    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-287
    113th Congress

    An Act

    To enact title 54, United States Code, ``National Park Service and
    Related Programs'', as positive law. <>

    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.
    General Provisions                                    100101
    Establishment, Directors, and Other Employees         100301
    Areas of National Park System                         100501
    Resource Management                                   100701
    Administration                                        100901
    Donations                                             101101
    Employees                                             101301

    [[Page 3095]]

    Transportation                                        101501
    Financial Agreements                                  101701
    Concessions and Commercial Use Authorizations         101901
    Privileges and Leases                                 102101
    Programs and Organizations                            102301
    Museums                                               102501
    Law Enforcement and Emergency Assistance              102701
    Land Transfers                                        102901
    Appropriations and Accounting                         103101
    National Military Parks                               103301
    1035

    through 1047

    Reserved
    Miscellaneous                                         104901

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

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

    Subtitle III--National Preservation Programs

    Division A--Historic Preservation

    Subdivision 1--General Provisions
    Policy                                                300101
    Definitions                                           300301

    Subdivision 2--Historic Preservation Program
    National Register of Historic Places                  302101
    State Historic Preservation Programs                  302301
    Certification of Local Governments                    302501
    Historic Preservation Programs and Authorities for    302701
    Indian Tribes and Native Hawaiian Organizations
    Grants                                                302901
    Historic Preservation Fund                            303101
    3033

    Through 3037

    Reserved
    Miscellaneous                                         303901

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

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

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

    Subdivision 6--Miscellaneous
    Miscellaneous                                         307101

    Division B--Organizations and Programs

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

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

    Subdivision 3--Administered by Other Than National
    Park Service
    National Trust for Historic Preservation in the United312101
    States
    Commission for the Preservation of America's Heritage 312301
    Abroad
    Preservation of Historical and Archeological Data     312501

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

    [[Page 3096]]

    Subtitle I--National Park System

    Division A--Establishment and General Administration

    Chapter 1001--General Provisions

    Sec.
    100101.  Promotion and regulation.
    100102.  Definitions.

    Sec. 100101. Promotion and regulation

    (a) In General.--The Secretary, acting through the Director of the
    National Park Service, shall promote and regulate the use of the
    National Park System by means and measures that conform to the
    fundamental purpose of the System units, which purpose is to conserve
    the scenery, natural and historic objects, and wild life in the System
    units and to provide for the enjoyment of the scenery, natural and
    historic objects, and wild life in such manner and by such means as will
    leave them unimpaired for the enjoyment of future generations.
    (b) Declarations.--
    (1) 1970 declarations.--Congress declares that--
    (A) the National Park System, which began with
    establishment of Yellowstone National Park in 1872, has
    since grown to include superlative natural, historic,
    and recreation areas in every major region of the United
    States and its territories and possessions;
    (B) these areas, though distinct in character, are
    united through their interrelated purposes and resources
    into one National Park System as cumulative expressions
    of a single national heritage;
    (C) individually and collectively, these areas derive
    increased national dignity and recognition of their
    superb environmental quality through their inclusion
    jointly with each other in one System preserved and
    managed for the benefit and inspiration of all the
    people of the United States; and
    (D) it is the purpose of this division to include all
    these areas in the System and to clarify the authorities
    applicable to the System.
    (2) 1978 reaffirmation.--Congress reaffirms, declares, and
    directs that the promotion and regulation of the various System
    units shall be consistent with and founded in the purpose
    established by subsection (a), to the common benefit of all the
    people of the United States. The authorization of activities
    shall be construed and the protection, management, and
    administration of the System units shall be conducted in light
    of the high public value and integrity of the System and shall
    not be exercised in derogation of the values and purposes for
    which the System units have been established, except as directly
    and specifically provided by Congress.

    Sec. 100102. Definitions

    In this title:

    [[Page 3097]]

    (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.

    [[Page 3098]]

    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

    [[Page 3099]]

    (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

    [[Page 3100]]

    less often than every 3 years) submit to the Committee on Natural
    Resources and the Committee on Appropriations of the House of
    Representatives and the Committee on Energy and Natural Resources and
    the Committee on Appropriations of the Senate a report on the findings
    of the review, together with recommendations as the Secretary determines
    to be necessary.
    (b) Consultation.--In conducting and preparing the report, the
    Secretary shall consult with appropriate officials of affected Federal,
    State, and local agencies and national, regional, and local
    organizations. The consultation shall include holding public hearings
    that the Secretary determines to be appropriate to provide a full
    opportunity for public comment.
    (c) Contents of report.--The report shall contain the following:
    (1) A comprehensive listing of all authorized but unacquired
    parcels of land within the exterior boundaries of each System
    unit as of November 28, 1990.
    (2) A priority listing of all those unacquired parcels by
    System unit and for the System as a whole. The list shall
    describe the acreage and ownership of each parcel, the estimated
    cost of acquisition for each parcel (subject to any statutory
    acquisition limitations for the land), and the basis for the
    estimate.
    (3) An analysis and evaluation of the current and future needs
    of each System unit for resource management, interpretation,
    construction, operation and maintenance, personnel, and housing,
    together with an estimate of the costs.

    Sec. 100506. Boundary changes to System units

    (a) Criteria for Evaluation.--The Secretary shall maintain criteria to
    evaluate any proposed changes to the boundaries of System units,
    including--
    (1) analysis of whether or not an existing boundary provides
    for the adequate protection and preservation of the natural,
    historic, cultural, scenic and recreational resources integral
    to the System unit;
    (2) an evaluation of each parcel proposed for addition or
    deletion to a System unit based on the analysis under paragraph
    (1); and
    (3) an assessment of the impact of potential boundary
    adjustments taking into consideration the factors in section
    100505(c)(3) of this title and the effect of the adjustments on
    the local communities and surrounding area.

    (b) Proposal of Secretary.--In proposing a boundary change to a System
    unit, the Secretary shall--
    (1) consult with affected agencies of State and local
    governments, surrounding communities, affected landowners, and
    private national, regional, and local organizations;
    (2) apply the criteria developed pursuant to subsection (a)
    and accompany the proposal with a statement reflecting the
    results of the application of the criteria; and
    (3) include with the proposal an estimate of the cost for
    acquiring any parcels proposed for acquisition, the basis for
    the estimate, and a statement on the relative priority for the
    acquisition of each parcel within the priorities for acquisition
    of other parcels for the System unit and for the System.

    (c) Minor Boundary Changes.--
    (1) In general.--When the Secretary determines that to do so
    will contribute to, and is necessary for, the proper

    [[Page 3101]]

    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,

    [[Page 3102]]

    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

    [[Page 3103]]

    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

    [[Page 3104]]

    contain a recommendation regarding the Secretary's preferred
    management option for the area.

    (d) List of Areas Previously Studied.--
    (1) Submission of list.--At the beginning of each calendar
    year, with the annual budget submission, the Secretary shall
    submit to the Committee on Natural Resources of the House of
    Representatives and the Committee on Energy and Natural
    Resources of the Senate, in numerical order of priority for
    addition to the System--
    (A) a list of areas that have been previously studied
    that contain primarily historical resources; and
    (B) a list of areas that have been previously studied
    that contain primarily natural resources.
    (2) Considerations.--In developing the lists, the Secretary
    should consider threats to resource values, cost escalation
    factors, and other factors listed in subsection (c).
    (3) Areas eligible for inclusion.--The Secretary should
    include on the lists only areas for which the supporting data
    are current and accurate.

    (e) List of Areas That Exhibit Danger or Threats to the Integrity of
    Their Resources.--At the beginning of each fiscal year, the Secretary
    shall submit to the Speaker of the House of Representatives and the
    President of the Senate a complete and current list of all areas listed
    on the Registry of Natural Landmarks, and areas of national significance
    listed on the National Register of Historic places, that exhibit known
    or anticipated damage or threats to the integrity of their resources,
    with notations as to the nature and severity of the damage or threats.
    (f) Reports and Listings Printed as House Documents.--Each report and
    annual listing described in this section shall be printed as a House
    document. If adequate supplies of previously printed identical reports
    remain available, newly submitted identical reports shall be omitted
    from printing on receipt by the Speaker of the House of Representatives
    of a joint letter from the chairman of the Committee on Natural
    Resources of the House of Representatives and the chairman of the
    Committee on Energy and Natural Resources of Senate indicating that to
    be the case.
    (g) Designation of Office.--The Secretary shall designate a single
    office to prepare all new area studies and to implement other functions
    under this section.
    (h) Authorization of Appropriations.--
    (1) Studies of potential new system units and monitoring the
    welfare of system unit resources.--To carry out studies for
    potential new System units and for monitoring the welfare of
    historical and natural resources referred to in subparagraphs
    (A) and (B) of subsection (d)(1), there is authorized to be
    appropriated not more than $1,000,000 for each fiscal year.
    (2) Monitoring welfare and integrity of national landmarks.--
    To monitor the welfare and integrity of the national landmarks,
    there is authorized to be appropriated not more than $1,500,000
    for each fiscal year.
    (3) Carrying out subsections (b), (c), and (g).--To carry out
    subsections (b), (c), and (g), there is authorized to be
    appropriated $2,000,000 for each fiscal year.

    [[Page 3105]]

    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

    [[Page 3106]]

    of System resources. The monitoring program shall be developed in
    cooperation with other Federal monitoring and information collection
    efforts to ensure a cost-effective approach.

    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:

    [[Page 3107]]

    (1) Damages.--The term ``damages'' includes--
    (A) compensation for--
    (i)(I) the cost of replacing, restoring, or
    acquiring the equivalent of a System unit
    resource; and
    (II) the value of any significant loss of use of
    a System unit resource pending its restoration or
    replacement or the acquisition of an equivalent
    resource; or
    (ii) the value of the System unit resource if
    the System unit resource cannot be replaced or
    restored; and
    (B) the cost of a damage assessment under section
    100723(b) of this title.
    (2) Response costs.--The term ``response costs'' means the
    costs of actions taken by the Secretary to--
    (A) prevent or minimize destruction or loss of or
    injury to a System unit resource;
    (B) abate or minimize the imminent risk of the
    destruction, loss, or injury; or
    (C) monitor ongoing effects of incidents causing the
    destruction, loss, or injury.
    (3) System unit resource.--
    (A) In general.--The term ``System unit resource''
    means any living or non-living resource that is located
    within the boundaries of a System unit.
    (B) Exclusion.--The term ``System unit resource'' does
    not include a resource owned by a non-Federal entity.

    Sec. 100722. Liability

    (a) In General.--Subject to subsection (c), any person that destroys,
    causes the loss of, or injures any System unit resource is liable to the
    United States for response costs and damages resulting from the
    destruction, loss, or injury.
    (b) Liability In Rem.--Any instrumentality, including a vessel,
    vehicle, aircraft, or other equipment, that destroys, causes the loss
    of, or injures any System unit resource shall be liable in rem to the
    United States for response costs and damages resulting from the
    destruction, loss, or injury to the same extent as a person is liable
    under subsection (a).
    (c) Defenses.--A person is not liable under this section if the person
    establishes that--
    (1) the destruction, loss of, or injury to the System unit
    resource was caused solely by an act of God or an act of war;
    (2) the person acted with due care, and the destruction, loss
    of, or injury to the System unit resource was caused solely by
    an act or omission of a 3d party, other than an employee or
    agent of the person; or
    (3) the destruction, loss, or injury to the System unit
    resource was caused by an activity authorized by Federal or
    State law.

    (d) Scope.--Liability under this section is in addition to any other
    liability that may arise under Federal or State law.

    Sec. 100723. Actions

    (a) Civil Action for Response Costs and Damages.--The Attorney
    General, on request of the Secretary after a finding by the Secretary of
    destruction, loss, or injury to a System unit resource or a finding that
    absent the undertaking of a response action,

    [[Page 3108]]

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

    Sec. 100724. Use of recovered amounts

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

    (b) Excess Amounts.--Any amounts remaining after expenditures pursuant
    to paragraphs (1) and (2) of subsection (a) shall be deposited in the
    Treasury.

    Sec. 100725. Donations

    The Secretary may accept donations of money or services for
    expenditure or employment to meet expected, immediate, or ongoing
    response costs. The donations may be expended or employed at any time
    after their acceptance, without further Congressional action.

    [[Page 3109]]

    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.

    [[Page 3110]]

    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.

    [[Page 3111]]

    (d) Criminal Penalties.--Criminal penalties for a violation of this
    section are provided by section 1865 of title 18.

    Subchapter IV--Administration

    Sec. 100751. Regulations

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

    Sec. 100752. Destruction of animals and plant life

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

    Sec. 100753. Disposal of timber

    The Secretary, on terms and conditions to be fixed by the Secretary,
    may sell or dispose of timber in cases where, in the judgment of the
    Secretary, the cutting of timber is required to control attacks of
    insects or diseases or otherwise conserve the scenery or the natural or
    historic objects in any System unit.

