L. 103-138)....... paragraph under heading
``administrative provisions''
under heading ``National Park
Service'')

National Maritime Heritage Act of 1994 (Pub. L. 3 16 U.S.C. 5402
103-451).........................................
4 16 U.S.C. 5403
5 16 U.S.C. 5404
6 16 U.S.C. 5405
7 16 U.S.C. 5406
8 16 U.S.C. 5407
9 16 U.S.C. 5408

Omnibus Consolidated Appropriations Act, 1997 div. A, title I, Sec. 101(d) 16 U.S.C. 1g
(Pub. L. 104-208)................................ [title I (3d undesignated
paragraph under heading
``administrative provisions''
under heading ``National Park
Service'')]

Omnibus Parks and Public Lands Management Act of div. I, title VI, Sec. 604 16 U.S.C. 469k
1996 (Pub. L. 104-333)...........................
div. I, title VIII, Sec. 16 U.S.C. 17o(2) through (19)
814(a)(2) through (19)
div. I, title VIII, Sec. 16 U.S.C. 1f
814(g)

National Underground Railroad Network to Freedom 3 16 U.S.C. 469l-1
Act of 1998 (Pub. L. 105-203)....................
4 16 U.S.C. 469l-2
5 16 U.S.C. 469l-3

Strom Thurmond National Defense Authorization Act div. A, title X, Sec. 1068 16 U.S.C. 5409
for Fiscal Year 1999 (Pub. L. 105-261)...........

National Parks Omnibus Management Act of 1998 2 16 U.S.C. 5901
(Pub. L. 105-391)................................
101 16 U.S.C. 5911
102 16 U.S.C. 5912
103 16 U.S.C. 5913
104 16 U.S.C. 5914
201 16 U.S.C. 5931
202 16 U.S.C. 5932
203 16 U.S.C. 5933
204 16 U.S.C. 5934
205 16 U.S.C. 5935
206 16 U.S.C. 5936

[[Page H2227]]

207 16 U.S.C. 5937
402 16 U.S.C. 5951
403 16 U.S.C. 5952
404 16 U.S.C. 5953
405 16 U.S.C. 5954
406 16 U.S.C. 5955
407 16 U.S.C. 5956
408 16 U.S.C. 5957
409 16 U.S.C. 5958
410 16 U.S.C. 5959
411 16 U.S.C. 5960
412 16 U.S.C. 5961
413 16 U.S C. 5962
414 16 U.S.C. 5963
416 16 U.S.C. 5964
417 16 U.S.C. 5965
418 16 U.S.C. 5966
501 16 U.S.C. 5981
801 16 U.S.C. 6011

Public Law 106-206................................ 1 (relating to National Park 16 U.S.C. 460l-6d (relating
System) to National Park System)

Department of the Interior and Related Agencies title I (paragraph under 16 U.S.C. 14e
Appropriations Act, 2002 (Pub. L. 107-63)........ heading ``contribution for
annuity benefits'' under
heading ``National Park
Service'')

Consolidated Appropriations Resolution, 2003 (Pub. div. F, title I (words before 16 U.S.C. 1h
L. 108-7)........................................ proviso in last undesignated
paragraph under heading
``administrative provisions''
under heading ``National Park
Service'')
div. F, title I (proviso in 16 U.S.C. 1i
last undesignated paragraph
under heading
``administrative provisions''
under heading ``National Park
Service'')

Consolidated Appropriations Act of 2008 (Pub. L. div. F, title I (1st 16 U.S.C. 5954 note
110-161)......................................... paragraph under heading
``administrative provisions''
under heading ``National Park
Service'')

Consolidated Natural Resources Act of 2008 (Pub. title III, subtitle A, Sec. 16 U.S.C. 1j
L. 110-229)...................................... 301

