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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). —The Advisory Board shall continue to exist until December 31, 2009. In all TERMINATION other respects, it shall be subject to chapter 10 of title 5. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3147; Pub. L. 117-286, §4(a)(329), Dec. 27, 2022, 136 Stat. 4342. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 101919(a) through (c)16 U. S. C. 5958(a) through (c). Pub. L. 105-391, title IV, §409, Nov. 13, 1998, 112 Stat. 3512; Pub. L. 111-11, subtitle VII, subtitle E, §7403, 123 Stat. 1219. 101919(d) 16 U. S. C. 5958(e). 101919(e) 16 U. S. C. 5958(d). In subsection (b)(2), the text of 16 U. S. C. 5958(b)(2) (last sentence) is omitted as obsolete. In subsection (b)(3), the words "commencing with the first anniversary of its initial meeting" are omitted as obsolete. In subsection (d), the word "deemed" is substituted for "considered as" for consistency in this title and with other titles of the United States Code. EDITORIAL NOTES AMENDMENTS 2022—Subsec. (e). Pub. L. 117-286 substituted "chapter 10 of title 5. " for "the Federal Advisory Committee Act (5 U. S. C. App. ). " §101920. Contracting for services (a) CONTRACTING AUTHORIZED. — (1) MANAGEMENT ELEMENTS FOR WHICH CONTRACT REQUIRED TO MAXIMUM. —To the maximum extent practicable, the Secretary shall contract EXTENT PRACTICABLE 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). —The Secretary MANAGEMENT ELEMENTS FOR WHICH CONTRACT ALLOWED 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). —The Secretary shall consider, taking into account OTHER MANAGEMENT ELEMENTS[Release Point 118-106]	usc54118-106.pdf
the recommendations of the Advisory Board, contracting out other elements of the concessions management program, as appropriate. (c). —Nothing in this section shall diminish AUTHORITY OF SECRETARY NOT DIMINISHED 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3149. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 101920 16 U. S. C. 5959. Pub. L. 105-391, title IV, §410, Nov. 13, 1998, 112 Stat. 3514. §101921. Multiple contracts within a System unit If multiple concession contracts are awarded to authorize concessioners to provide the same or similar outfitting, guiding, river running, or other similar services at the same approximate location or resource within a System unit, the Secretary shall establish a comparable franchise fee structure for those contracts or similar contracts, except that the terms and conditions of any existing concession contract shall not be subject to modification or open to renegotiation by the Secretary because of an award of a new contract at the same approximate location or resource. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3149. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 101921 16 U. S. C. 5960. Pub. L. 105-391, title IV, §411, Nov. 13, 1998, 112 Stat. 3514. §101922. Use of nonmonetary consideration in concession contracts Section 1302 of title 40 shall not apply to concession contracts awarded by the Secretary pursuant to this subchapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3150. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 101922 16 U. S. C. 5962. Pub. L. 105-391, title IV, §413, Nov. 13, 1998, 112 Stat. 3515. The words relating to the leasing of buildings and properties of the United States" are omitted as unnecessary. §101923. Recordkeeping requirements (a). —A concessioner and any subconcessioner shall keep such records as the IN GENERAL[Release Point 118-106]	usc54118-106.pdf
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). —The Comptroller General and ACCESS TO RECORDS BY COMPTROLLER GENERAL 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3150. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 101923 16 U. S. C. 5963. Pub. L. 105-391, title IV, §414, Nov. 13, 1998, 112 Stat. 3515. In this section, the word "duly" is omitted as unnecessary. In subsection (a), the words "and any subconcessioner" and "or subconcessioner" are added for clarity. See 36 CFR 51. 98. The word "records" is substituted for "books, documents, and papers" for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words "books, papers, documents" are omitted as included in "records". The words "described in subsection (a)" are added for clarity. §101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts (a). —Promoting the sale of authentic United States Indian, Alaskan Native, Native IN GENERAL 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). —In furtherance of the purposes of subsection (a), EXEMPTION FROM FRANCHISE FEE 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3150. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 101924 16 U. S. C. 5964. Pub. L. 105-391, title IV, §416, Nov. 13, 1998, 112 Stat. 3516. §101925. Commercial use authorizations (a). —To the extent specified in this section, the Secretary, on request, may IN GENERAL 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. [Release Point 118-106]	usc54118-106.pdf
(b) CRITERIA FOR ISSUANCE OF COMMERCIAL USE AUTHORIZATIONS. — (1). —The authority of this section may be used only to REQUIRED DETERMINATIONS authorize provision of services that the Secretary determines— (A) will have minimal impact on resources and values of a System unit; and (B) are consistent with the purpose for which the System unit was established and with all applicable management plans and Service policies and regulations. (2). —The Secretary shall— ELEMENTS OF COMMERCIAL USE AUTHORIZATION (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). —Any commercial use authorization shall be limited to— LIMITATIONS (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 are not required to obtain commercial NONPROFIT INSTITUTIONS use authorizations unless taxable income is derived by the institution from the authorized use. (e). —A commercial use authorization shall not provide PROHIBITION ON CONSTRUCTION for the construction of any structure, fixture, or improvement on federally-owned land within the boundaries of a System unit. (f). —The term of any commercial use authorization shall not exceed 2 years. No DURATION preferential right of renewal or similar provisions for renewal shall be granted by the Secretary. (g). —A person, corporation, or other entity seeking or obtaining a OTHER CONTRACTS commercial use authorization shall not be precluded from submitting a proposal for concession contracts. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3150. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 101925 16 U. S. C. 5966. Pub. L. 105-391, title IV, §418, Nov. 13, 1998, 112 Stat. 3516. [Release Point 118-106]	usc54118-106.pdf