    Sec. 100754. Relinquishment of legislative jurisdiction

    (a) In General.--Notwithstanding any other provision of law, the
    Secretary may relinquish to a State or a territory (including a
    possession) of the United States part of the legislative jurisdiction of
    the United States over System land or interests in land in that State or
    territory. Relinquishment may be accomplished--
    (1) by filing with the chief executive official of the State
    or territory a notice of relinquishment to take effect on
    acceptance; or
    (2) as the laws of the State or territory may otherwise
    provide.

    (b) Submission of Agreement to Congress.--Prior to consummating a
    relinquishment under subsection (a), the Secretary shall submit the
    proposed agreement to the Committee on Energy and Natural Resources of
    the Senate and the Committee on Natural Resources of the House of
    Representatives. The Secretary shall not finalize the agreement until 60
    calendar days after the submission has elapsed.
    (c) Concurrent Legislative Jurisdiction.--The Secretary shall
    diligently pursue the consummation of arrangements with each State or
    territory within which a System unit is located so that insofar as
    practicable the United States shall exercise concurrent legislative
    jurisdiction within System units.

    [[Page 3112]]

    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

    [[Page 3113]]

    rent equipment, to persons and agencies that, in cooperation with and
    subject to the approval of the Secretary, render services or perform
    functions that facilitate or supplement the activities of the Department
    of the Interior in the administration of the System. The reimbursements
    may be credited to the appropriation current at the time reimbursements
    are received.
    (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.--

    [[Page 3114]]

    (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.

    [[Page 3115]]

    (3) Approval.--A right of way under this subsection shall be
    allowed within or through a System unit only on the approval of
    the Secretary and on a finding that the right of way is not
    incompatible with the public interest.
    (4) Forfeiture and annulment.--The Secretary may forfeit and
    annul any part of a right of way under this subsection for--
    (A) nonuse for a period of 2 years; or
    (B) abandonment.

    Sec. 100903.  Solid waste disposal operations

    (a) In General--To protect the air, land, water, and natural and
    cultural values of the System and the property of the United States in
    the System, no solid waste disposal site (including any site for the
    disposal of domestic or industrial solid waste) may be operated within
    the boundary of any System unit, other than--
    (1) a site that was operating as of September 1, 1984; or
    (2) a site used only for disposal of waste generated within
    that System unit so long as the site will not degrade any of the
    natural or cultural resources of the System unit.

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

    Sec. 100904. Admission and special recreation use fees

    (a) System Units at Which Entrance Fees or Admissions Fees Cannot Be
    Collected.--
    (1) Withholding of amounts.--Notwithstanding section 107 of
    the Department of the Interior and Related Agencies
    Appropriations Act, 1998 (Public Law 105-83, 111 Stat. 1561),
    the Secretary shall withhold from the special account under
    section 807(a) of the Federal Lands Recreation Enhancement Act
    (16 U.S.C. 6806(a)) 100 percent of the fees and charges
    collected in connection with any System unit at which entrance
    fees or admission fees cannot be collected by reason of deed
    restrictions.
    (2) Use of amounts.--Amounts withheld under paragraph (1)
    shall be retained by the Secretary and shall be available,
    without further appropriation, for expenditure by the Secretary
    for the System unit with respect to which the amounts were
    collected for the purposes of enhancing the quality of the
    visitor experience, protection of resources, repair and
    maintenance, interpretation, signage, habitat or facility
    enhancement, resource preservation, annual operation (including
    fee collection), maintenance, and law enforcement.

    (b) Allocation of Funds to System Units.--
    (1) Allocation of funds on basis of need.--Ten percent of the
    funds made available to the Director under subsection (a) in
    each fiscal year shall be allocated among System units on the
    basis of need in a manner to be determined by the Director.
    (2) Allocation of funds based on expenses and based on fees
    collected.--
    (A) In general.--Forty percent of the funds made
    available to the Director under subsection (a) in each
    fiscal year shall be allocated among System units in
    accordance

    [[Page 3116]]

    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

    [[Page 3117]]

    be deposited in the same manner as receipts from fees collected
    pursuant to this section. Fifty percent of the amount retained
    shall be expended only for maintenance of transportation systems
    at the System unit where the charge was imposed. The remaining
    50 percent of the retained amount shall be expended only for
    activities related to resource protection at those System units.

    (e) Admission Fees.--Where the primary public access to a System unit
    is provided by a concessioner, the Secretary may charge an admission fee
    at the System unit only to the extent that the total of the fee charged
    by the concessioner for access to the System unit and the admission fee
    does not exceed the maximum amount of the admission fee that could
    otherwise be imposed.
    (f) Commercial Tour Use Fees.--
    (1) Establishment.--In the case of each System unit for which
    an admission fee is charged under this section, the Secretary
    shall establish a commercial tour use fee to be imposed on each
    vehicle entering the System unit for the purpose of providing
    commercial tour services within the System unit.
    (2) Amount.--The Secretary shall establish the amount of fee
    per entry as follows:
    (A) Twenty-five dollars per vehicle with a passenger
    capacity of 25 individuals or less.
    (B) Fifty dollars per vehicle with a passenger
    capacity of more than 25 individuals.
    (3) Adjustments.--The Secretary may periodically make
    reasonable adjustments to the commercial tour use fee imposed
    under this subsection.
    (4) Nonapplicability.--The commercial tour use fee imposed
    under this subsection shall not apply to the following:
    (A) Any vehicle transporting organized school groups
    or outings conducted for educational purposes by schools
    or other bona fide educational institutions.
    (B) Any vehicle entering a System unit pursuant to a
    contract issued under subchapter II of chapter 1019 of
    this title.
    (5) Applicability.--This subsection shall apply to aircraft
    entering the airspace of--
    (A) Haleakala Crater, Crater Cabins, the Scientific
    Research Reserve, Halemauu Trail, Kaupo Gap Trail, or
    any designated tourist viewpoint in Haleakala National
    Park or of Grand Canyon National Park; or
    (B) any other System unit for the specific purpose of
    providing commercial tour services if the Secretary
    determines that the level of the services is equal to or
    greater than the level at the System units specified in
    subparagraph (A).

    Sec. 100905. Commercial filming

    (a) Commercial Filming Fee.--
    (1) In general.--The Secretary shall require a permit and
    shall establish a reasonable fee for commercial filming
    activities or similar projects in a System unit. The fee shall
    provide a fair return to the United States and shall be based on
    the following criteria:

    [[Page 3118]]

    (A) The number of days the filming activity or similar
    project takes place in the System unit.
    (B) The size of the film crew present in the System
    unit.
    (C) The amount and type of equipment present in the
    System unit.
    (2) Other factors.--The Secretary may include other factors in
    determining an appropriate fee as the Secretary considers
    necessary.

    (b) Recovery of Costs.--The Secretary shall collect any costs incurred
    as a result of filming activities or similar projects, including
    administrative and personnel costs. All costs recovered shall be in
    addition to the fee assessed in subsection (a).
    (c) Still Photography.--
    (1) In general.--Except as provided in paragraph (2), the
    Secretary shall not require a permit or assess a fee for still
    photography in a System unit if the photography takes place
    where members of the public are generally allowed. The Secretary
    may require a permit, assess a fee, or both, if the photography
    takes place at other locations where members of the public are
    generally not allowed, or where additional administrative costs
    are likely.
    (2) Exception.--The Secretary shall require and shall
    establish a reasonable fee for still photography that uses
    models or props that are not a part of the site's natural or
    cultural resources or administrative facilities.

    (d) Protection of Resources.--The Secretary shall not permit any
    filming, still photography or other related activity if the Secretary
    determines that--
    (1) there is a likelihood of resource damage;
    (2) there would be an unreasonable disruption of the public's
    use and enjoyment of the site; or
    (3) the activity poses health or safety risks to the public.

    (e) Use of Proceeds.--
    (1) Fees.--All fees collected under this section shall be
    available for expenditure by the Secretary, without further
    appropriation and shall remain available until expended.
    (2) Costs.--All costs recovered under this section shall be
    available for expenditure by the Secretary, without further
    appropriation, at the site where the costs are collected and
    shall remain available until expended.

    (f) Processing of Permit Applications.--The Secretary shall establish
    a process to ensure that the Secretary responds in a timely manner to
    permit applicants for commercial filming, still photography, or other
    activity.

    Sec. 100906. Advisory committees

    (a) Establishment.--To facilitate the administration of the System,
    the Secretary, under such terms and conditions as the Secretary may
    consider advisable, may appoint and establish advisory committees in
    regard to the functions of the Service as the Secretary considers
    advisable.
    (b) Charter Exception On Renewal.--Section 14(b) of the Federal
    Advisory Committee Act (5 U.S.C. App.) is waived with respect to any
    advisory commission or advisory committee established by law in
    connection with any System unit during the period for which the
    commission or committee is authorized by law.

    [[Page 3119]]

    (c) Service of Members.--Any member of any advisory commission or
    advisory committee established in connection with any System unit may
    serve after the expiration of the member's term until a successor is
    appointed.
    (d) Compensation and Travel Expenses.--Members of an advisory
    committee established under subsection (a) shall receive no compensation
    for their services as such but shall be allowed necessary travel
    expenses as authorized by section 5703 of title 5.

    Chapter 1011--Donations

    Subchapter I--Authority of Secretary
    Sec.
    101101.  Authority to accept land, rights-of-way, buildings, other
    property, and money.
    101102.  Authority to accept and use funds to consolidate Federal land
    ownership.
    Subchapter II--National Park Foundation
    101111.  Purpose and establishment of Foundation.
    101112.  Board.
    101113.  Gifts, devises, or bequests.
    101114.  Disposition of property or income.
    101115.  Corporate succession and powers and duties acting as trustee;
    personal liability for malfeasance.
    101116.  Corporate powers.
    101117.  Authority of Board.
    101118.  Tax exemptions; contributions toward costs of local government;
    contributions, gifts, or transfers to or for use of United
    States.
    101119.  Liability of United States.
    101120.  Promotion of local fundraising support.

    Subchapter I--Authority of Secretary

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

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

    [[Page 3120]]

    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.

    [[Page 3121]]

    (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.

    [[Page 3122]]

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

    (a) Tax Exemption.--The National Park Foundation and any income or
    property received or owned by it, and all transactions relating to that
    income or property, shall be exempt from all Federal, State, and local
    taxation.
    (b) Contributions In Lieu of Taxes.--The National Park Foundation
    may--
    (1) contribute toward the costs of local government in amounts
    not in excess of those which it would be obligated to pay that
    government if it were not exempt from taxation by virtue of
    subsection (a) or by virtue of its being a charitable and
    nonprofit corporation; and
    (2) agree to contribute with respect to property transferred
    to it and the income derived from the property if the agreement
    is a condition of the transfer.

    (c) Transfers Deemed To Be to or for the Use of United States.--
    Contributions, gifts, and other transfers made to or for the use of the
    Foundation shall be deemed to be contributions, gifts, or transfers to
    or for the use of the United States.

    Sec. 101119. Liability of United States

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

    Sec. 101120. Promotion of local fundraising support

    (a) Program.--The National Park Foundation shall design and implement
    a comprehensive program to assist and promote philanthropic programs of
    support at the individual System unit level.
    (b) Implementation.--The program under subsection (a) shall be
    implemented to--
    (1) assist in the creation of local nonprofit support
    organizations; and
    (2) provide support, national consistency, and management-
    improving suggestions for local nonprofit support organizations.

    (c) Program.--The program under subsection (a)--
    (1) shall include the greatest number of System units as is
    practicable; and
    (2) at a minimum shall include--
    (A) a standard adaptable organizational design format
    to establish and sustain responsible management of a
    local nonprofit support organization for support of a
    System unit;
    (B) standard and legally tenable bylaws and
    recommended money-handling procedures that can easily be
    adapted as applied to individual System units; and
    (C) a standard training curriculum to orient and
    expand the operating expertise of personnel employed by
    local nonprofit support organizations.

    (d) Annual Report.--The National Park Foundation shall report the
    progress of the program under subsection (a) in the annual report of the
    Foundation.
    (e) Affiliations.--
    (1) Charter or corporate bylaws.--Nothing in this section
    requires--

    [[Page 3123]]

    (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.

    [[Page 3124]]

    (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

    [[Page 3125]]

    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.

    [[Page 3126]]

    Sec. 101322. Management development and training

    The Secretary shall maintain a clear plan for management training and
    development under which career professional Service employees from any
    appropriate academic field may obtain sufficient training, experience,
    and advancement opportunity to enable those qualified to move into
    System unit management positions, including the position of
    superintendent of a System unit.

