[Congressional Record (Bound Edition), Volume 158 (2012), Part 9]
[House]
[Pages 12859-12913]
[From the U.S. Government Publishing Office, www.gpo.gov]




    RECODIFICATION OF EXISTING LAWS RELATED TO NATIONAL PARK SERVICE

  Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1950) to enact title 54, United States Code, ``National 
Park System'', as positive law, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1950

       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:

          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

[[Page 12860]]

     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;
       (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

[[Page 12861]]

     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.
       (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

[[Page 12862]]

       (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.
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;

[[Page 12863]]

       (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.

          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

[[Page 12864]]

     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

       (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) 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

[[Page 12865]]

     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 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 thate 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

[[Page 12866]]

     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.  Dispostion 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--
       (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.

[[Page 12867]]



     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
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.

[[Page 12868]]



                  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 
     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.

[[Page 12869]]



                         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.
       (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.

[[Page 12870]]



     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 
     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.

[[Page 12871]]



     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.
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

[[Page 12872]]

     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.
       (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,

[[Page 12873]]

     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, 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

[[Page 12874]]

       (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.
       (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

[[Page 12875]]

     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 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

[[Page 12876]]

     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 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

[[Page 12877]]

     institutions exempt from 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 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.

[[Page 12878]]

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.
       (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

[[Page 12879]]

     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.

     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

[[Page 12880]]

       (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.
       (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

[[Page 12881]]

       (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.
       (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.

[[Page 12882]]

       (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 April 1, 2013, 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 April 1, 2012; and
       (2) 80 percent of the floor stocks refunds made before 
     April 1, 2013, 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.

        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.

[[Page 12883]]

       (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 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;

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       (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 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;

[[Page 12885]]

       (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 dustruct, 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;
       (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

[[Page 12886]]

     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.
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.--

[[Page 12887]]

       (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.  Reguirements 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;
       (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

[[Page 12888]]

     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 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

[[Page 12889]]

     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.

     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.

[[Page 12890]]



     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 lender 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 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:

[[Page 12891]]

       (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
       (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

[[Page 12892]]

     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.
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.

[[Page 12893]]

       (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 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

[[Page 12894]]

     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;
       (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;

[[Page 12895]]

       (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, 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

[[Page 12896]]

     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.
       (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

[[Page 12897]]

     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 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

[[Page 12898]]

     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.

     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--

[[Page 12899]]

       (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 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

[[Page 12900]]

       (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.
       (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.

[[Page 12901]]



     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.  Authoriztion 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.
       (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 
                                Sstates

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;

[[Page 12902]]

       (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 
     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

[[Page 12903]]

     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--
       (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.

[[Page 12904]]



     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.
       (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.

     Chaper 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

[[Page 12905]]

     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.
``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''.
       (c) Act of May 26, 2000.--Section 1 of Public Law 106-206 
     (114 Stat. 314) is amended to read as follows:

     ``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,

[[Page 12906]]

     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''.
       (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--

[[Page 12907]]

       (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--
       (A) in subparagraph (B), 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 133(e)(5)(B) of title 23, United States Code, 
     is amended--
       (A) by striking ``title II of the National Historic 
     Preservation Act (16 U.S.C. 470i et seq.)'' and substituting 
     ``section 304101 of title 54''; and
       (B) by striking ``section 106 of such Act (16 U.S.C. 
     470f)'' and substituting ``section 306108 of title 54''.
       (3) 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''.
       (4) 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 substitle 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--

[[Page 12908]]

       (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 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 3, 2012. 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

[[Page 12909]]

 
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
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
                                                                               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

[[Page 12910]]

 
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
                                                                             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

[[Page 12911]]

 
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
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)...........................

[[Page 12912]]

 
                                                        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
                                                                             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 
Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within

[[Page 12913]]

which to revise and extend their remarks and include extraneous 
materials on H.R. 1950, as amended, currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the rules of the House entrust to the Judiciary 
Committee the responsibilities of revision and codification of the 
statutes of the United States. This power does not give our committee 
substantive legislative jurisdiction over all areas of law; it merely 
confers the authority to organize duly enacted laws into an efficient 
codification system.
  The nonpartisan Office of the Law Revision Counsel is responsible for 
properly codifying public laws into titles and sections of the United 
States Code. From time to time, that office provides the Judiciary 
Committee advice as to how to enact a more user-friendly and cohesive 
statutory system.
  This spring, Republican and Democratic committee staff worked 
cooperatively with the Office of the Law Revision Counsel to develop 
H.R. 1950. The bill creates a new title of positive law--title 54--to 
compile all of the laws that relate to the National Park System.
  Codification bills do not make any substantive changes to existing 
law. Before the Judiciary Committee marked up H.R. 1950, industries, 
government, and interested parties commented on the draft. Based on 
their comments, I offered a manager's amendment in committee to further 
ensure this bill makes no changes to substantive law.
  I encourage my colleagues to support this bill, and I reserve the 
balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 1950. Dating back to the mid-19th century, 
numerous laws have been enacted pertaining to the organization and 
management of the National Park System by the National Park Service.
  The Service is also responsible for carrying out the Historic Sites, 
Buildings, and Antiquities Act, the National Historic Preservation Act, 
and other laws relating to the protection and preservation of sites 
that illustrate America's history.
  Over the ensuing years, laws specifying the Service's 
responsibilities have been codified in various sections of title 16 of 
the United States Code. And as laws relating to the National Park 
Service were amended and new laws were added to the Code, 
classifications have become more cumbersome to use.

                              {time}  1940

  H.R. 1950 simply gathers all of these provisions pertaining to the 
National Park Service and restates them in a new positive law title of 
the United States Code. The new title 54 of the Code replaces and 
repeals these provisions of the former law.
  All changes in existing law made by H.R. 1950 are purely technical, 
and they reflect the understood policy, intent, and purpose of Congress 
in the original enactments. These changes include corrections to remove 
ambiguities, contradictions, and other imperfections.
  We should note that this measure was drafted by the Office of the Law 
Revision Counsel as part of that office's ongoing statutory 
responsibility to ``prepare a complete compilation, restatement, and 
revision of the general and permanent laws of the United States.''
  I commend the Office of the Law Revision Counsel for its good work on 
H.R. 1950 and for its many valuable contributions to our legislative 
process.
  Mr. Speaker, accordingly, I urge my colleagues to support the 
measure.
  I yield back the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Smith) that the House suspend the rules and 
pass the bill, H.R. 1950, 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. SCOTT of Virginia. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________