Sunset. 101938. Savings provision. 101937. Regulations. 101936. Financial management. 101935. Capital improvements. 101934. Term of commercial services contracts. 101933. Award of commercial services contracts. 101932. Contract authority. 101931. Sec. 1§101926. Regulations (a). —The Secretary shall prescribe regulations appropriate for the implementation IN GENERAL of this subchapter. (b). —The regulations— CONTENTS (1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a System unit are not segmented or otherwise split into separate concession contracts for the purposes of seeking to reduce anticipated annual gross receipts of a concession contract below $500,000; and (2) shall further define the term "United States Indian, Alaskan Native, and Native Hawaiian handicrafts" for the purposes of this subchapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3151. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 101926 16 U. S. C. 5965. Pub. L. 105-391, title IV, §417, Nov. 13, 1998, 112 Stat. 3516. The words "As soon as practicable after the effective date of this subchapter" are omitted as obsolete. SUBCHAPTER III—COMMERCIAL SERVICES AUTHORIZATION EDITORIAL NOTES CODIFICATION The table of sections for subchapter III is set out preceding section 101931 as enacted by Pub. L. 114-289, and not as part of the chapter analysis preceding section 101901. Editorially supplied. 1 §101931. Contract authority (a). —Notwithstanding subchapter II, the Secretary may award and GENERAL AUTHORITY administer commercial services contracts (and related professional services contracts) for the operation and expansion of commercial visitor facilities and visitor services programs in System units. The commercial services contracts that may be awarded shall be limited to those that are necessary and appropriate for public use and enjoyment of the unit of the System in which they are located, and, that are consistent with the preservation and conservation of the resources and values of the unit. (b). —Contracts may be awarded under subsection (a) without ADDITIONAL AUTHORITY regard to Federal laws and regulations governing procurement by Federal agencies, with the exception of laws and regulations related to Federal government contracts governing working[Release Point 118-106]	usc54118-106.pdf
conditions and wage rates, including the Alaska National Interest Lands Conservation Act (16 U. S. C. 3101 et seq. ), sections 3141-3144, 3146, and 3147 of title 40, United States Code (commonly known as the "Davis-Bacon Act"), and any civil rights provisions otherwise applicable thereto. (c) USE OF COMMERCIAL SERVICES CONTRACTS. — (1). —The Secretary may issue a commercial services contract under this IN GENERAL subchapter when the Secretary determines that the contract meets the objectives of expanding, modernizing, and improving the condition of commercial visitor facilities and the services provided to visitors. (2). —No contracts may be awarded under this subchapter— EXCEPTIONS (A) for the provision of outfitter and guide services described in section 101913(8); or (B) to authorize the provision of facilities or services for which the Secretary has granted to an existing concessioner a preferential right of renewal as defined in sections 101911 and 101913. (Added Pub. L. 114-289, title VII, §701, Dec. 16, 2016, 130 Stat. 1492. ) EDITORIAL NOTES REFERENCES IN TEXT The Alaska National Interest Lands Conservation Act, referred to in subsec. (b), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables. §101932. Award of commercial services contracts (a). —Except as provided in subsection (c), commercial COMPETITIVE SELECTION PROCESS services contracts shall be awarded by the Secretary through a competitive selection process. (b). —Before awarding a new commercial services contract, SOLICITATION OF PROPOSALS the Secretary shall publicly solicit proposals for the contract, except as provided in subsection (c). In connection with such solicitation, the Secretary shall prepare a request for proposals and shall publish notice of its availability. (Added Pub. L. 114-289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493. ) §101933. Term of commercial services contracts A commercial services contract entered into pursuant to this title shall be awarded for a term not to exceed 10 years. (Added Pub. L. 114-289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493. ) §101934. Capital improvements A person or entity awarded a contract under this subchapter shall receive no leasehold surrender interest, as defined in section 101915, in capital improvements constructed under the terms of the contract. (Added Pub. L. 114-289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493. ) §101935. Financial management (a). —There is established a revolving fund that shall be available to the REVOLVING FUND Secretary without fiscal year limitation for— (1) expenses necessary for the management, improvement, enhancement, operation,[Release Point 118-106]	usc54118-106.pdf
construction, and maintenance of commercial visitor services and facilities; and (2) payment of possessory interest and leasehold surrender interest. (b) COLLECTION OF FUNDS. — (1) Funds collected by the Secretary pursuant to the contracts awarded under this subchapter shall be credited to the revolving fund. (2) The Secretary is authorized to transfer to the revolving fund, without reimbursement, any additional funds or revenue in connection with the functions to be carried out under this subchapter. (c). —Amounts in the revolving fund shall be used by the Secretary in USE OF FUNDS furtherance of the purposes of this title. No funds from this account may be used to decrease the availability of services and programs to the public. (Added Pub. L. 114-289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493. ) §101936. Regulations As soon as practicable after the effective date of this subchapter, the Secretary shall promulgate regulations appropriate for its implementation. (Added Pub. L. 114-289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493. ) EDITORIAL NOTES REFERENCES IN TEXT The effective date of this subchapter, referred to in text, probably means the date of enactment of Pub. L. 114-289, which enacted this subchapter and was approved Dec. 16, 2016. §101937. Savings provision Nothing in this subchapter shall modify the terms or conditions of any concessions contracts awarded under subchapter II or the ability of the National Park Service to enter into concessions contracts under the National Park Service Concessions Management Improvement Act of 1998 (title IV of Public Law 105-391) including the use of leaseholder surrender interest. (Added Pub. L. 114-289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493. ) EDITORIAL NOTES REFERENCES IN TEXT The National Park Service Concessions Management Improvement Act of 1998, referred to in text, is title IV of Pub. L. 105-391, Nov. 13, 1998, 112 Stat. 3503. For complete classification of this Act to the Code, see Short Title of 1998 Act note set out under section 100101 of this title and Tables. §101938. Sunset The authority given to the Secretary under this subchapter shall expire 9 years after the date of the enactment of this subchapter. (Added Pub. L. 114-289, title VII, §701, Dec. 16, 2016, 130 Stat. 1494; amended Pub. L. 117-328, div. G, title I, §123, Dec. 29, 2022, 136 Stat. 4789. ) EDITORIAL NOTES[Release Point 118-106]	usc54118-106.pdf
Authority of Secretary to enter into lease for buildings and associated property. 102102. General provisions. 102101. Sec. REFERENCES IN TEXT The date of the enactment of this subchapter, referred to in text, is the date of enactment of Pub. L. 114-289, which was approved Dec. 16, 2016. AMENDMENTS 2022—Pub. L. 117-328 substituted "9" for "7". CHAPTER 1021—PRIVILEGES AND LEASES §102101. General provisions (a) 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). —The Secretary, under such regulations and EXCEPTION FOR GRAZING LIVESTOCK 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). —The Secretary may grant ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED 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). —No contract, lease, or privilege described in subsection (a) ASSIGNMENT OR TRANSFER 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3152. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102101 16 U. S. C. 3 (last sentence). Aug. 25, 1916, ch. 408, §3 (last sentence), 39 Stat. 535; Mar. 7, 1928, ch. 137, §1 (matter relating to section 3 of the Act of August 25, 1916, in 12th undesignated par. under heading " "), NATIONAL PARK SERVICE 45 Stat. 235; Pub. L. 85-434, May 29, 1958, 72 Stat. 152; Pub. L. 105-391, title IV, §415(b)(1), Nov. 13, 1998, 112 Stat. 3515. In subsection (a)(1), the word "rented" is omitted as included in "leases". In subsections (b) and (c), the word "permit" is omitted for consistency because a permit is not mentioned earlier in the source provision. In subsection (c), the word "lessee" is substituted for "permittees" for consistency in the section. [Release Point 118-106]	usc54118-106.pdf