    Subchapter III--Housing Improvement

    Sec. 101331. Definitions

    In this subchapter:
    (1) Field employee.--The term ``field employee'' means--
    (A) an employee of the Service who is exclusively
    assigned by the Service to perform duties at a field
    unit, and the members of the employee's family; and
    (B) any other individual who is authorized to occupy
    Federal Government quarters under section 5911 of title
    5, and for whom there is no feasible alternative to the
    provision of Federal Government housing, and the members
    of the individual's family.
    (2) Primary resource values.--The term ``primary resource
    values'' means resources that are specifically mentioned in the
    enabling legislation for that field unit or other resource value
    recognized under Federal statute.
    (3) Quarters.--The term ``quarters'' means quarters owned or
    leased by the Federal Government.
    (4) Seasonal quarters.--The term ``seasonal quarters'' means
    quarters typically occupied by field employees who are hired on
    assignments of 6 months or less.

    Sec. 101332. General authority of Secretary

    (a) Rental Housing.--To enhance the ability of the Secretary, acting
    through the Director, to effectively manage System units, the Secretary
    may where necessary and justified--
    (1) make available employee housing, on or off land under the
    administrative jurisdiction of the Service; and
    (2) rent that housing to field employees at rates based on the
    reasonable value of the housing in accordance with requirements
    applicable under section 5911 of title 5.

    (b) Joint Development Authority.--The Secretary may use authorities
    granted by statute in combination with one another in the furtherance of
    providing where necessary and justified affordable field employee
    housing.
    (c) Construction Limitations on Federal Land.--The Secretary may not
    utilize any land for the purposes of providing field employee housing
    under this subchapter that 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.

    [[Page 3127]]

    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-

    [[Page 3128]]

    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.

    [[Page 3129]]

    (b) Proceeds From Leases.--The proceeds from any lease under section
    101335(a)(1) of this title and any lease under section 101337 of this
    title shall be retained by the Service and deposited in the special fund
    established for maintenance and operation of quarters.

    Sec. 101339. Assessment and priority listing

    The Secretary shall--
    (1) complete a condition assessment for all field employee
    housing, including the physical condition of the housing and the
    necessity and suitability of the housing for carrying out the
    mission of the Service, using existing information; and
    (2) develop a Service-wide priority listing, by structure,
    identifying the units in greatest need for repair,
    rehabilitation, replacement, or initial construction.

    Sec. 101340. Use of funds

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

    Chapter 1015--Transportation

    Subchapter I--Airports
    Sec.
    101501.  Airports in or near System units.
    Subchapter II--Roads and Trails
    101511.  Authority of Secretary.
    101512.  Conveyance to States of roads leading to certain historical
    areas.
    Subchapter III--Public Transportation Programs for System Units
    101521.  Transportation service and facility programs.
    101522.  Transportation projects.
    101523.  Procedures applicable to transportation plans and projects.
    101524.  Special rule for service contract to provide transportation
    services.
    Subchapter IV--Fees
    101531.  Fee for use of transportation services.

    Subchapter I--Airports

    Sec. 101501. Airports in or near System units

    (a) Definitions.--In this section, the terms ``airport'', ``project'',
    ``project costs'', ``public agency'', and ``sponsor'' have the meanings
    given the terms in section 47102 of title 49.
    (b) Acquisition, Operation, and Maintenance of Airports.--
    (1) Authorization.--The Secretary may plan, acquire,
    establish, construct, enlarge, improve, maintain, equip,
    operate, regulate, and protect airports in the continental
    United States in, or in close proximity to, System units, when
    the Secretary determines that the airports are necessary to the
    proper performance of the functions of the Department of the
    Interior.

    [[Page 3130]]

    (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

    [[Page 3131]]

    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.

    [[Page 3132]]

    (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

    [[Page 3133]]

    and necessity. A contractor shall be subject to applicable requirements
    of that body unless the Secretary determines that the requirements would
    not be consistent with the purposes and provisions of this subchapter.
    (e) Construction of Grant of Authority Respecting Operation of Motor
    Vehicles Excepted From Statutory Coverage.--No grant of authority in
    this subchapter shall be deemed to expand the exemption of section
    13506(a)(9) of title 49.

    Sec. 101522. Transportation projects

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

    Sec. 101523. Procedures applicable to transportation plans and projects

    (a) During Formulation of Plan.--The Secretary shall, during the
    formulation of any transportation plan authorized pursuant to section
    101521 of this title--
    (1) give public notice of intention to formulate the plan by
    publication in the Federal Register and in a newspaper or
    periodical having general circulation in the vicinity of the
    affected System unit; and
    (2) following the notice, hold a public meeting at a location
    convenient to the affected System unit.

    (b) Prior to Implementation of Project.--Prior to the implementation
    of any project developed pursuant to the transportation plan formulated
    pursuant to subsection (a), the Secretary shall--
    (1) establish procedures, including public meetings, to give
    State and local governments and the public adequate notice and
    an opportunity to comment on the proposed transportation
    project; and
    (2) when the proposed project would involve an expenditure in
    excess of $100,000 in any fiscal year, submit a detailed report
    to the Committee on Energy and Natural Resources of the Senate
    and the Committee on Natural Resources of the House of
    Representatives.

    (c) Waiting Period.--When a report on a project is required under
    subsection (b)(2), the Secretary may proceed with the implementation of
    the project only after 60 days (not counting days on which the Senate or
    House of Representatives has adjourned for more than 3 consecutive days)
    have elapsed following submission of the report.

    [[Page 3134]]

    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.

    [[Page 3135]]

    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--

    [[Page 3136]]

    (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.

    [[Page 3137]]

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

    Sec. 101704. Reimbursable agreements

    (a) In General.--In carrying out work under reimbursable agreements
    with any State, local, or tribal government, the Secretary, without
    regard to any provision of law or a regulation--
    (1) may record obligations against accounts receivable from
    those governments; and
    (2) shall credit amounts received from those governments to
    the appropriate account.

    (b) When Amounts Shall Be Credited.--Amounts shall be credited within
    90 days of the date of the original request by the Service for payment.

    Chapter 1019--Concessions and Commercial Use Authorizations

    Subchapter I--Authority of Secretary
    Sec.
    101901.  Utility services.
    Subchapter II--Commercial Visitor Services
    101911.  Definitions.
    101912.  Findings and declaration of policy.
    101913.  Award of concession contracts.
    101914.  Term of concession contracts.
    101915.  Protection of concessioner investment.
    101916.  Reasonableness of rates and charges.
    101917.  Franchise fees.
    101918.  Transfer or conveyance of concession contracts or leasehold
    surrender interests.
    101919.  National Park Service Concessions Management Advisory Board.
    101920.  Contracting for services.
    101921.  Multiple contracts within a System unit.
    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.

    [[Page 3138]]

    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

    [[Page 3139]]

    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--

    [[Page 3140]]

    (i) the person, corporation, or entity is not
    qualified or is not likely to provide satisfactory
    service; or
    (ii) the proposal is not responsive to the
    objectives of protecting and preserving resources
    of the System unit and of providing necessary and
    appropriate facilities and services to the public
    at reasonable rates.
    (C) All proposals fail to meet mimimum requirements or
    are rejected.--If all proposals submitted to the
    Secretary fail to meet the minimum requirements or are
    rejected by the Secretary, the Secretary shall establish
    new minimum contract requirements and re-initiate the
    competitive selection process pursuant to this section.
    (D) Terms and conditions materially amended or not
    incorporated in contract.--The Secretary may not execute
    a concession contract that materially amends or does not
    incorporate the proposed terms and conditions of the
    concession contract as set forth in the applicable
    prospectus. If proposed material amendments or changes
    are considered appropriate by the Secretary, the
    Secretary shall resolicit offers for the concession
    contract incorporating the material amendments or
    changes.
    (5) Selection of the best proposal.--
    (A) Factors in selection.--In selecting the best
    proposal, the Secretary shall consider the following
    principal factors:
    (i) The responsiveness of the proposal to the
    objectives of protecting, conserving, and
    preserving resources of the System unit and of
    providing necessary and appropriate facilities and
    services to the public at reasonable rates.
    (ii) The experience and related background of
    the person, corporation, or entity submitting the
    proposal, including the past performance and
    expertise of the person, corporation or entity in
    providing the same or similar facilities or
    services.
    (iii) The financial capability of the person,
    corporation, or entity submitting the proposal.
    (iv) The proposed franchise fee, except that
    consideration of revenue to the United States
    shall be subordinate to the objectives of
    protecting, conserving, and preserving resources
    of the System unit and of providing necessary and
    appropriate facilities to the public at reasonable
    rates.
    (B) Secondary factors.--The Secretary may also
    consider such secondary factors as the Secretary
    considers appropriate.
    (C) Development of regulations.--In developing
    regulations to implement this subchapter, the Secretary
    shall consider the extent to which plans for employment
    of Indians (including Native Alaskans) and involvement
    of businesses owned by Indians, Indian tribes, or Native
    Alaskans in the operation of a concession contract
    should be identified as a factor in the selection of a
    best proposal under this section.
    (6) Congressional notification.--
    (A) In general.--The Secretary shall submit any
    proposed concession contract with anticipated annual
    gross

    [[Page 3141]]

    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;

    [[Page 3142]]

    (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,

    [[Page 3143]]

    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.--

    [[Page 3144]]

    (A) How value is determined.--The Secretary may
    provide, in any new concession contract that the
    Secretary estimates will have a leasehold surrender
    interest of more than $10,000,000, that the value of any
    leasehold surrender interest in a capital improvement
    shall be based on--
    (i) a reduction on an annual basis, in equal
    portions, over the same number of years as the
    time period associated with the straight line
    depreciation of the initial value (construction
    cost of the capital improvement), as provided by
    applicable Federal income tax laws and regulations
    in effect on November 12, 1998; or
    (ii) an alternative formula that is consistent
    with the objectives of this subchapter.
    (B) When alternative formula may be used.--The
    Secretary may use an alternative formula under
    subparagraph (A)(ii) only if the Secretary determines,
    after scrutiny of the financial and other circumstances
    involved in the particular concession contract
    (including providing notice in the Federal Register and
    opportunity for comment), that the alternative formula
    is, compared to the standard method of determining value
    provided for in paragraph (5), necessary to provide a
    fair return to the Federal Government and to foster
    competition for the new contract by providing a
    reasonable opportunity to make a profit under the new
    contract. If no responsive offers are received in
    response to a solicitation that includes the alternative
    formula, the concession opportunity shall be resolicited
    with the leasehold surrender interest value as described
    in paragraph (5).
    (7) Increase in value of interest.--Where a concessioner,
    pursuant to the terms of a concession contract, makes a capital
    improvement to an existing capital improvement in which the
    concessioner has a leasehold surrender interest, the cost of the
    additional capital improvement shall be added to the then-
    current value of the concessioner's leasehold surrender
    interest.

    (c) Special Rule for Possessory Interest Existing Before November 13,
    1998.--
    (1) In general.--A concessioner that has obtained a possessory
    interest (as defined pursuant to the Act of October 9, 1965
    (known as the National Park Service Concessions Policy Act;
    Public Law 89-249, 79 Stat. 969), as in effect on November 12,
    1998) under the terms of a concession contract entered into
    before November 13, 1998, shall, on the expiration or
    termination of the concession contract, be entitled to receive
    compensation for the possessory interest improvements in the
    amount and manner as described by the concession contract. Where
    that possessory interest is not described in the existing
    concession contract, compensation of possessory interest shall
    be determined in accordance with the laws in effect on November
    12, 1998.
    (2) Existing concessioner awarded a new contract.--A
    concessioner awarded a new concession contract to replace an
    existing concession contract after November 13, 1998, 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

    [[Page 3145]]

    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.

    [[Page 3146]]

    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

    [[Page 3147]]

    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.--

    [[Page 3148]]

    (1) Advice.--The Advisory Board shall advise on each of the
    following:
    (A) Policies and procedures intended to ensure that
    services and facilities provided by concessioners--
    (i) are necessary and appropriate;
    (ii) meet acceptable standards at reasonable
    rates with a minimum of impact on System unit
    resources and values; and
    (iii) provide the concessioners with a
    reasonable opportunity to make a profit.
    (B) Ways to make Service concession programs and
    procedures more cost effective, more process efficient,
    less burdensome, and timelier.
    (2) Recommendations.--The Advisory Board shall make
    recommendations to the Secretary regarding each of the
    following:
    (A) The Service contracting with the private sector to
    conduct appropriate elements of concession management.
    (B) Ways to make the review or approval of
    concessioner rates and charges to the public more
    efficient, less burdensome, and timelier.
    (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

    [[Page 3149]]

    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

    [[Page 3150]]

    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

    [[Page 3151]]

    (B) are consistent with the purpose for which the
    System unit was established and with all applicable
    management plans and Service policies and regulations.
    (2) Elements of commercial use authorization.--The Secretary
    shall--
    (A) require payment of a reasonable fee for issuance
    of a commercial use authorization, the fees to remain
    available without further appropriation to be used, at a
    minimum, to recover associated management and
    administrative costs;
    (B) require that the provision of services under a
    commercial use authorization be accomplished in a manner
    consistent to the highest practicable degree with the
    preservation and conservation of System unit resources
    and values;
    (C) take appropriate steps to limit the liability of
    the United States arising from the provision of services
    under a commercial use authorization;
    (D) have no authority under this section to issue more
    commercial use authorizations than are consistent with
    the preservation and proper management of System unit
    resources and values; and
    (E) shall establish other conditions for issuance of a
    commercial use authorization that the Secretary
    determines to be appropriate for the protection of
    visitors, provision of adequate and appropriate visitor
    services, and protection and proper management of System
    unit resources and values.