Omnibus Public Land Management Act of 2009 (Pub. title VII, subtitle B, Sec. 16 U.S.C. 469m(b)
L. 111-11)....................................... 7111(b)
title VII, subtitle B, Sec. 16 U.S.C. 469m(c)
7111(c)
title VII, subtitle D, Sec. 16 U.S.C. 469k-1)(b), (c)
7301(b), (c)
title VII, subtitle D, Sec. 16 U.S.C. 469n(b) through (f)
7302(b) through (f)
title VII, subtitle D, Sec. 16 U.S.C. 469o
7303
Credit Card Accountability Responsibility and title V, Sec. 512 (relating 16 U.S.C. 1a-7b (relating to
Disclosure Act of 2009 (Pub. L. 111-24).......... to National Park System) National Park System)
----------------------------------------------------------------------------------------------------------------

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentlewoman from California (Ms. Bass)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.

General Leave

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 1068 currently under
consideration, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume
and rise to bring before the House H.R. 1068, a bill to enact title 54,
United

[[Page H2228]]

States Code, ``National Park Service and Related Programs'', as
positive law.
Until now, laws relating to the organization and management of the
National Park System have been clarified as part of title 16--not in
one distinct place but, rather, dispersed throughout the title. Over
time, these code clarifications have become very cumbersome to use.
Ranking Member Conyers and I introduced this bill to organize all of
the provisions relating to the National Park System and restate them as
a new positive law title of the United States Code.
The new positive law provisions replace the existing provisions which
are repealed by the bill. All changes made by this bill are purely
technical in nature. This bill was prepared by the Office of the Law
Revision Counsel of the House of Representatives as part of its ongoing
responsibility to prepare and submit periodically to the Committee on
the Judiciary, one title at a time, a complete compilation,
restatement, and revision of the general and permanent laws of the
United States.
The bill was prepared in accordance with the statutory standard for
codification legislation, which is that the restatement shall conform
to the understood policy, intent, and purpose of Congress in the
original enactments, with such amendments and corrections as will
remove ambiguities, contradictions, and other imperfections.
H.R. 1068 will ensure that the U.S. Code is accurate, up-to-date, and
usable. For these reasons, I urge my colleagues to support this bill,
and I reserve the balance of my time.
Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I'm pleased to join Chairman Goodlatte in supporting
H.R. 1068, as amended.
Chairman Goodlatte and Ranking Member Conyers introduced this
commonsense, noncontroversial bill that enjoys strong bipartisan
support.
This legislation was drafted by the Office of the Law Revision
Counsel as part of its ongoing statutory responsibility to prepare and
submit to the Judiciary Committee a complete compilation, restatement,
and revision of the general and permanent laws of the United States.
H.R. 1068 concerns the National Park System, which is managed by the
National Park Service. As many of us know, numerous laws relating to
these entities have been enacted since the mid-19th century. These laws
include, for example, the Historic Sites, Buildings, and Antiquities
Act, the National Historic Preservation Act, and other provisions
intended to protect and preserve sites that document our Nation's
history.
These laws have been codified in scattered sections of title 16 of
the United States Code. In addition, as laws relating to the National
Park System were amended and new laws enacted pertaining to these
provisions, the code classifications have become cumbersome to use.
H.R. 1068 is not intended to make any significant changes in the law.
As is typical with the codification process, a number of minor
revisions are made, including the reorganization of the sections into a
more coherent overall structure.
This measure collects provisions relating to the establishment and
administration of the National Park System, outdoor recreation programs
that the Secretary of the Interior administers, and the responsibility
of the Secretary to preserve historic sites, buildings, objects, and
antiquities--all of which are currently found in various places
throughout title 16 of the United States Code--and restates these
provisions as a new positive law title of the code.

{time} 1640

On March 14, 2013, the Judiciary Committee ordered H.R. 1068
favorably reported by voice vote. The amended version of the bill that
we are considering on the floor today is essentially the same as the
version reported by the committee except that it makes minor
typographical corrections.
I commend the chairman and ranking member for their leadership on
this bill. I urge my colleagues to support this legislation.
I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I want to thank the gentlewoman from
California, Congresswoman Bass, for her support in helping us move this
legislation through the House today. It is a technical correction, but
an important improvement to our United States Code; and I urge my
colleagues to support it.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 1068, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

____________________