§102102. Authority of Secretary to enter into lease for buildings and associated property (a). —To facilitate the administration of the System, the Secretary, under such IN GENERAL 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). —The Secretary may not use a lease under subsection (a) to PROHIBITED ACTIVITIES 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). —Buildings and associated property leased under subsection (a)—USE (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). —With respect to a lease under subsection (a)— IN GENERAL (A) payment of fair market value rental shall be required; and (B) section 1302 of title 40 shall not apply. (2). —The Secretary may adjust the rental amount as appropriate to take into ADJUSTMENT account any amounts to be expended by the lessee for preservation, maintenance, restoration, improvement, or repair and related expenses. (e) SPECIAL ACCOUNT. — (1). —Rental payments under a lease under subsection (a) shall be deposited in a DEPOSITS special account in the Treasury. (2). —Amounts in the special account shall be available until expended, AVAILABILITY 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). —The Secretary shall develop procedures for the ACCOUNTABILITY AND RESULTS 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). —The Secretary shall prescribe regulations implementing this section that REGULATIONS include provisions to encourage and facilitate competition in the leasing process and provide for timely and adequate public comment. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3152. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102102(a) 16 U. S. C. 1a-2 (matter before (a)). Pub. L. 91-383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. 16 U. S. C. 1a-2(k)(1). Pub. L. 91-383, §3(k), as added Pub. L. [Release Point 118-106]	usc54118-106.pdf
National Park Service Advisory Council. 102304. National Park System Advisory Board. 102303. National Capital region arts and cultural affairs. 102302. Volunteers in parks program. 102301. Sec. 105-391, title VIII, §802(a), Nov. 13, 1998, 112 Stat. 3522. 102102(b) through (d)16 U. S. C. 1a-2(k)(2) through (4)(B). 102102(e) 16 U. S. C. 1a-2(k)(5). 102102(f) 16 U. S. C. 1a-2(k)(4)(C). CHAPTER 1023—PROGRAMS AND ORGANIZATIONS §102301. Volunteers in parks program (a). —The Secretary may recruit, train, and accept, without regard to chapter ESTABLISHMENT 51 and subchapter III of chapter 53 of title 5 or regulations prescribed under that chapter or subchapter, the services of individuals without compensation as volunteers for or in aid of interpretive functions or other visitor services or activities in and related to System units and related areas. In accepting those services, the Secretary shall not permit the use of volunteers in hazardous duty or law enforcement work or in policymaking processes, or to displace any employee. The services of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted. (b). —The Secretary may provide for incidental expenses of INCIDENTAL EXPENSES volunteers, such as transportation, uniforms, lodging, and subsistence. (c) FEDERAL EMPLOYEE STATUS FOR VOLUNTEERS. — (1). —Except as otherwise provided in this EMPLOYMENT STATUS OF VOLUNTEERS 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). —For the purpose of sections 1346(b) and 2401(b) and chapter 171 of title TORT CLAIMS 28, a volunteer under this chapter shall be deemed a Federal employee. (3). —For the purposes of subchapter I of VOLUNTEERS DEEMED CIVIL EMPLOYEES 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). —For the purpose of claims relating COMPENSATION FOR LOSSES AND DAMAGES 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). —There is authorized to be appropriated to AUTHORIZATION OF APPROPRIATIONS carry out this section not more than $9,000,000 for each fiscal year. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3153; Pub. L. 113-235, div. F, title I, §118, Dec. 16, 2014, 128 Stat. 2421; Pub. L. 114-113, div. G, title I, §114, Dec. 18, 2015, 129 Stat. 2550; Pub. L. 114-289, title III, §303, Dec. 16, 2016, 130 Stat. 1487. ) AMENDMENT NOT SHOWN IN TEXT Subsection (d) of this section was derived from section 18j of Title 16, Conservation, which was amended by Pub. L. 113-235, div. F, title I, §118, Dec. 16, 2014, 128 Stat. 2421. For applicability of that amendment to this section, see section 6(b) of Pub. L. 113-287, set out as a Transitional and[Release Point 118-106]	usc54118-106.pdf
Savings Provisions note preceding section 100101 of this title. Former section 18j of Title 16 was amended by striking "$3,500,000" and inserting "$5,000,000". HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102301(a) 16 U. S. C. 18g. Pub. L. 91-357, §1, July 29, 1970, 84 Stat. 472; Pub. L. 98-540, §1(b), Oct. 24, 1984, 98 Stat. 2718. 102301(b) 16 U. S. C. 18h. Pub. L. 91-357, §2, July 29, 1970, 84 Stat. 472. 102301(c) 16 U. S. C. 18i. Pub. L. 91-357, §3, July 29, 1970, 84 Stat. 472; Pub. L. 101-286, title II, §204(b), May 9, 1990, 104 Stat. 175. 102301(d) 16 U. S. C. 18j. Pub. L. 91-357, §4, July 29, 1970, 84 Stat. 472; Pub. L. 94-128, Nov. 13, 1975, 89 Stat. 682; Pub. L. 98-540, §1(a), Oct. 24, 1984, 98 Stat. 2718; Pub. L. 104-333, div. I, title VIII, §805, Nov. 12, 1996, 110 Stat. 4188. In subsection (a), the words "chapter 51 and subchapter III of title 5" are substituted for "the civil service classification laws" for clarity and for consistency with other titles of the United States Code. The words "System units and related areas" are substituted for "areas administered by the Secretary through the National Park Service" for clarity and for consistency in the new title. In subsection (b), the words "of volunteers" are added for clarity. In subsection (c)(3), the words "relating to compensation to Federal employees for work injuries" are omitted as unnecessary. In subsection (d), the words "such sums as may be necessary" are omitted as unnecessary. EDITORIAL NOTES AMENDMENTS 2016—Subsec. (d). Pub. L. 114-289 substituted "not more than $9,000,000" for "not more than $7,000,000". See Amendment Subject to Availability of Appropriations note below. 2015—Subsec. (d). Pub. L. 114-113 substituted "$7,000,000" for "$3,500,000". STATUTORY NOTES AND RELATED SUBSIDIARIES AMENDMENT SUBJECT TO AVAILABILITY OF APPROPRIATIONS Pub. L. 114-289, title III, §303, Dec. 16, 2016, 130 Stat. 1487, provided that the amendment of this section by section 303 is subject to the availability of appropriations. §102302. National Capital region arts and cultural affairs (a). —There is under the direction of the Service a program to support and ESTABLISHMENT enhance artistic and cultural activities in the National Capital region. (b) GRANT ELIGIBILITY. — (1). —Eligibility for grants shall be limited to organizations— ELIGIBLE ORGANIZATIONS (A) that are of demonstrated national significance; and (B) that meet at least 2 of the criteria stated in paragraph (2). (2). —The criteria referred to in paragraph (1) are the following: CRITERIA[Release Point 118-106]	usc54118-106.pdf