    (c) Limitations.--Any commercial use authorization shall be limited
    to--
    (1) commercial operations with annual gross receipts of not
    more than $25,000 resulting from services originating and
    provided solely within a System unit pursuant to the commercial
    use authorization;
    (2) the incidental use of resources of the System unit by
    commercial operations that provide services originating and
    terminating outside the boundaries of the System unit; or
    (3)(A) uses by organized children's camps, outdoor clubs, and
    nonprofit institutions (including back country use); and
    (B) other uses, as the Secretary determines to be appropriate.

    (d) Nonprofit Institutions.--Nonprofit institutions are not required
    to obtain commercial use authorizations unless taxable income is derived
    by the institution from the authorized use.
    (e) Prohibition on Construction.--A commercial use authorization shall
    not provide for the construction of any structure, fixture, or
    improvement on federally-owned land within the boundaries of a System
    unit.
    (f) Duration.--The term of any commercial use authorization shall not
    exceed 2 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--

    [[Page 3152]]

    (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)--

    [[Page 3153]]

    (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.

    [[Page 3154]]

    In accepting those services, the Secretary shall not permit the use of
    volunteers in hazardous duty or law enforcement work or in policymaking
    processes, or to displace any employee. The services of individuals whom
    the Secretary determines are skilled in performing hazardous activities
    may be accepted.
    (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.

    [[Page 3155]]

    (c) Use of Grants.--Grants awarded under this section may be used to
    support general operations and maintenance, security, or special
    projects. No organization may receive a grant in excess of $500,000 in a
    single year.
    (d) Responsbilities of Director.--The Director shall--
    (1) establish an application process;
    (2) appoint a review panel of 5 qualified individuals, at
    least a majority of whom reside in the National Capital region;
    and
    (3) develop other program guidelines and definitions as
    required.

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

    Sec. 102303. National Park System Advisory Board

    (a) Definition.--In this section, the term ``Board'' means the
    National Park System Advisory Board established under subsection (b).
    (b) Establishment and Purpose.--There is established a National Park
    System Advisory Board, whose purpose is to advise the Director on
    matters relating to the Service, the System, and programs administered
    by the Service. The Board shall advise the Director on matters submitted
    to the Board by the Director as well as any other issues identified by
    the Board.
    (c) Membership.--
    (1) Appointment and term of office.--Members of the Board
    shall be appointed on 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.

    [[Page 3156]]

    (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.--

    [[Page 3157]]

    (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:

    [[Page 3158]]

    (1) In general.--The term ``museum object'' means an object
    that--
    (A) typically is movable; and
    (B) is eligible to be, or is made part of, a museum,
    library, or archive collection through a formal
    procedure, such as accessioning.
    (2) Inclusions.--The term ``museum object'' includes a
    prehistoric or historic artifact, work of art, book, document,
    photograph, or natural history specimen.

    Sec. 102503. Authority of Secretary

    (a) In General.--Notwithstanding other provisions or limitations of
    law, the Secretary may perform the functions described in this section
    in the manner that the Secretary considers to be in the public interest.
    (b) Donations and Bequests.--The Secretary may accept donations and
    bequests of money or other personal property, and hold, use, expend, and
    administer the money or other personal property for purposes of this
    chapter.
    (c) Purchases.--The Secretary may purchase museum objects and other
    personal property at prices that the Secretary considers to be
    reasonable.
    (d) Exchanges.--The Secretary may make exchanges by accepting museum
    objects and other personal property and by granting in exchange for the
    museum objects or other personal property museum property under the
    administrative jurisdiction of the Secretary that no longer is needed or
    that may be held in duplicate among the museum properties administered
    by the Secretary. Exchanges shall be consummated on a basis that the
    Secretary considers to be equitable and in the public interest.
    (e) Acceptance of Loans of Property.--The Secretary may accept the
    loan of museum objects and other personal property and pay
    transportation costs incidental to the museum objects or other personal
    property. Loans shall be accepted on terms and conditions that the
    Secretary considers necessary.
    (f) Loans of Property.--The Secretary may loan to responsible public
    or private organizations, institutions, or agencies, without cost to the
    United States, such museum objects and other personal property as the
    Secretary shall consider advisable. Loans shall be made on terms and
    conditions that the Secretary considers necessary to protect the public
    interest in those properties.
    (g) Transfer of Museum Objects.--The Secretary may transfer museum
    objects that the Secretary determines are no longer needed for museum
    purposes to qualified Federal agencies, including the Smithsonian
    Institution, that have programs to preserve and interpret cultural or
    natural heritage, and accept the transfer of museum objects for the
    purposes of this chapter from any other Federal agency, without
    reimbursement. The head of any other Federal agency may transfer,
    without reimbursement, museum objects directly to the administrative
    jurisdiction of the Secretary for the purpose of this chapter.
    (h) Conveyance of Museum Objects.--The Secretary may convey museum
    objects that the Secretary determines are no longer needed for museum
    purposes, without monetary consideration but subject to such terms and
    conditions as the Secretary considers necessary, to private institutions
    exempt from Federal taxation under section 501(c)(3) of the Internal
    Revenue Code of 1986 (26

    [[Page 3159]]

    U.S.C. 501(c)(3)) and to non-Federal governmental entities if the
    Secretary determines that the recipient is dedicated to the preservation
    and interpretation of natural or cultural heritage and is qualified to
    manage the property, prior to any conveyance under this subsection and
    subsection (g).
    (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

    [[Page 3160]]

    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

    [[Page 3161]]

    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

    [[Page 3162]]

    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.
    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

    [[Page 3163]]

    Secretary may prescribe. The conveyance shall be at not less than the
    fair market value of the interest, as determined by the Secretary,
    except that if the conveyance is proposed within 2 years after the
    property to be conveyed is acquired by the Secretary, the Secretary
    shall allow the last owner of record of the property 30 days following
    the date on which the owner is notified by the Secretary in writing that
    the property is to be conveyed within which to notify the Secretary that
    the owner wishes to acquire the interest. On receiving the timely
    request, the Secretary shall convey the interest to the person, in
    accordance with such regulations as the Secretary may prescribe, on
    payment or agreement to pay an amount equal to the highest bid price.
    (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.

    [[Page 3164]]

    (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--

    [[Page 3165]]

    (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

    [[Page 3166]]

    of the military forces of the United States as the Secretary of the Army
    or Secretary of the Air Force may think best, to receive military
    instruction there. The Secretary of the Army of Secretary of the Air
    Force may detail instructors from the Regular Army or Regular Air Force,
    respectively, for those forces during their exercises.
    (b) Regulations.--The Secretary of the Army or Secretary of the Air
    Force may prescribe regulations governing the assembling of the National
    Guard or militia of the States on the maneuvering grounds.

    Sec. 103303. Performance of duties of commissions

    The duties of commissions in charge of national military parks shall
    be performed under the direction of the Secretary.

    Sec. 103304. Recovery of land withheld

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

    Sec. 103305. Travel expenses incident to study of battlefields

    Mileage of officers of the Army and actual expenses of civilian
    employees traveling on duty in connection with the studies, surveys, and
    field investigations of battlefields shall be paid from the
    appropriations made to meet expenses for those purposes.

    Sec. 103306. Studies

    (a) Study of Battlefields for Commemorative Purposes.--The Secretary
    of the Army may make studies and investigations and, where necessary,
    surveys of all battlefields within the continental limits of the United
    States on which troops of the United States or of the original 13
    colonies have been engaged against a common enemy, with a view to
    preparing a general plan and such detailed projects as may be required
    for properly commemorating such battlefields or other adjacent points of
    historic and military interest.
    (b) Inclusion of Estimate of Cost of Projected Surveys in
    Appropriation Estimates.--The Secretary of the Army shall include
    annually in the Department of the Interior appropriation estimates a
    list of the battlefields for which surveys or other field investigations
    are planned for the fiscal year in question, with the estimated cost of
    making each survey or other field investigation.
    (c) Purchase of Real Estate for National Military Park Purposes.--No
    real estate shall be purchased for national military

    [[Page 3167]]

    park purposes by the Federal Government unless a report on the real
    estate has been made by the Secretary of the Army through the President
    to Congress under subsection (d).
    (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

    [[Page 3168]]

    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

    [[Page 3169]]

    (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''--

    [[Page 3170]]

    (A) includes the District of Columbia; and
    (B) to the extent practicable, as determined by the
    Secretary, includes Puerto Rico, Guam, American Samoa,
    the Virgin Islands, and the Northern Mariana Islands.

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

    (a) In General.--To carry out this chapter, the Secretary may perform
    the functions and activities described in this section.
    (b) Inventory and Evaluation.--The Secretary may prepare and maintain
    a continuing inventory and evaluation of outdoor recreation needs and
    resources of the United States.
    (c) Classification System.--The Secretary may prepare a system for
    classification of outdoor recreation resources to assist in the
    effective and beneficial use and management of such resources.
    (d) Recreation Plan.--The Secretary may formulate and maintain a
    comprehensive nationwide outdoor recreation plan, taking into
    consideration the plans of the various Federal agencies, States, and
    their political subdivisions. The plan shall set forth the needs and
    demands of the public for outdoor recreation and the current and
    foreseeable availability in the future of outdoor recreation resources
    to meet those needs. The plan shall identify critical outdoor recreation
    problems, recommend solutions, and recommend desirable actions to be
    taken at each level of government and by private interests. The
    Secretary shall submit the plan to the President for transmittal to
    Congress. Revisions of the plan shall be similarly transmitted at
    succeeding 5-year intervals. When a plan or revision is transmitted to
    the Congress, the Secretary shall transmit copies to the chief executive
    officials of the States.
    (e) Technical Assistance and Advice.--The Secretary may provide
    technical assistance and advice to and cooperate with States, political
    subdivisions, and private interests, including nonprofit organizations,
    with respect to outdoor recreation.
    (f) Interstate and Regional Cooperation.--The Secretary may encourage
    interstate and regional cooperation in the planning, acquisition, and
    development of outdoor recreation resources.
    (g) Research, Information, and Education Programs and Activities.--The
    Secretary may--
    (1) sponsor, engage in, and assist in research relating to
    outdoor recreation, directly or by contract or cooperative
    agreements, and make payments for such purposes without regard
    to the limitations of section 3324(a) and (b) of title 31
    concerning advances of funds when the Secretary considers such
    action to be in the public interest;
    (2) undertake studies and assemble information concerning
    outdoor recreation, directly or by contract or cooperative
    agreement, and disseminate the information without regard to
    section 3204 of title 39; and
    (3) cooperate with educational institutions and others to
    assist in establishing education programs and activities and to
    encourage public use and benefits from outdoor recreation.

    (h) Cooperation and Coordination with Federal Agencies.--
    (1) In general.--The Secretary may--
    (A) cooperate with and provide technical assistance to
    Federal agencies and obtain from them information, data,
    reports, advice, and assistance that are needed and can

    [[Page 3171]]

    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:

    [[Page 3172]]

    (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

    [[Page 3173]]

    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
    (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

    [[Page 3174]]

    Secretary shall develop, in consultation with others, criteria
    for public participation, which criteria shall constitute the
    basis for the certification by the chief executive official. The
    plan shall contain--
    (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

    [[Page 3175]]

    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

    [[Page 3176]]

    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.
    (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

    [[Page 3177]]

    (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,

    [[Page 3178]]

    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.

    [[Page 3179]]

    Sec. 200307. Availability of Fund amounts for publicity purposes

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

    Sec. 200308. Contracts for acquisition of land and water

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

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

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

    Sec. 200310. Transfers to and from Fund

    (a) Motorboat Fuel Taxes.--There shall be set aside in the Fund the
    amounts specified in section 9503(c)(3)(B) of the Internal Revenue Code
    of 1986 (26 U.S.C. 9503(c)(3)(B)).
    (b) Refunds of Taxes.--There shall be paid from time to time from the
    Fund into the general fund of the Treasury amounts estimated by the
    Secretary of the Treasury as equivalent to--
    (1) the amounts paid before October 1, 2017, under section
    6421 of the Internal Revenue Code of 1986 (26 U.S.C. 6421) with
    respect to gasoline used after December 31, 1964, in motorboats,
    on the basis of claims filed for periods ending before October
    1, 2016; and
    (2) 80 percent of the floor stocks refunds made before October
    1, 2017, under section 6412(a)(1) of the Internal Revenue Code

    [[Page 3180]]

    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.
    (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.