(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). —Public or private colleges and universities are not ORGANIZATIONS NOT ELIGIBLE eligible for grants under the program under this section. (c). —Grants awarded under this section may be used to support general USE OF GRANTS operations and maintenance, security, or special projects. No organization may receive a grant in excess of $500,000 in a single year. (d) of Director. —The Director shall— RESPONSBILITIES 1 (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. —The contractual amounts required for the support of Ford's Theater and Wolf Trap National ARTS Park for the Performing Arts shall be available within the amount provided in this section without regard to any other provision of this section. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3154. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102302 16 U. S. C. 1e. Pub. L. 98-473, title I, §101(c) [title I, §100], Oct. 12, 1984, 98 Stat. 1837, 1844; Pub. L. 89-671, §14(c), as added Pub. L. 107-219, §1(a)(3), Aug. 21, 2002, 116 Stat. 10330. ) So in original. Probably should be " ". 1RESPONSIBILITIES §102303. National Park System Advisory Board (a). —In this section, the term "Board" means the National Park System Advisory DEFINITION Board established under subsection (b). (b). —There is established a National Park System Advisory ESTABLISHMENT AND PURPOSE 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). —Members of the Board shall be appointed on APPOINTMENT AND TERM OF OFFICE 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). —The Board shall be composed of no more than 12 persons, appointed COMPOSITION 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[Release Point 118-106]	usc54118-106.pdf
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). —The Board shall hold its 1st meeting no later than 60 days after the FIRST MEETING date on which all members of the Board who are to be appointed have been appointed. (4). —Any vacancy in the Board shall not affect its powers, but shall be filled in the VACANCY same manner in which the original appointment was made. (5). —All members of the Board shall be reimbursed for travel and per diem COMPENSATION 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). —The Board may adopt such rules as may be necessary to establish its ADOPT RULES procedures and to govern the manner of its operations, organization, and personnel. (2). —The Board shall advise the Secretary on matters ADVICE AND RECOMMENDATIONS 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). —On request of the Director, the Board is ACTIONS ON REQUEST OF DIRECTOR 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). —Any member of the Board may administer oaths or OATHS OR AFFIRMATIONS affirmations to witnesses appearing before the Board. (5). —The Board may establish committees or COMMITTEES AND SUBCOMMITTEES subcommittees. The subcommittees or committees shall be chaired by a voting member of the Board. (6). —The Board may use the United States mails in the same manner and USE OF MAILS under the same conditions as other departments and agencies in the United States. (e). —The Secretary may hire 2 full-time staffers to meet the needs of the Board. STAFF (f). —Service as a member of the Board FEDERAL LAW NOT APPLICABLE TO SERVICE 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[Release Point 118-106]	usc54118-106.pdf
States. Service as a member or an employee of the Board shall not be deemed service in an appointive or elective position in the Federal Government for purposes of section 8344 of title 5 or comparable provisions of Federal law. (g) COOPERATION OF FEDERAL AGENCIES. — (1). —The Board may secure directly from any office, department, agency, INFORMATION 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). —On request of the Board, the head of any Federal FACILITIES AND SERVICES 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) 10 5. —Chapter 10 of title 5, with the exception of section 1013(b), CHAPTER OF TITLE applies to the Board. (i). —The Board continues to exist until January 1, 2010. TERMINATION (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3155; Pub. L. 117-286, §4(a)(330), Dec. 27, 2022, 136 Stat. 4342. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102303(a) no source. 102303(b) 16 U. S. C. 463(a) (1st, 2d sentences). Aug. 21, 1935, ch. 593, §3(a) through (f), 49 Stat. 667; Pub. L. 91-383, §9, Aug. 18, 1970, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95-625, title VI, §604(2), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 101-628, title XII, §1211, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 104-333, div. I, title VIII, §814(f)(1), Nov. 12, 1996, 110 Stat. 4197; Pub. L. 109-156, §5, Dec. 30, 2005, 119 Stat. 2948; Pub. L. 110-161, div. F, title I, Dec. 26, 2007, 121 Stat. 2107; Pub. L. 111-8, div. E, title I, (last par. under heading "ADMINISTRATIVE "), Mar. 11, 2009, 123 PROVISIONS Stat. 710. 102303(c)(1), (2)16 U. S. C. 463(a) (3d through 9th sentences). 102303(c)(3) 16 U. S. C. 463(a) (10th sentence). 102303(c)(4) 16 U. S. C. 463(a) (11th sentence). 102303(c)(5) 16 U. S. C. 463(a) (13th, 14th sentences). 102303(d)(1) 16 U. S. C. 463(a) (12th sentence). [Release Point 118-106]	usc54118-106.pdf
102303(d)(2) 16 U. S. C. 463(a) (15th through last sentences). 102303(d)(3) through (5)16 U. S. C. 463(c). 102303(d)(6) 16 U. S. C. 463(e)(3). 102303(e) 16 U. S. C. 463(b)(1). 102303(f) 16 U. S. C. 463(b)(2). 102303(g) 16 U. S. C. 463(e)(1), (2). 102303(h) 16 U. S. C. 463(d), (f) (last sentence). 102303(i) 16 U. S. C. 463(f) (1st sentence). In subsection (c)(2), the words "natural or cultural" are substituted for "national or cultural" to correct an error in the source provision. EDITORIAL NOTES AMENDMENTS 2022—Subsec. (h). Pub. L. 117-286 substituted "Chapter 10 of Title 5" for "Federal Advisory Committee Act" in heading and "Chapter 10 of title 5, with the exception of section 1013(b)," for "The Federal Advisory Committee Act (5 U. S. C. App. ), with the exception of section 14(b)," in text. STATUTORY NOTES AND RELATED SUBSIDIARIES AUTHORIZATION OF APPROPRIATIONS Pub. L. 104-333, div. I, title VIII, §814(f)(2), Nov. 12, 1996, 110 Stat. 4199, provided that: "There are authorized to be appropriated to the National Park System Advisory Board $200,000 per year to carry out the provisions of section 3 of the Act of August 21, 1935 (49 Stat. 667; 16 U. S. C. 463) [see 54 U. S. C. 102303, 102304]. " [Pub. L. 104-333, div. I, title VIII, §814(f)(3), Nov. 12, 1996, 110 Stat. 4199, provided that: "This subsection [amending former section 463 of Title 16, Conservation, and enacting provisions set out as a note above] shall take effect on December 7, 1997. "] NEW YORK CITY NATIONAL SHRINES ADVISORY BOARD Act Aug. 11, 1955, ch. 779, §§1, 2, 69 Stat. 632, as amended by Pub. L. 85-658, Aug. 14, 1958, 72 Stat. 613, provided for the appointment of an advisory board, to be known as the New York City National Shrines Advisory Board, to render advice to the Secretary of the Interior and to further public participation in the rehabilitation, development and the preservation of those historic properties in the New York City area that are of great national significance, identified as the Federal Hall National Memorial, Castle Clinton National Monument, and the Statue of Liberty National Monument, to conduct a study of these historic properties, and to submit recommendations concerning their preservation and administration to the Secretary of the Interior, such report and recommendations of the Board to be transmitted to the Congress by the Secretary of the Interior, together with his recommendations thereon, within one year following the date of the establishment of the Board, and with the Board to cease to exist when the Secretary of the Interior found that its purposes had been accomplished. The Secretary of the Interior was authorized to accept donations of funds for rehabilitation, development and preservation of the historic properties including any made upon condition that such funds are to be expended only if Federal funds in an amount equal to the donated funds are appropriated for such purposes. §102304. National Park Service Advisory Council (a). —In this section: DEFINITIONS (1). —The term "Board" means the National Park System Advisory Board established BOARD under section 102303 of this title. [Release Point 118-106]	usc54118-106.pdf
Review and approval. 102504. Authority of Secretary. 102503. Definition of museum object. 102502. Purpose. 102501. Sec. (2). —The term "Council" means the National Park Service Advisory Council COUNCIL established under subsection (b). (b). —There is established a National Park Service Advisory ESTABLISHMENT AND PURPOSE Council that shall provide advice and counsel to the Board. (c) MEMBERSHIP. — (1). —Membership on the Council shall be limited to individuals whose term on ELIGIBILITY 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). —Members of the Council shall receive no salary but may be paid COMPENSATION expenses incidental to travel when engaged in discharging their duties as members. (d). —Members of the Council shall not have a vote on the Board. VOTING RESTRICTION (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3157. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102304(a)(1) no source. 102304(a)(2), (b)16 U. S. C. 463(g) (1st sentence). Aug. 21, 1935, ch. 593, §3(g), as added Pub. L. 101-628, title XII, §1212, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 104-333, div. I, title VIII, §814(f)(1)(B), Nov. 12, 1996, 110 Stat. 4198. 102304(c)(1) 16 U. S. C. 463(g) (2d, 3d, 6th, last sentences). 102304(c)(2) 16 U. S. C. 463(g) (5th sentence). 102304(d) 16 U. S. C. 463(g) (4th sentence). In subsection (c)(1), the text of 16 U. S. C. 463(g) (6th and last sentences) is omitted as obsolete. CHAPTER 1025—MUSEUMS §102501. Purpose The purpose of this chapter is to increase the public benefits from museums established within System units as a means of informing the public concerning the areas and preserving valuable objects and relics relating to the areas. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3157. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102501 16 U. S. C. 18f (1st sentence). July 1, 1955, ch. 259, §1 (1st sentence),[Release Point 118-106]	usc54118-106.pdf
69 Stat. 242. STATUTORY NOTES AND RELATED SUBSIDIARIES DISPOSAL OF UNNECESSARY OR DUPLICATE MUSEUM OBJECTS; USE OF PROCEEDS Pub. L. 101-512, title I, §116, Nov. 5, 1990, 104 Stat. 1937, provided that: "In fiscal year 1991 and thereafter, the Secretary may exercise the authorities granted in the Act of July 1, 1955 (16 U. S. C. 18f) [see 54 U. S. C. 102501, 102503(a)-(f)] in administration of the Department of the Interior Museum, and may dispose of objects no longer needed for the Museum or held in duplicate among museum properties and apply the proceeds to the purchase of museum objects, museum collections, and other personal properties at reasonable prices. " §102502. Definition of museum object In this chapter: (1). —The term "museum object" means an object that— IN GENERAL (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). —The term "museum object" includes a prehistoric or historic artifact, work INCLUSIONS of art, book, document, photograph, or natural history specimen. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3157. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102502 16 U. S. C. 18f-3(b). July 1, 1955, ch. 259, §3(b), as added Pub. L. 104-333, div. I, title VIII, §804(b), Nov. 12, 1996, 110 Stat. 4188. The words "museum collections" are omitted as unnecessary. §102503. Authority of Secretary (a). —Notwithstanding other provisions or limitations of law, the Secretary may IN GENERAL perform the functions described in this section in the manner that the Secretary considers to be in the public interest. (b). —The Secretary may accept donations and bequests of DONATIONS AND BEQUESTS money or other personal property, and hold, use, expend, and administer the money or other personal property for purposes of this chapter. (c). —The Secretary may purchase museum objects and other personal property at PURCHASES prices that the Secretary considers to be reasonable. (d). —The Secretary may make exchanges by accepting museum objects and other EXCHANGES 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). —The Secretary may accept the loan of ACCEPTANCE OF LOANS OF PROPERTY[Release Point 118-106]	usc54118-106.pdf
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). —The Secretary may loan to responsible public or private LOANS OF PROPERTY 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). —The Secretary may transfer museum objects that the TRANSFER OF MUSEUM OBJECTS 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). —The Secretary may convey museum objects that CONVEYANCE OF MUSEUM OBJECTS 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 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). —The Secretary may destroy or cause to be DESTRUCTION OF MUSEUM OBJECTS destroyed museum objects that the Secretary determines to have no scientific, cultural, historic, educational, esthetic, or monetary value. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3158. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102503(a) through (f)16 U. S. C. 18f (less 1st sentence). July 1, 1955, ch. 259, §1 (less 1st sentence), 69 Stat. 242; Pub. L. 104-333, div. I, title VIII, §804(a)(1), Nov. 12, 1996, 110 Stat. 4187. 102503(g) through (i)16 U. S. C. 18f-2(a). July 1, 1955, ch. 259, §2(a), as added Pub. L. 104-333, div. I, title VIII, §804(a)(2), Nov. 12, 1996, 110 Stat. 4187. §102504. Review and approval The Secretary shall ensure that museum objects are treated in a careful and deliberate manner that protects the public interest. Prior to taking any action under subsection (g), (h), or (i) of section 102503 of this title, the Secretary shall establish a systematic review and approval process, including consultation with appropriate experts, that meets the highest standards of the museum profession for all actions taken under those subsections. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3159. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large)[Release Point 118-106]	usc54118-106.pdf
Aid to visitors, grantees, permittees, or licensees in emergencies. 102712. 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. 102711. Crime prevention assistance. 102702. Law enforcement personnel within System. 102701. Sec. 102504 16 U. S. C. 18f-2(b). July 1, 1955, ch. 259, §(2)(b), as added Pub. L. 104-333, div. I, title VIII, §804(a)(2), Nov. 12, 1996, 110 Stat. 4188. CHAPTER 1027—LAW ENFORCEMENT AND EMERGENCY ASSISTANCE SUBCHAPTER I—LAW ENFORCEMENT SUBCHAPTER II—EMERGENCY ASSISTANCE SUBCHAPTER I—LAW ENFORCEMENT §102701. Law enforcement personnel within System (a) OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF THE INTERIOR. — (1). —The Secretary, pursuant to standards DESIGNATION AUTHORITY OF SECRETARY 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). —In the performance of the duties described in POWERS AND DUTIES OF DESIGNEES paragraph (1), the designated officers or employees may— (A) carry firearms; (B) make arrests without warrant for any offense against the United States committed in the presence of the officer or employee, or for any felony cognizable under the laws of the United States if the officer or employee has reasonable grounds to believe that the individual to be arrested has committed or is committing the felony, provided the arrests occur within the System or the individual to be arrested is fleeing from the System to avoid arrest; (C) execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed in the System or, where the individual subject to the warrant or process is in the System, in connection with any Federal offense; and (D) conduct investigations of offenses against the United States committed in the System in the absence of investigation of the offenses by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of the other agency. (b) SPECIAL POLICE OFFICERS. — (1). —The Secretary may designate officers and employees of any other Federal IN GENERAL 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). [Release Point 118-106]	usc54118-106.pdf