    [[Page 3181]]

    (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

    [[Page 3182]]

    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

    [[Page 3183]]

    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

    [[Page 3184]]

    submissions of preliminary action programs that briefly define
    objectives, priorities, and implementation strategies for overall system
    recovery and maintenance and commit the applicant to a scheduled program
    development process. Following this interim period, all local applicants
    shall submit to the Secretary, as a condition of eligibility, a 5-year
    action program for park and recreation recovery that satisfactorily
    demonstrates--
    (1) systematic identification of recovery objectives,
    priorities, and implementation strategies;
    (2) adequate planning for rehabilitation of specific
    recreation areas and facilities, including projections of the
    cost of proposed projects;
    (3) the capacity and commitment to ensure that facilities
    provided or improved under this chapter shall continue to be
    adequately maintained, protected, staffed, and supervised;
    (4) the intention to maintain total local public outlays for
    park and recreation purposes at levels at least equal to those
    in the year preceding that in which grant assistance is sought
    except in any case where a reduction in park and recreation
    outlays is proportionate to a reduction in overall spending by
    the applicant; and
    (5) the relationship of the park and recreation recovery
    program to overall community development and urban
    revitalization efforts.

    (b) Continuing Planning Process.--Where appropriate, the Secretary may
    encourage local governments to meet action program requirements through
    a continuing planning process that includes periodic improvements and
    updates in action program submissions to eliminate identified gaps in
    program information and policy development.
    (c) Special Considerations.--Action programs shall address, but are
    not limited to--
    (1) rehabilitation of existing recreational areas and
    facilities, including--
    (A) general systemwide renovation;
    (B) special rehabilitation requirements for
    recreational areas and facilities in areas of high
    population concentration and economic distress; and
    (C) restoration of outstanding or unique structures,
    landscaping, or similar features in parks of historical
    or architectural significance; and
    (2) local commitments to innovative and cost-effective
    programs and projects at the neighborhood level to augment
    recovery of park and recreation systems, including--
    (A) recycling of abandoned schools and other public
    buildings for recreational purposes;
    (B) multiple use of operating educational and other
    public buildings, purchase of recreation services on a
    contractual basis;
    (C) use of mobile facilities and recreational,
    cultural, and educational programs or other innovative
    approaches to improving access for neighborhood
    residents;
    (D) integration of recovery program with federally
    assisted projects to maximize recreational opportunities
    through conversion of abandoned railroad and highway
    rights of way, waterfront, and other redevelopment
    efforts

    [[Page 3185]]

    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.

    [[Page 3186]]

    (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.

    [[Page 3187]]

    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;
    (5) encourage the public and private preservation and
    utilization of all usable elements of the Nation's historic
    built environment; and

    [[Page 3188]]

    (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).

    [[Page 3189]]

    Sec. 300306. Historic Preservation Fund

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

    Sec. 300307. Historic preservation review commission

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

    Sec. 300308. Historic property

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

    Sec. 300309. Indian tribe

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

    Sec. 300310. Local government

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

    Sec. 300311. National Register

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

    Sec. 300312. National Trust

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

    [[Page 3190]]

    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;

    [[Page 3191]]

    (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 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.

    [[Page 3192]]

    (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).

    [[Page 3193]]

    (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.

    [[Page 3194]]

    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.

    [[Page 3195]]

    Sec. 302302. Program evaluation

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

    Sec. 302303. Responsibilities of State Historic Preservation Officer

    (a) In General.--It shall be the responsibility of the State Historic
    Preservation Officer to administer the State Historic Preservation
    Program.
    (b) Particular Responsibilities.--It shall be the responsibility of
    the State Historic Preservation Officer to--
    (1) in cooperation with Federal and State agencies, local
    governments, and private organizations and individuals, direct
    and conduct a comprehensive statewide survey of historic
    property and maintain inventories of the property;
    (2) identify and nominate eligible property to the National
    Register and otherwise administer applications for listing
    historic property on the National Register;
    (3) prepare and implement a comprehensive statewide historic
    preservation plan;
    (4) administer the State program of Federal assistance for
    historic preservation within the State;
    (5) advise and assist, as appropriate, Federal and State
    agencies and local governments in carrying out their historic
    preservation responsibilities;

    [[Page 3196]]

    (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

    [[Page 3197]]

    determines that the Officer is fully capable of carrying
    out the responsibility in that manner;
    (D) the State Historic Preservation Officer agrees to
    permit the Secretary to review and revise, as
    appropriate in the discretion of the Secretary,
    decisions made by the Officer pursuant to the contract
    or cooperative agreement; and
    (E) the Secretary and the State Historic Preservation
    Officer agree on the terms of additional financial
    assistance to the State, if there is to be any, for the
    costs of carrying out that responsibility.
    (3) Establish conditions and criteria.--For each significant
    program area under the Secretary's authority, the Secretary
    shall establish specific conditions and criteria essential for
    the assumption by a State Historic Preservation Officer of the
    Secretary's duties in each of those programs.
    (4) Preservation programs and activities not diminished.--
    Nothing in this chapter shall have the effect of diminishing the
    preservation programs and activities of the Service.

    Chapter 3025--Certification of Local Governments

    Sec.
    302501.  Definitions.
    302502.  Certification as part of State program.
    302503.  Requirements for certification.
    302504.  Participation of certified local governments in National
    Register nominations.
    302505.  Eligibility and responsibility of certified local government.

    Sec. 302501. Definitions

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

    Sec. 302502. Certification as part of State program

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

    Sec. 302503. Requirements for certification

    (a) Approved State Program.--Any local government shall be certified
    to participate under this section if the applicable State Historic
    Preservation Officer, and the Secretary, certify that the local
    government--
    (1) enforces appropriate State or local legislation for the
    designation and protection of historic property;

    [[Page 3198]]

    (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--

    [[Page 3199]]

    (1) that is certified under this chapter shall be eligible for
    funds under section 302902(c)(4) of this title; and
    (2) that is certified, or making efforts to become certified,
    under this chapter shall carry out any responsibilities
    delegated to it in accordance with such terms and conditions as
    the Secretary considers necessary or advisable.

    Chapter 3027--Historic Preservation Programs and Authorities for Indian
    Tribes and Native Hawaiian Organizations

    Sec.
    302701.  Program to assist Indian tribes in preserving historic
    property.
    302702.  Indian tribe to assume functions of State Historic Preservation
    Officer.
    302703.  Apportionment of grant funds.
    302704.  Contracts and cooperative agreements.
    302705.  Agreement for review under tribal historic preservation
    regulations.
    302706.  Eligibility for inclusion on National Register.

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

    (a) Establishment of Program.--The Secretary shall establish a program
    and promulgate regulations to assist Indian tribes in preserving their
    historic property.
    (b) Communication and Cooperation.--The Secretary shall foster
    communication and cooperation between Indian tribes and State Historic
    Preservation Officers in the administration of the national historic
    preservation program to--
    (1) ensure that all types of historic property and all public
    interests in historic property are given due consideration; and
    (2) encourage coordination among Indian tribes, State Historic
    Preservation Officers, and Federal agencies in historic
    preservation planning and in the identification, evaluation,
    protection, and interpretation of historic property.

    (c) Tribal Values.--The program under subsection (a) shall be
    developed in a manner to ensure that tribal values are taken into
    account to the extent feasible. The Secretary may waive or modify
    requirements of this subdivision to conform to the cultural setting of
    tribal heritage preservation goals and objectives.
    (d) Scope of Tribal Programs.--The tribal programs implemented by
    specific tribal organizations may vary in scope, as determined by each
    Indian tribe's chief governing authority.
    (e) Consultation.--The Secretary shall consult with Indian tribes,
    other Federal agencies, State Historic Preservations Officers, and other
    interested parties concerning the program under subsection (a).

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

    An Indian tribe may assume all or any part of the functions of a State
    Historic Preservation Officer in accordance with sections 302302 and
    302303 of this title, with respect to tribal land, as those
    responsibilities may be modified for tribal programs through regulations
    issued by the Secretary, if--
    (1) the Indian tribe's chief governing authority so requests;
    (2) the Indian tribe designates a tribal preservation official
    to administer the tribal historic preservation program, through

    [[Page 3200]]

    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;

    [[Page 3201]]

    (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.

    [[Page 3202]]

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

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

    Sec. 302902. Grants to States

    (a) In General.--The Secretary shall administer a program of matching
    grants to the States for the purposes of carrying out this division.
    (b) Conditions.--
    (1) In general.--No grant may be made under this division--
    (A) unless the application is in accordance with the
    comprehensive statewide historic preservation plan that
    has been approved by the Secretary after considering its
    relationship to the comprehensive statewide outdoor
    recreation plan prepared pursuant to chapter 2003 of
    this title;
    (B) unless the grantee has agreed to make reports, in
    such form and containing such information, as the
    Secretary may from time to time require;
    (C) unless the grantee has agreed to assume, after
    completion of the project, the total cost of the
    continued maintenance, repair, and administration of the
    property in a manner satisfactory to the Secretary; or
    (D) until the grantee has complied with such further
    terms and conditions as the Secretary may consider
    necessary or advisable.
    (2) Waiver.--The Secretary may waive the requirements of
    subparagraphs (A) and (C) of paragraph (1) for any grant under
    this division to the National Trust.
    (3) Amount limitation.--
    (A) In general.--No grant may be made under this
    division for more than 60 percent of the aggregate costs
    of carrying out projects and programs under the
    administrative control of the State Historic
    Preservation Officer as specified in section 302303 of
    this title in any one fiscal year.
    (B) Source of state share of costs.--Except as
    permitted by other law, the State share of the costs
    referred to in subparagraph (A) shall be contributed by
    non-Federal sources.
    (4) Restriction on Use of Real Property To Meet Non-Federal
    Share of Cost of Project.--No State shall be permitted to
    utilize the value of real property obtained before October 15,
    1966, in meeting the non-Federal share of the cost of a project
    for which a grant is made under this division.

    (c) Apportionment of Grant Amounts.--

    [[Page 3203]]

    (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

    [[Page 3204]]

    or restoring structures that the National Trust considers to be of
    historic or architectural value and that the National Trust has accepted
    and will maintain (after the renovation or restoration) for historic
    purposes.

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

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

    Sec. 302905. Religious property

    (a) In General.--Grants may be made under this chapter for the
    preservation, stabilization, restoration, or rehabilitation of religious
    property listed on the National Register if the purpose of the grant--
    (1) is secular;
    (2) does not promote religion; and
    (3) seeks to protect qualities that are historically
    significant.

    (b) Effect of Section.--Nothing in this section shall be construed to
    authorize the use of any funds made available under this subdivision for
    the acquisition of any religious property listed on the National
    Register.

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

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

    [[Page 3205]]

    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.

    [[Page 3206]]

    Chapter 3031--Historic Preservation Fund

    Sec.
    303101.  Establishment.
    303102.  Content.
    303103.  Use and availability.

    Sec. 303101. Establishment

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

    Sec. 303102. Contents

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

    Sec. 303103. Use and availability

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

    Chapters 3033 Through 3037--Reserved

    Chapter 3039--Miscellaneous

    Sec.
    303901.  Loan insurance program for preservation of property included on
    National Register.
    303902.  Training in, and dissemination of information concerning,
    professional methods and techniques for preservation of
    historic property.
    303903.  Preservation education and training program.

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

    (a) Establishment.--The Secretary shall establish and maintain a
    program by which the Secretary may, on application of a private lender,
    insure loans (including loans made in accordance with a mortgage) made
    by the lender to finance any project for the preservation of a property
    included on the National Register.
    (b) Loan Qualifications.--A loan may be insured under this section
    if--
    (1) the loan is made by a private 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;

    [[Page 3207]]

    (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.

    [[Page 3208]]

    (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

    [[Page 3209]]

    (4) where appropriate, coordination with the National Center
    for Preservation Technology and Training of--
    (A) distribution of information on preservation
    technologies;
    (B) provision of training and skill development in
    trades, crafts, and disciplines related to historic
    preservation in Federal training and development
    programs; and
    (C) support for research, analysis, conservation,
    curation, interpretation, and display related to
    preservation.

    Subdivision 3--Advisory Council on Historic Preservation

    Chapter 3041--Advisory Council on Historic Preservation

    Sec.
    304101.  Establishment; vacancies.
    304102.  Duties of Council.
    304103.  Cooperation between Council and instrumentalities of executive
    branch of Federal Government.
    304104.  Compensation of members of Council.
    304105.  Administration.
    304106.  International Centre for the Study of the Preservation and
    Restoration of Cultural Property.
    304107.  Transmittal of legislative recommendations, testimony, or
    comments to any officer or agency of the United States prior
    to submission to Congress.
    304108.  Regulations, procedures, and guidelines.
    304109.  Budget submission.
    304110.  Report by Secretary to Council.
    304111.  Reimbursements from State and local agencies.
    304112.  Effectiveness of Federal grant and assistance programs.

    Sec. 304101. Establishment; vacancies

    (a) Establishment.--There is established as an independent agency of
    the United States Government an Advisory Council on Historic
    Preservation, which shall be composed of the following members:
    (1) A Chairman appointed by the President selected from the
    general public.
    (2) The Secretary.
    (3) The Architect of the Capitol.
    (4) The Secretary of Agriculture and the heads of 7 other
    agencies of the United States (other than the Department of the
    Interior), the activities of which affect historic preservation,
    designated by the President.
    (5) One Governor appointed by the President.
    (6) One mayor appointed by the President.
    (7) The President of the National Conference of State Historic
    Preservation Officers.
    (8) The Chairman of the National Trust.
    (9) Four experts in the field of historic preservation
    appointed by the President from architecture, history,
    archeology, and other appropriate disciplines.
    (10) Three members from the general public, appointed by the
    President.
    (11) One member of an Indian tribe or Native Hawaiian
    organization who represents the interests of the Indian tribe

    [[Page 3210]]

    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

    [[Page 3211]]

    (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;

    [[Page 3212]]

    (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

    [[Page 3213]]

    the fiscal year following the fiscal year in which the funds are
    received by the Council.
    (2) Obtaining additional property, facilities, and services
    and receiving donations of money.--To the extent of available
    appropriations, the Council may obtain by purchase, rental,
    donation, or otherwise additional property, facilities, and
    services as may be needed to carry out its duties and may
    receive donations of money for that purpose. The Executive
    Director may accept, hold, use, expend, and administer the
    property, facilities, services, and money for the purposes of
    this division.

    (h) Rights, Benefits, and Privileges of Transferred Employees.--Any
    employee in the competitive service of the United States transferred to
    the Council under section 207 of the National Historic Preservation Act
    (Public Law 89-665) retains all the rights, benefits, and privileges
    pertaining to the competitive service held prior to the transfer.
    (i) Exemption From Federal Advisory Committee Act.--The Council is
    exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
    (j) Provisions That Govern Operations of Council.--Subchapter II of
    chapter 5 and chapter 7 of title 5 shall govern the operations of the
    Council.

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

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

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

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

    [[Page 3214]]

    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.

    [[Page 3215]]

    (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,

    [[Page 3216]]

    camera, sensor, piece of electronic navigation
    equipment, power source, or other piece of equipment
    associated with a device described in subparagraph (A).
    (4) Historic light station.--The term ``historic light
    station'' includes the light tower, lighthouse, keeper's
    dwelling, garages, storage sheds, oil house, fog signal
    building, boat house, barn, pumphouse, tramhouse support
    structures, piers, walkways, underlying and appurtenant land and
    related real property and improvements associated with a
    historic light station that is a historic property.

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

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

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

    (a) Process and Policies.--The Secretary and the Administrator shall
    maintain a process and policies for identifying, and selecting, an
    eligible entity to which a historic light station could be conveyed for
    education, park, recreation, cultural, or historic preservation
    purposes, and to monitor the use of the light station by the eligible
    entity.
    (b) Application Review.--
    (1) In general.--The Secretary shall--
    (A) review all applications for the conveyance of a
    historic light station, when the agency with
    administrative jurisdiction over the historic light
    station has determined the property to be excess
    property (as that term is defined in section 102 of
    title 40); and
    (B) forward to the Administrator a single approved
    application for the conveyance of the historic light
    station.
    (2) Consultation.--When selecting an eligible entity, the
    Secretary shall consult with the State Historic Preservation
    Officer of the State in which the historic light station is
    located.

    (c) Conveyance or Sale of Historic Light Stations.--
    (1) Conveyance by administrator.--Except as provided in
    paragraph (2), after the Secretary's selection of an eligible
    entity, the Administrator shall convey, by quitclaim deed,
    without consideration, all right, title, and interest of the
    United States in and to a historic light station, subject to the
    conditions set forth in section 305104 of this title. The
    conveyance of a historic light station under this chapter shall
    not be subject to the McKinney-Vento Homeless Assistance Act (42
    U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard
    Authorization Act of 1998 (Public Law 105-383, 14 U.S.C. 93
    note).

    [[Page 3217]]

    (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

    [[Page 3218]]

    (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

    [[Page 3219]]

    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.

    [[Page 3220]]

    (d) Submerged Land.--No submerged land shall be conveyed under this
    chapter.

    Sec. 305106. Historic light station sales

    (a) In General.--
    (1) When sale may occur.--If no applicant is approved for the
    conveyance of a historic light station pursuant to sections
    305101 through 305105 of this title, the historic light station
    shall be offered for sale.
    (2) Terms of sale.--Terms of the sales--
    (A) shall be developed by the Administrator; and
    (B) shall be consistent with the requirements of
    paragraphs (1) to (4) and (8) of subsection (a), and
    subsection (b), of section 305104 of this title.
    (3) Covenants to be included in conveyance documents.--
    Conveyance documents shall include all necessary covenants to
    protect the historical integrity of the historic light station
    and ensure that any Federal aid to navigation located at the
    historic light station is operated and maintained by the United
    States for as long as needed for that purpose.

    (b) Net Sale Proceeds.--
    (1) Disposition and use of funds.--Net sale proceeds from the
    disposal of a historic light station--
    (A) located on public domain land shall be transferred
    to the National Maritime Heritage Grants Program
    established under chapter 3087 in the Department of the
    Interior; and
    (B) under the administrative control of the Secretary
    of Homeland Security--
    (i) shall be credited to the Coast Guard's
    Operating Expenses appropriation account; and
    (ii) shall be available for obligation and
    expenditure for the maintenance of light stations
    remaining under the administrative control of the
    Secretary of Homeland Security.
    (2) Availability of funds.--The funds referred to in paragraph
    (1)(B) shall remain available until expended and shall be
    available in addition to funds available in the Coast Guard's
    Operating Expense appropriation for that purpose.

    Chapter 3053--National Center for Preservation Technology and Training

    Sec.
    305301.  Definitions.
    305302.  National Center for Preservation Technology and Training.
    305303.  Preservation Technology and Training Board.
    305304.  Preservation grants.
    305305.  General provisions.
    305306.  Service preservation centers and offices.

    Sec. 305301. Definitions

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

    [[Page 3221]]

    (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

    [[Page 3222]]

    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

    [[Page 3223]]

    shall improve the coordination of the centers and offices within the
    Service, and shall, where appropriate, coordinate their activities with
    the Center and with other appropriate parties.

    Chapter 3055--National Building Museum

    Sec.
    305501.  Definitions.
    305502.  Cooperative agreement to operate museum.
    305503.  Activities and functions.
    305504.  Matching grants to Committee.
    305505.  Annual report.

    Sec. 305501. Definitions

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

    Sec. 305502. Cooperative agreement to operate museum

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

    Sec. 305503. Activities and functions

    The National Building Museum shall--
    (1) collect and disseminate information concerning the
    building arts, including the establishment of a national
    reference center for current and historic documents,
    publications, and research relating to the building arts;
    (2) foster educational programs relating to the history,
    practice, and contribution to society of the building arts,
    including promotion of imaginative educational approaches to
    enhance understanding and appreciation of all facets of the
    building arts;

    [[Page 3224]]

    (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.

    [[Page 3225]]

    (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

    [[Page 3226]]

    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.

    [[Page 3227]]

    Sec. 306108. Effect of undertaking on historic property

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

    Sec. 306109. Costs of preservation as eligible project costs

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

    Sec. 306110. Annual preservation awards program

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

    Sec. 306111. Environmental impact statement

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

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

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

    Sec. 306113. Anticipatory demolition

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

    [[Page 3228]]

    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.

    [[Page 3229]]

    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--

    [[Page 3230]]

    (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.

    [[Page 3231]]

    (e) Consideration of Undertaking on Property.--Prior to the approval
    of any undertaking outside the United States that may directly and
    adversely affect a property that is on the World Heritage List or on the
    applicable country's equivalent of the National Register, the head of a
    Federal agency having direct or indirect jurisdiction over the
    undertaking shall take into account the effect of the undertaking on the
    property for purposes of avoiding or mitigating any adverse effect.

    Sec. 307102. Effective date of regulations

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

    (e) Congressional Inaction or Rejection of Resolution of Disapproval
    Not Deemed Approval of Regulation.--Congressional inaction on or
    rejection of a resolution of disapproval shall not be deemed an
    expression of approval of the regulation.

    Sec. 307103. Access to information

    (a) Authority To Withhold From Disclosure.--The head of a Federal
    agency, or other public official receiving grant assistance pursuant to
    this division, after consultation with the Secretary, shall withhold
    from disclosure to the public information about the location, character,
    or ownership of a historic property if the Secretary and the agency
    determine that disclosure may--
    (1) cause a significant invasion of privacy;
    (2) risk harm to the historic property; or

    [[Page 3232]]

    (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

    [[Page 3233]]

    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.

    [[Page 3234]]

    Sec. 308103. Battlefield acquisition grant program

    (a) Definition.--In this section, the term ``eligible site'' means a
    site--
    (1) that is not within the exterior boundaries of a System
    unit; and
    (2) that is identified in the document entitled ``Report on
    the Nation's Civil War Battlefields'', prepared by the Civil War
    Sites Advisory Commission, and dated July 1993.

    (b) Establishment.--The Secretary shall establish a battlefield
    acquisition grant program under which the Secretary may provide grants
    to State and local governments to pay the Federal share of the cost of
    acquiring interests in eligible sites for the preservation and
    protection of those eligible sites.
    (c) Nonprofit Partners.--A State or local government may acquire an
    interest in an eligible site using a grant under this section in
    partnership with a nonprofit organization.
    (d) Non-Federal Share.--The non-Federal share of the total cost of
    acquiring an interest in an eligible site under this section shall be
    not less than 50 percent.
    (e) Limitation on Land Use.--An interest in an eligible site acquired
    under this section shall be subject to section 200305(f)(3) of this
    title.
    (f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to provide grants under this section
    $10,000,000 for each of fiscal years 2012 and 2013.

    Chapter 3083--National Underground Railroad Network to Freedom

    Sec.
    308301.  Definition.
    308302.  Program.
    308303.  Preservation and interpretation of Underground Railroad
    history, historic sites, and structures.
    308304.  Authorization of appropriations.

    Sec. 308301.  Definition

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

    Sec. 308302. Program

    (a) Establishment; Responsibilities of Secretary.--The Secretary shall
    establish in the Service the National Underground Railroad Network to
    Freedom. Under the national network, the Secretary shall--
    (1) produce and disseminate appropriate educational materials,
    such as handbooks, maps, interpretive guides, or electronic
    information;
    (2) enter into appropriate cooperative agreements and
    memoranda of understanding to provide technical assistance under
    subsection (c); and
    (3) create and adopt an official, uniform symbol or device for
    the national network and issue regulations for its use.

    (b) Elements.--The national network shall encompass the following
    elements:

    [[Page 3235]]

    (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--

    [[Page 3236]]

    (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.--

    [[Page 3237]]

    (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.

    [[Page 3238]]

    Sec. 308703. National Maritime Heritage Grants Program

    (a) Establishment.--There is established in the Department of the
    Interior the National Maritime Heritage Grants Program, to foster in the
    American public a greater awareness and appreciation of the role of
    maritime endeavors in our Nation's history and culture. The Program
    shall consist of--
    (1) annual grants to the National Trust for subgrants
    administered by the National Trust for maritime heritage
    education projects under subsection (b); and
    (2) grants to State Historic Preservation Officers for
    maritime heritage preservation projects carried out or
    administered by those Officers under subsection (c).

    (b) Grants for Maritime Heritage Education Projects.--
    (1) Grants to national trust.--The Secretary, subject to
    paragraph (2), and the availability of amounts for that purpose
    under section 308704(b)(1)(A) of this title, shall make an
    annual grant to the National Trust for maritime heritage
    education projects.
    (2) Use of grants.--Amounts received by the National Trust as
    an annual grant under this subsection shall be used to make
    subgrants to State and local governments and private nonprofit
    organizations to carry out education projects that have been
    approved by the Secretary under subsection (f) and that consist
    of--
    (A) assistance to any maritime museum or historical
    society for--
    (i) existing and new educational programs,
    exhibits, educational activities, conservation,
    and interpretation of artifacts and collections;
    (ii) minor improvements to educational and
    museum facilities; and
    (iii) other similar activities;
    (B) activities designed to encourage the preservation
    of traditional maritime skills, including--
    (i) building and operation of vessels of all
    sizes and types for educational purposes;
    (ii) special skills such as wood carving, sail
    making, and rigging;
    (iii) traditional maritime art forms; and
    (iv) sail training;
    (C) other educational activities relating to historic
    maritime resources, including--
    (i) maritime  educational  waterborne-experience
    programs in historic vessels or vessel
    reproductions;
    (ii) maritime archeological field schools; and
    (iii) educational programs on other aspects of
    maritime history;
    (D) heritage programs focusing on maritime historic
    resources, including maritime heritage trails and
    corridors; or
    (E) the construction and use of reproductions of
    historic maritime resources for educational purposes, if
    a historic maritime resource no longer exists or would
    be damaged or consumed through direct use.