(2). —The Secretary COOPERATION WITH STATES AND POLITICAL SUBDIVISIONS 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. —Paragraphs (1) and (2) supplement the law RESPONSIBILITIES NOT AUTHORIZED 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). —Except as otherwise provided in this subsection, a law enforcement IN GENERAL officer of a State or political subdivision of a State designated to act as a special police officer under paragraph (1) shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal benefits. (B). —A law enforcement officer of a State or political subdivision of a State, EXCEPTIONS 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. —This section and sections 100101(b), 100502, 100507, JURISDICTION NOT PREEMPTED 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3159. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102701 16 U. S. C. 1a-6. Pub. L. 91-383, §10, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1941; Pub. L. 106-437, §2, Nov. 6,[Release Point 118-106]	usc54118-106.pdf
2000, 114 Stat. 1920; Pub. L. 108-352, §11, Oct. 21, 2004, 118 Stat. 1397. In subsection (a)(1), the words "In addition to any other authority conferred by law" are omitted as unnecessary. §102702. Crime prevention assistance (a). —The Secretary shall direct the chief RECOMMENDATIONS FOR IMPROVEMENT 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). —Based on the recommendations and list issued pursuant to DISTRIBUTION OF FUNDS 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). —Funds provided under this section may be used— USE OF FUNDS (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). —There is authorized to be appropriated out of AUTHORIZATION OF APPROPRIATIONS the Violent Crime Reduction Trust Fund not more than $10,000,000 for the Secretary to take all necessary actions to seek to reduce the incidence of violent crime in the System. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3161. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102702 16 U. S. C. 1a-7a. Pub. L. 91-383, §13, as added Pub. L. 103-322, title IV, §40132, Sept. 13, 1994, 108 Stat. 1917. SUBCHAPTER II—EMERGENCY ASSISTANCE §102711. Authority of Secretary to use applicable appropriations for the System to render assistance to nearby law enforcement and fire prevention agencies and for related activities outside the System To facilitate the administration of the System, the Secretary may use applicable appropriations for the System to render emergency rescue, firefighting, and cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside the System. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3162. ) HISTORICAL AND REVISION NOTES[Release Point 118-106]	usc54118-106.pdf
Revised Section Source (U. S. Code) Source (Statutes at Large) 102711 16 U. S. C. 1b (matter before (1)), (1). Aug. 8, 1953, ch. 384, §1 (matter before (1)), (1), 67 Stat. 495; Pub. L. 91-383, §2(a), Aug. 18, 1970, 84 Stat. 826. The words "and he may use applicable appropriations for the aforesaid system for the following purposes" are retained because the appropriation is to be used for something outside the System. §102712. Aid to visitors, grantees, permittees, or licensees in emergencies (a). —The Secretary may aid visitors within a System unit in an emergency, when no VISITORS 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). —The Secretary may in an emergency, GRANTEES, PERMITTEES, AND LICENSEES 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3162. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102712(a) 16 U. S. C. 12. July 3, 1926, ch. 792, §1, 44 Stat. 900. 102712(b) 16 U. S. C. 17c. May 26, 1930, ch. 324, §4, 46 Stat. 382. STATUTORY NOTES AND RELATED SUBSIDIARIES FEES FOR MEDICAL SERVICES Pub. L. 116-260, div. G, title I, §118, Dec. 27, 2020, 134 Stat. 1506, provided that: "Beginning in fiscal year 2022 and for each fiscal year thereafter, fees collected pursuant to section 2404 of Public Law 116-9 [see note below] shall be deposited into the National Park Medical Services Fund established pursuant to such section of such Act as discretionary offsetting receipts. " Pub. L. 116-9, title II, §2404, Mar. 12, 2019, 133 Stat. 747, provided that: "(a). —The Secretary [of the Interior] may establish and collect fees for medical FEES AUTHORIZED services provided to persons in units of the National Park System or for medical services provided by National Park Service personnel outside units of the National Park System. "(b). —There is established in the Treasury a fund, to NATIONAL PARK MEDICAL SERVICES FUND be known as the 'National Park Medical Services Fund' (referred to in this section as the 'Fund'). The Fund shall consist of— "(1) donations to the Fund; and "(2) fees collected under subsection (a). "(c). —All amounts deposited into the Fund shall be available to the AVAILABILITY OF AMOUNTS Secretary, to the extent provided in advance by Acts of appropriation, for the following in units of the National Park System:[Release Point 118-106]	usc54118-106.pdf
Conveyance of property and interests in property in System units or related areas. 102901. Sec. "(1) Services listed in subsection (a). "(2) Preparing needs assessments or other programmatic analyses for medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a). "(3) Developing management plans for medical facilities, equipment, vehicles, and other needs and costs of services listed in subsection (a). "(4) Training related to providing services listed in subsection (a). "(5) Obtaining or improving medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a). " CHAPTER 1029—LAND TRANSFERS §102901. Conveyance of property and interests in property in System units or related areas (a). —With respect to any property acquired by FREEHOLD AND LEASEHOLD INTERESTS the Secretary within a System unit or related area, except property within national parks or within national monuments of scientific significance, the Secretary may convey a freehold or leasehold interest in the property, subject to such terms and conditions as will ensure the use of the property in a manner that is, in the judgment of the Secretary, consistent with the purpose for which the System unit or related area was authorized by Congress. The Secretary shall convey the interest to the highest bidder, in accordance with such regulations as the Secretary may prescribe. The conveyance shall be at not less than the fair market value of the interest, as determined by the Secretary, except that if the conveyance is proposed within 2 years after the property to be conveyed is acquired by the Secretary, the Secretary shall allow the last owner of record of the property 30 days following the date on which the owner is notified by the Secretary in writing that the property is to be conveyed within which to notify the Secretary that the owner wishes to acquire the interest. On receiving the timely request, the Secretary shall convey the interest to the person, in accordance with such regulations as the Secretary may prescribe, on payment or agreement to pay an amount equal to the highest bid price. (b) EXCHANGE OF LAND. — (1). —The Secretary may accept title to any non-Federal property or interest in IN GENERAL 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). —Timberland subject to harvest under a sustained yield program shall not be EXCEPTION exchanged under paragraph (1). (3). —On request of a State or a political subdivision thereof, or of a party PUBLIC HEARING 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). —The values of the properties exchanged— VALUES OF 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). —The PROCEEDS CREDITED TO LAND AND WATER CONSERVATION FUND proceeds received from any conveyance under this section shall be credited to the Land and Water Conservation Fund. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3162. )[Release Point 118-106]	usc54118-106.pdf