    (c) Grants for Maritime Heritage Preservation Projects.--
    (1) Grants to state historic preservation officers.--The
    Secretary, acting through the National Maritime Initiative

    [[Page 3239]]

    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.

    [[Page 3240]]

    (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.

    [[Page 3241]]

    (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.--

    [[Page 3242]]

    (A) In general.--Not more than 15 percent or $500,000,
    whichever is less, of the amount available for the
    Program under subsection (a)(1)(C) for a fiscal year may
    be used for expenses of administering the Program.
    (B) Allocation.--Of the amount available under
    subparagraph (A) for a fiscal year--
    (i) one half shall be allocated to the National
    Trust for expenses incurred in administering
    grants under section 308703(b) of this title; and
    (ii) one half shall be allocated as appropriate
    by the Secretary to the Service and participating
    State Historic Preservation Officers.

    (c) Disposal of Vessels.--
    (1) Requirement.--The Secretary of Transportation shall
    dispose (by sale or by purchase of disposal services) of all
    vessels described in paragraph (2)--
    (A) in accordance with a priority system for disposing
    of vessels, as determined by the Secretary, that shall
    include provisions requiring the Maritime Administration
    to--
    (i) dispose of all deteriorated high priority
    ships that are available for disposal within 12
    months of their designation as available for
    disposal; and
    (ii) give priority to the disposition of those
    vessels that pose the most significant danger to
    the environment or cost the most to maintain;
    (B) in the manner that provides the best value to the
    Federal Government, except in any case in which
    obtaining the best value would require towing a vessel
    and the towing poses a serious threat to the
    environment; and
    (C) in accordance with the plan of the Department of
    Transportation for disposal of those vessels and
    requirements under sections 57102 to 57104 of title 46.
    (2) Description of vessels.--The vessels referred to in
    paragraph (1) are the vessels in the National Defense Reserve
    Fleet after July 1, 1994, that--
    (A) are not assigned to the Ready Reserve Force
    component of the National Defense Reserve Fleet; and
    (B) are not specifically authorized or required by
    statute to be used for a particular purpose.

    (d) Treatment of Available Amounts.--Amounts available under this
    section shall not be considered in any determination of the amounts
    available to the Department of the Interior.

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

    (a) In General.--America's National Maritime Museum shall be composed
    of the museums designated by law to be museums of America's National
    Maritime Museum on the basis that the museums--
    (1) house a collection of maritime artifacts clearly
    representing the Nation's maritime heritage; and
    (2) provide outreach programs to educate the public about the
    Nation's maritime heritage.

    (b) Initial Designation.--The following museums (meeting the criteria
    specified in subsection (a)) are designated as museums of America's
    National Maritime Museum:

    [[Page 3243]]

    (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

    [[Page 3244]]

    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;

    [[Page 3245]]

    (B) has a clear public benefit; and
    (C) is able to be completed on schedule and within the
    budget described in the grant application.
    (2) Preference.--In providing grants under this chapter, the
    Secretary may give preference to projects that carry out the
    purposes of both the program and the Preserve America Program.
    (3) Limitation.--In providing grants under this chapter, the
    Secretary shall provide only one grant to each project selected
    for a grant.

    (e) Consultation and Notification by Secretary.--
    (1) Consultation.--
    (A) In general.--Subject to subparagraph (B), the
    Secretary shall consult with the organizations described
    in section 308902(b) of this title in preparing the list
    of projects to be provided grants for a fiscal year
    under the program.
    (B) Limitation.--If an organization described in
    section 308902(b) of this title has submitted an
    application for a grant under the program, the
    organization shall be recused by the Secretary from the
    consultation requirements under subparagraph (A) and
    section 308902(b) of this title.
    (2) Notification.--Not later than 30 days before the date on
    which the Secretary provides grants for a fiscal year under the
    program, the Secretary shall submit to the Committee on Energy
    and Natural Resources and Committee on Appropriations of the
    Senate and the Committee on Natural Resources and Committee on
    Appropriations of the House of Representatives a list of any
    eligible projects that are to be provided grants under the
    program for the fiscal year.

    (f) Cost-Sharing Requirement.--
    (1) In general.--The non-Federal share of the cost of carrying
    out a project provided a grant under this chapter shall be not
    less than 50 percent of the total cost of the project.
    (2) Form of non-federal share.--The non-Federal share required
    under paragraph (1) shall be in the form of--
    (A) cash; or
    (B) donated supplies or related services, the value of
    which shall be determined by the Secretary.
    (3) Requirement.--The Secretary shall ensure that each
    applicant for a grant has the capacity and a feasible plan for
    securing the non-Federal share for an eligible project required
    under paragraph (1) before a grant is provided to the eligible
    project under the program.

    Sec. 308904. Guidelines and regulations

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

    Sec. 308905. Authorization of appropriations

    There is authorized to be appropriated to carry out this chapter
    $50,000,000 for each fiscal year, to remain available until expended.

    [[Page 3246]]

    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.

    [[Page 3247]]

    311103.  Designation of Preserve America Communities.
    311104.  Regulations.
    311105.  Authorization of appropriations.

    Sec. 311101. Definitions

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

    Sec. 311102. Establishment

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

    [[Page 3248]]

    (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.

    [[Page 3249]]

    Sec. 311105. Authorization of appropriations

    There is authorized to be appropriated to carry out this chapter
    $25,000,000 for each fiscal year, to remain available until expended.

    Subdivision 3--Administered by Other Than National Park Service

    Chapter 3121--National Trust for Historic Preservation in the United
    States

    Sec.
    312101.  Definitions.
    312102.  Establishment and purposes.
    312103.  Principal office.
    312104.  Board of trustees.
    312105.  Powers.
    312106.  Consultation with National Park System Advisory Board.

    Sec. 312101. Definitions

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

    Sec. 312102. Establishment and purposes

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

    Sec. 312103. Principal office

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

    Sec. 312104. Board of trustees

    (a) Membership.--The affairs of the National Trust shall be under the
    general direction of a board of trustees composed as follows:
    (1) The Attorney General, the Secretary, and the Director of
    the National Gallery of Art, ex officio.

    [[Page 3250]]

    (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

    [[Page 3251]]

    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.

    [[Page 3252]]

    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;

    [[Page 3253]]

    (2) encourage the preservation and protection of those
    cemeteries, monuments, and historic buildings by obtaining, in
    cooperation with the Secretary of State, assurances from foreign
    governments that the cemeteries, monuments, and buildings will
    be preserved and protected; and
    (3) prepare and disseminate reports on the condition of, and
    the progress toward preserving and protecting, those cemeteries,
    monuments, and historic buildings.

    (b) Powers.--
    (1) Hold hearings, request attendance, take testimony, and
    receive evidence.--The Commission or any member it authorizes
    may, for the purposes of carrying out this chapter, hold such
    hearings, sit and act at such times and places, request such
    attendance, take such testimony, and receive such evidence, as
    the Commission considers appropriate.
    (2) Appoint personnel and fix pay.--The Commission may appoint
    such personnel (subject to the provisions of title 5 governing
    appointments in the competitive service) and may fix the pay of
    such personnel (subject to the provisions of chapter 51 and
    subchapter III of chapter 53 of title 5), as the Commission
    considers desirable.
    (3) Procure temporary and intermittent services.--The
    Commission may procure temporary and intermittent services to
    the same extent as is authorized by section 3109(b) of title 5,
    but at rates for individuals not to exceed the daily equivalent
    of the maximum annual rate of basic pay then in effect under
    section 5376 of title 5.
    (4) Detail personnel to commisison.--On request of the
    Commission, the head of any Federal department or agency,
    including the Secretary of State, may detail, on a reimbursable
    basis, any of the personnel of that department or agency to the
    Commission to assist it in carrying out its duties under this
    chapter.
    (5) Secure information.--The Commission may secure directly
    from any department or agency of the United States, including
    the Department of State, any information necessary to enable it
    to carry out this chapter. On the request of the Chairman of the
    Commission, the head of the department or agency shall furnish
    the information to the Commission.
    (6) Gifts or donations.--The Commission may accept, use, and
    dispose of gifts or donations of money or property.
    (7) Use of mails.--The Commission may use the United States
    mails in the same manner and on the same conditions as other
    departments and agencies of the United States.

    (c) Administrative Support.--The Administrator of General Services
    shall provide to the Commission on a reimbursable basis administrative
    support services as the Commission may request.

    Sec. 312305. Reports

    As soon as practicable after the end of each fiscal year, the
    Commission shall transmit to the President a report that includes--
    (1) a detailed statement of the activities and accomplishments
    of the Commission during the fiscal year; and
    (2) any recommendations of the Commission for legislation and
    administrative actions.

    [[Page 3254]]

    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--

    [[Page 3255]]

    (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.

    [[Page 3256]]

    (b) Disposition of Relics and Specimens.--The Secretary shall consult
    with any interested Federal and State agencies, educational and
    scientific organizations, private institutions, and qualified
    individuals, with a view to determining the ownership of, and the most
    appropriate repository for, any relics and specimens recovered as a
    result of any work performed as provided for in this section.
    (c) Coordination of Activities.--The Secretary shall coordinate all
    Federal survey and recovery activities authorized under this chapter.

    Sec. 312505. Notice of dam construction

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

    Sec. 312506. Administration

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

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

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

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

    Notwithstanding section 312507(a) of this title or any other provision
    of law--

    [[Page 3257]]

    (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

    [[Page 3258]]

    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.

    [[Page 3259]]

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

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

    Sec. 320104. Jurisdiction of States in acquired land

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

    Sec. 320105. Criminal penalties

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

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

    Notwithstanding any other provision of law, no funds appropriated or
    otherwise made available to the Secretary to carry out subsection (f) or
    (g) of section 320102 of this title may be obligated or expended--
    (1) unless the appropriation of the funds has been
    specifically authorized by law enacted on or after October 30,
    1992; or
    (2) in excess of the amount prescribed by law enacted on or
    after October 30, 1992.

    Chapter 3203--Monuments, Ruins, Sites, and Objects of Antiquity

    Sec.
    320301.  National monuments.
    320302.  Permits.
    320303.  Regulations.

    Sec. 320301. National monuments

    (a) Presidential Declaration.--The President may, in the President's
    discretion, declare by public proclamation historic landmarks, historic
    and prehistoric structures, and other objects of historic or scientific
    interest that are situated on land owned or controlled by the Federal
    Government to be national monuments.
    (b) Reservation of Land.--The President may reserve parcels of land as
    a part of the national monuments. The limits of the parcels shall be
    confined to the smallest area compatible with the proper care and
    management of the objects to be protected.
    (c) Relinquishment to Federal Government.--When an object is situated
    on a parcel covered by a bona fide unperfected claim

    [[Page 3260]]

    or held in private ownership, the parcel, or so much of the parcel as
    may be necessary for the proper care and management of the object, may
    be relinquished to the Federal Government and the Secretary may accept
    the relinquishment of the parcel on behalf of the Federal Government.
    (d) Limitation on Extension or Establishment of National Monuments in
    Wyoming.--No extension or establishment of national monuments in Wyoming
    may be undertaken except by express authorization of Congress.

    Sec. 320302. Permits

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

    Sec. 320303. Regulations

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

    SEC. 4. CONFORMING AMENDMENTS.

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

    ``Sec. 1865. National Park Service

    ``(a) Violation of Regulations Relating to Use and Management of
    National Park System Units.--A person that violates any regulation
    authorized by section 100751(a) of title 54 shall be imprisoned not more
    than 6 months, fined under this title, or both, and be adjudged to pay
    all cost of the proceedings.
    ``(b) Financial Disclosure by Officers or Employees Performing
    Functions or Duties Under Subchapter III of Chapter 1007 of Title 54.--
    An officer or employee of the Department of the Interior who is subject
    to, and knowingly violates, section 100737 of title 54 or any regulation
    prescribed under that section shall be imprisoned not more than one
    year, fined under this title, or both.
    ``(c) Offenses Relating to Structures and Vegetation.--A person that
    willfully destroys, mutilates, defaces, injures, or removes any
    monument, statue, marker, guidepost, or other structure, or that
    willfully destroys, cuts, breaks, injures, or removes any tree, shrub,
    or plant within a national military park shall be imprisoned not less
    than 15 days nor more than one year, fined under this title but not less
    than $10 for each monument,

    [[Page 3261]]

    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:

    Miscellaneous                                        5001''.

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

    [[Page 3262]]

    ``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.''.

    [[Page 3263]]

    (d) Public Law 111-24.--Section 512 of Public Law 111-24 (123 Stat.
    1764) <> is amended to read as follows:

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

    ``(a) Congressional Findings.--Congress finds the following:
    ``(1) The 2d amendment to the Constitution provides that `the
    right of the people to keep and bear Arms, shall not be
    infringed'.
    ``(2) Section 27.42 of title 50, Code of Federal Regulations,
    provides that, except in special circumstances, citizens of the
    United States may not `possess, use, or transport firearms on
    national wildlife refuges' of the United States Fish and
    Wildlife Service.
    ``(3) The regulations described in paragraph (2) prevent
    individuals complying with Federal and State laws from
    exercising the 2d amendment rights of the individuals while at
    units of the National Wildlife Refuge System.
    ``(4) The existence of different laws relating to the
    transportation and possession of firearms at different units of
    the National Wildlife Refuge System entrapped law-abiding gun
    owners while at units of the National Wildlife Refuge System.
    ``(5) Although the Bush administration issued new regulations
    relating to the 2d amendment rights of law-abiding citizens in
    units of the National Wildlife Refuge System that went into
    effect on January 9, 2009--
    ``(A) on March 19, 2009, the United States District
    Court for the District of Columbia granted a preliminary
    injunction with respect to the implementation and
    enforcement of the new regulations; and
    ``(B) the new regulations--
    ``(i) are under review by the Obama
    administration; and
    ``(ii) may be altered.
    ``(6) Congress needs to weigh in on the new regulations to
    ensure that unelected bureaucrats and judges cannot again
    override the 2d amendment rights of law-abiding citizens on
    90,790,000 acres of land under the jurisdiction of the United
    States Fish and Wildlife Service.
    ``(7) Federal laws should make it clear that the 2d amendment
    rights of an individual at a unit of the National Wildlife
    Refuge System should not be infringed.

    ``(b) Protection of Right of Individuals To Bear arms in Units of the
    National Wildlife Refuge System.--The Secretary shall not promulgate or
    enforce any regulation that prohibits an individual from possessing a
    firearm, including an assembled or functional firearm, in any unit of
    the National Wildlife Refuge System if--
    ``(1) the individual is not otherwise prohibited by law from
    possessing the firearm; and
    ``(2) the possession of the firearm is in compliance with the
    law of the State in which the unit of the National Wildlife
    Refuge System is located.''.

    SEC. 5. CONFORMING CROSS-REFERENCES.

    (a) Title 7, United States Code.--Section 32(e) of the Bankhead-Jones
    Farm Tenant Act (7 U.S.C. 1011(e)) is amended

    [[Page 3264]]

    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

    [[Page 3265]]

    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

    [[Page 3266]]

    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''.

    [[Page 3267]]

    (27) Section 11(a)(2) of the National Trails System Act (16
    U.S.C. 1250(a)(2)) is amended--
    (A) by striking ``the Volunteers in the Parks Act of
    1969'' and substituting ``section 102301 of title 54,
    United States Code''; and
    (B) by striking ``section 6 of the Land and Water
    Conservation Fund Act of 1965'' and substituting
    ``200305 of title 54, United States Code''.
    (28) Section 12(4) of the National Trails System Act (16
    U.S.C. 1251(4)) is amended by striking ``the Land and Water
    Conservation Fund Act of 1965'' and substituting ``chapter 2003
    of title 54, United States Code,''.
    (29) Section 2(a) of the Wild and Scenic Rivers Act (16 U.S.C.
    1273(a)) is amended by striking ``the Land and Water
    Conservation Act of 1965'' and substituting ``chapter 2003 of
    title 54, United States Code,''.
    (30) Section 7(d) of the Wild and Scenic Rivers Act (16 U.S.C.
    1278(d)) is amended by striking ``the Land and Water
    Conservation Fund Act of 1965'' and substituting ``chapter 2003
    of title 54, United States Code''.
    (31) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C.
    1282) is amended--
    (A) in subsection (a), by striking ``the Land and
    Water Conservation Fund Act of 1965 (78 Stat. 897'' and
    substituting ``chapter 2003 of title 54, United States
    Code''; and
    (B) in subsection (b)(2)--
    (i) in subparagraph (A), by striking ``the
    Volunteers in the Parks Act of 1969'' and
    substituting ``section 102301 of title 54, United
    States Code,''; and
    (ii) in subparagraph (B), by striking ``the Land
    and Water Conservation Fund Act of 1965'' and
    substituting ``chapter 2003 of title 54, United
    States Code''.
    (32) Section 5(b) of the Endangered Species Act of 1973 (16
    U.S.C. 1534(b) is amended by striking ``the Land and Water
    Conservation Fund Act of 1965, as amended'' and substituting
    ``chapter 2003 of title 54, United States Code''.
    (33) Section 815(4) of the Alaska National Interest Lands
    Conservation Act (16 U.S.C. 3125(4)'' is amended--
    (A) by striking ``the National Park Service Organic
    Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4)'' and
    substituting ``section 100101(b)(1), chapter 1003, and
    sections 100751(a), 100752, 100753, and 102101 of title
    54, United States Code''; and
    (B) by adding ``or such title'' after ``such Acts''.
    (34) Section 6(a)(6)(C) of the Coastal Barrier Act of 1968 (16
    U.S.C. 3505(a)(6)(C)) is amended by striking ``the Land and
    Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 through
    11)'' and substituting ``chapter 2003 of title 54, United States
    Code,''.
    (35) Section 11 of the National Fish and Wildlife Foundation
    Establishment Act (16 U.S.C. 3710) is amended by striking
    ``Public Law 90-209 (16 U.S.C. 19e et seq.)'' and substituting
    ``subchapter II of chapter 1011 of title 54, United States
    Code''.
    (36) Section 805(f)(1) of the Federal Lands Recreation
    Enhancement Act (16 U.S.C. 6804(f)(1)) is amended--
    (A) by striking ``(16 U.S.C. 460l-6a)''; and
    (B) by striking ``; 16 U.S.C. 5991-5995''.

    [[Page 3268]]

    (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)(i), by striking ``section 106
    of the National Historic Preservation Act (16 U.S.C.
    470f)'' and substituting ``section 306108 of title 54'';
    and
    (B) in subparagraph (C), by striking ``section 106 of
    the National Historic Preservation Act (16 U.S.C.
    470f)'' and substituting ``section 306108 of title 54''.
    (2) Section 138(b)(2)(A) of title 23, United States Code, is
    amended by striking ``section 106 of the National Historic
    Preservation Act (16 U.S.C. 470f)'' and substituting ``section
    306108 of title 54''.
    (3) Section 206 of title 23, United States Code, is amended--
    (A) in subsection (d)(1)(B), by striking ``the Land
    and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
    4 et seq.)'' and substituting ``chapter 2003 of title
    54'';
    (B) in subsection (d)(2)(D)(ii), by striking ``the
    Land and Water Conservation Fund Act of 1965 (16 U.S.C.
    460l-4 et seq.)'' and substituting ``chapter 2003 of
    title 54''; and
    (C) in subsection (h)(3), by striking ``section
    6(f)(3) of the Land and Water Conservation Fund Act of
    1965 (16

    [[Page 3269]]

    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

    [[Page 3270]]

    by striking ``section 5(e) of the Land And Water Conservation
    Fund Act of 1965'' and substituting ``section 200305(e) of title
    54, United States Code''.
    (3) Section 5(c) of the Department of Housing and Urban
    Development Act (42 U.S.C. 3534(c)) is amended by striking ``the
    Land and Water Conservation Fund Act of 1965 (78 Stat. 897)''
    and substituting ``chapter 2003 of title 54, United States
    Code,''.
    (4) Section 121 of the Housing and Community Development Act
    of 1974 (42 U.S.C. 5320) is amended--
    (A) by amending subsection (a) to read as follows:

    ``(a) With respect to applications for assistance under section 5318
    of this title, the Secretary of the Interior, after consulting with the
    Secretary, shall prescribe and implement regulations concerning projects
    funded under section 5318 of this title and their relationship with
    division A of subtitle III and chapter 3125 of title 54, United States
    Code.''; and
    (B) in subsection (c), by striking ``section 106 of
    the Act referred to in subsection (a)(1)'' and
    substituting ``section 306108 of title 54, United States
    Code,''.
    (5) Section 504(c)(2) of the Americans with Disabilities Act
    of 1990 (42 U.S.C. 12204(c)(2)) is amended by striking ``the
    National Historic Preservation Act (16 U.S.C. 470 et seq.)'' and
    substituting ``division A of subtitle III of title 54, United
    States Code''.
    (6) Section 999H(c)(2) of the Energy Policy Act of 2005 Energy
    Research, Development, Demonstration, and Commercial Application
    Act of 2005 (42 U.S.C. 16378(c)(2)) is amended--
    (A) in subparagraph (B), by striking ``section 2(c) of
    the Land and Water Conservation Fund Act of 1965 (16
    U.S.C. 460l-5(c))'' and substituting ``section 200302(c)
    of title 54, United States Code''; and
    (B) in subparagraph (C), by striking ``section 108 of
    the National Historic Preservation Act (16 U.S.C.
    470h)'' and substituting ``chapter 3031 of title 54,
    United States Code''.

    (l) Title 43, United States Code.--
    (1) The second paragraph under the heading ``administrative
    provisions'' under the heading ``Bureau of Reclamation'' (43
    U.S.C. 377b) is amended by striking ``the Acts of August 21,
    1935 (16 U.S.C. 461-467) and June 27 1960 (16 U.S.C. 469)'' and
    substituting ``chapters 3125 and 3201 of title 54, United States
    Code''.
    (2) Section 105 of the Gulf of Mexico Energy Security Act of
    2006 (Public Law 109-432, div. C, title I, 43 U.S.C. 1331 note)
    is amended--
    (A) in subsection (a)(2)(B)--
    (i) by striking ``section 6 of the Land And
    Water Conservation Fund Act of 1965 (16 U.S.C.
    460l-8)'' and substituting ``section 200305 of
    title 54, United States Code''; and
    (ii) by striking ``section 2 of that Act (16
    U.S.C. 460l-5)'' and substituting ``section 200302
    of that title''; and
    (B) in subsection (e)(3)(B), by striking ``the Land
    and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
    4 et seq.)'' and substituting ``chapter 2003 of title
    54, United States Code''.

    [[Page 3271]]

    (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''.

    [[Page 3272]]

    (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 15, 2013. If a law enacted after
    that date amends or repeals a source provision, that law is deemed to
    amend or repeal, as the case may be, the corresponding title 54
    provision. If a law enacted after that date is otherwise inconsistent
    with a title 54 provision or a provision of this Act, that law
    supersedes the title 54 provision or provision of this Act to the extent
    of the inconsistency.
    (c) Original Date of Enactment Unchanged.--For purposes of determining
    whether one provision of law supersedes another based on enactment later
    in time, a title 54 provision is deemed to have been enacted on the date
    of enactment of the source provision that the title 54 provision
    replaces.
    (d) References to Title 54 Provisions.--A reference to a title 54
    provision is deemed to refer to the corresponding source provision.
    (e) References to Source Provisions.--A reference to a source
    provision, including a reference in a regulation, order, or other law,
    is deemed to refer to the corresponding title 54 provision.
    (f) Regulations, Orders, and Other Administrative Actions.--A
    regulation, order, or other administrative action in effect under a
    source provision continues in effect under the corresponding title 54
    provision.
    (g) Actions Taken and Offenses Committed.--An action taken or an
    offense committed under a source provision is deemed to have been taken
    or committed under the corresponding title 54 provision.

    SEC. 7. <> REPEALS.

    The following provisions of law are repealed, except with respect to
    rights and duties that matured, penalties that were incurred,

    [[Page 3273]]

    or proceedings that were begun before the date of enactment of this Act:

    Schedule of Laws Repealed
    ----------------------------------------------------------------------------------------------------------------
    United States Code Former
    Act                                    Section                     Classification
    ----------------------------------------------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

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

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

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

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

    [[Page 3274]]

    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

    [[Page 3275]]

    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

    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

    [[Page 3276]]

    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

    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

    [[Page 3277]]

    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

    [[Page 3278]]

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

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

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

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

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

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

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

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

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

    National Parks Omnibus Management Act of 1998                                  2                 16 U.S.C. 5901
    (Pub. L. 105-391)................................
    101                 16 U.S.C. 5911

    [[Page 3279]]

    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)

    [[Page 3280]]

    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)
    ----------------------------------------------------------------------------------------------------------------

    Approved December 19, 2014.

    LEGISLATIVE HISTORY--H.R. 1068:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-44 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD:
    Vol. 159 (2013):
    Apr. 23, considered and passed
    House.
    Vol. 160 (2014):
    Dec. 15, considered and passed
    Senate.