Recovery of costs associated with special use permits. 103104. Amounts provided by private entities for utility services. 103103. Appropriations authorized and available for certain purposes. 103102. Availability and use of appropriations. 103101. Sec. HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 102901(a), (b) 16 U. S. C. 460-22(a), (b). l Pub. L. 90-401, §5(a), (b), July 15, 1968, 82 Stat. 356. 102901(c) 16 U. S. C. 460-22(d). l Pub. L. 90-401, §5(d), July 15, 1968, 82 Stat. 356; Pub. L. 98-506, §2, Oct. 19, 1984, 98 Stat. 2338. CHAPTER 1031—APPROPRIATIONS AND ACCOUNTING §103101. Availability and use of appropriations (a) CREDITS OF RECEIPTS FOR MEALS AND QUARTERS FURNISHED FEDERAL. —Cash collections and payroll deductions made GOVERNMENT EMPLOYEES IN THE FIELD for meals and quarters furnished by the Service to employees of the Federal Government in the field and to cooperating agencies may be credited as a reimbursement to the current appropriation for the administration of the System unit in which the accommodations are furnished. (b). —Appropriations AVAILABILITY FOR EXPENSE OF RECORDING DONATED LAND 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). —Funds, not to exceed $250,000 per incident, available to the Service may IN GENERAL 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). —If the Secretary expends funds under paragraph (1), the REPLENISHMENT OF FUNDS 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). —Necessary amounts are appropriated for reimbursement, pursuant to the IN GENERAL 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). —Appropriations NONAVAILABILITY OF APPROPRIATIONS TO THE SERVICE made to the Service are not available for the purpose of making reimbursements under paragraph (1). (e). —Appropriations for the Service that are available for the WATERPROOF FOOTWEAR[Release Point 118-106]	usc54118-106.pdf
purchase of equipment may be used for purchase of waterproof footwear, which shall be regarded and listed as System equipment. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3163. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103101(a) 16 U. S. C. 14b. May 9, 1935, ch. 101, §1 (34th undesignated paragraph under heading " NATIONAL PARK "), 49 Stat. 209. SERVICE 16 U. S. C. 456a. 103101(b) 16 U. S. C. 14c. June 28, 1941, ch. 259, §1 (41st undesignated paragraph under heading " NATIONAL PARK "), 55 Stat. 350. SERVICE 103101(c) 16 U. S. C. 14d. Pub. L. 102-381, title I, (1st proviso in paragraph under heading " ADMINISTRATIVE PROVISIONS " under heading " NATIONAL "), Oct. 5, 1992, PARK SERVICE 106 Stat. 1384; Pub. L. 103-332, title I, (3d proviso in paragraph under heading " ADMINISTRATIVE " under heading " PROVISIONS "), NATIONAL PARK SERVICE Sept. 30, 1994, 108 Stat. 2507. 103101(d) 16 U. S. C. 14e. Pub. L. 107-63, title I, (paragraph under heading " CONTRIBUTION " under FOR ANNUITY BENEFITS heading " NATIONAL PARK "), Nov. 5, 2001, 115 Stat. SERVICE 424. 103101(e) 16 U. S. C. 15. Mar. 7, 1928, ch. 137, §1 (28th undesignated paragraph under heading " NATIONAL PARK "), 45 Stat. 238. SERVICE In subsection (a), the word "Hereafter" in section 1 (last paragraph on p. 209) of the Act of May 9, 1935 (ch. 101, 49 Stat. 209) is omitted as obsolete. In subsection (b), the word "Hereafter" in section 1 (6th complete paragraph on p. 350) of the Act of June 28, 1941 (ch. 259, 55 Stat. 350) is omitted as obsolete. In subsection (c), the words "On and after October 5, 1992" are omitted as obsolete. In subsection (d), the words "the Policemen and Firemen's Retirement and Disability Act amendments of 1957 (Public Law 85-157, 71 Stat. 391)" are substituted for "Public Law 85-157" for clarity. The words "Policemen and Firemen's Retirement and Disability Act (ch. 433, §12, 39 Stat. 718)" are substituted for "Policeman and Fireman's Retirement and Disability Act (Act)" because of section 12(r) of the Policemen and Firemen's Retirement and Disability Act, as amended by section 3 of the Policemen and Firemen's Retirement and Disability Act amendments of 1957 (Public Law 85-157, 71 Stat. 399). The words "(not heretofore made)" and "hereafter" are omitted as obsolete. In subsection (e), the words "whenever made" are omitted as obsolete. EDITORIAL NOTES[Release Point 118-106]	usc54118-106.pdf
REFERENCES IN TEXT The Policemen and Firemen's Retirement and Disability Act amendments of 1957, referred to in subsec. (d)(1), is Pub. L. 85-157, Aug. 21, 1957, 71 Stat. 391, which is not classified to the Code. The Policemen and Firemen's Retirement and Disability Act, referred to in subsec. (d)(1), is act Sept. 1, 1916, ch. 433, §12, as added Pub. L. 85-157, §3, Aug. 21, 1957, 71 Stat. 391, which is not classified to the Code. §103102. Appropriations authorized and available for certain purposes Appropriations for the Service are authorized and are available for— (1) administration, protection, improvement, and maintenance of areas, under the jurisdiction of other Federal agencies, that are devoted to recreational use pursuant to cooperative agreements; (2) necessary local transportation and subsistence in kind of individuals selected for employment or as cooperators, serving without other compensation, while attending fire protection training camps; (3) administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal; (4) educational lectures in or in the vicinity of and with respect to System units, and services of field employees in cooperation with such nonprofit scientific and historical societies engaged in educational work in System units as the Secretary may designate; (5) travel expenses of employees attending— (A) Federal Government camps for training in forest fire prevention and suppression; (B) the Federal Bureau of Investigation National Police Academy; and (C) Federal, State, or municipal schools for training in building fire prevention and suppression; (6) investigation and establishment of water rights in accordance with local custom, laws, and decisions of courts, including the acquisition of water rights or of land or interests in land or rights-of-way for use and protection of water rights necessary or beneficial in the administration and public use of System units; (7) official telephone service in the field in the case of official telephones installed in private houses when authorized under regulations established by the Secretary; and (8) provision of transportation for children in nearby communities to and from any System unit used in connection with organized recreation and interpretive programs of the Service. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3164. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103102 16 U. S. C. 1d. Aug. 8, 1953, ch. 384, §3, 67 Stat. 496. 16 U. S. C. 17j-2(b) through (g), (i), (j). Aug. 7, 1946, ch. 788, (b) through (g), (i), (j), 60 Stat. 885, 886; Pub. L. 104-333, div. I, title VIII, §802, Nov. 12, 1996, 110 Stat. 4186. Before paragraph (1), the words "On and after August 8, 1953" in 16 U. S. C. 1d are omitted as obsolete. §103103. Amounts provided by private entities for utility services Notwithstanding any other provision of law, amounts provided to the Service by private entities for utility services shall be credited to the appropriate account and remain available until expended. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3165. )[Release Point 118-106]	usc54118-106.pdf
Studies. 103306. Travel expenses incident to study of battlefields. 103305. Recovery of land withheld. 103304. Performance of duties of commissions. 103303. Camps for military instruction. 103302. Military maneuvers. 103301. Sec. HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103103 16 U. S. C. 1h. Pub. L. 108-7, div. F, title I (words before proviso in last undesignated paragraph under heading " ADMINISTRATIVE PROVISIONS " under heading " NATIONAL "), Feb. 20, 2003, PARK SERVICE 117 Stat. 227. The words "in fiscal year 2003 and thereafter" are omitted as obsolete. §103104. Recovery of costs associated with special use permits Notwithstanding any other provision of law, the Service may recover all costs of providing necessary services associated with special use permits. The reimbursements shall be credited to the appropriation current at that time. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3165. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103104 16 U. S. C. 3a. Pub. L. 103-138, title I (2d proviso in paragraph under heading " ADMINISTRATIVE PROVISIONS " under heading " NATIONAL "), Nov. 11, 1993, PARK SERVICE 107 Stat. 1387. The words "on and after November 11, 1993" are omitted as obsolete. CHAPTER 1033—NATIONAL MILITARY PARKS §103301. Military maneuvers To obtain practical benefits of great value to the country from the establishment of national military parks, the parks and their approaches are declared to be national fields for military maneuvers for the Regular Army or Regular Air Force and the National Guard or militia of the States. National military parks shall be opened for those purposes only in the discretion of the Secretary, and under such regulations as the Secretary may prescribe. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3165. )[Release Point 118-106]	usc54118-106.pdf
HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103301 16 U. S. C. 411. May 15, 1896, ch. 182, §1, 29 Stat. 120; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. The words "or Regular Air Force" are added for consistency with section 103302 of the new title. §103302. Camps for military instruction (a). —The Secretary of the ASSEMBLING OF FORCES AND DETAILING OF INSTRUCTORS Army or Secretary of the Air Force, within the limits of appropriations that may be available for that purpose, may assemble in camp at such season of the year and for such period as the Secretary of the Army or Secretary of the Air Force may designate, at the field of military maneuvers, such portions of the military forces of the United States as the Secretary of the Army or Secretary of the Air Force may think best, to receive military instruction there. The Secretary of the Army of Secretary of the Air Force may detail instructors from the Regular Army or Regular Air Force, respectively, for those forces during their exercises. (b). —The Secretary of the Army or Secretary of the Air Force may prescribe REGULATIONS regulations governing the assembling of the National Guard or militia of the States on the maneuvering grounds. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3165. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103302 16 U. S. C. 412. May 15, 1896, ch. 182, §2, 29 Stat. 121; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. In this section, the words "or Secretary of the Air Force" and "or Regular Air Force" are added because certain functions, personnel, and property, insofar as they pertain to the Air Force, were transferred from the Secretary of the Army and Department of the Army to the Secretary of the Air Force and Department of the Air Force by Secretary of Defense Transfer Order Nos. 1, September 26, 1947; 10, April 27, 1948; and 40 [App. B(65)], July 22, 1949. In subsection (b), the words "and publish" are omitted because of 44 U. S. C. 1505. §103303. Performance of duties of commissions The duties of commissions in charge of national military parks shall be performed under the direction of the Secretary. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3166. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103303 16 U. S. C. 421. Aug. 24, 1912, ch. 355, §1 (last undesignated paragraph under heading " NATIONAL MILITARY " under heading "PARKS UNDER[Release Point 118-106]	usc54118-106.pdf
"), 37 THE WAR DEPARTMENT Stat. 442; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. Section 103303 is substituted for 16 U. S. C. 421 to eliminate obsolete words because there no longer are park commissioners for the national military parks. The references to the Secretary of the Army are changed to the Secretary the Interior because the administrative functions of certain national military parks were transferred to the Department of the Interior by section 2 of Executive Order No. 6166, June 10, 1933, and section 1 of Executive Order No. 6228, July 28, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. References to the National Park Service were substituted for references to the Office of National Parks, Buildings, and Reservations in section 2 of Executive Order No. 6166 because of the last paragraph under the heading " OFFICE OF NATIONAL PARKS, BUILDINGS, AND " in section 1 of the Act of March 2, 1934 (ch. 38, 48 Stat. 389). RESERVATIONS §103304. Recovery of land withheld (a). —The United States may bring a civil action in the courts of the United States CIVIL ACTION 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). —A person described in subsection (a) shall be guilty of trespass. TRESPASS (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3166. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103304 16 U. S. C. 416. Mar. 3, 1897, ch. 372, §§4, 5, 29 Stat. 622. In subsection (a) the words "any park commissioner" are omitted as obsolete. See section 103303 of the new title. The words "or code of practice" are omitted as obsolete because of the Federal Rules of Civil Procedure (28 U. S. C. App. ). §103305. Travel expenses incident to study of battlefields Mileage of officers of the Army and actual expenses of civilian employees traveling on duty in connection with the studies, surveys, and field investigations of battlefields shall be paid from the appropriations made to meet expenses for those purposes. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3166. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103305 16 U. S. C. 458. Mar. 8, 1928, ch. 152, 45 Stat. 249. §103306. Studies[Release Point 118-106]	usc54118-106.pdf
Summary to Congress. 103503. Signature projects and programs. 103502. Establishment. 103501. Sec. 1(a). —The Secretary of STUDY OF BATTLEFIELDS FOR COMMEMORATIVE PURPOSES 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. —The Secretary of the Army shall include annually in the Department of the Interior ESTIMATES 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). —No PURCHASE OF REAL ESTATE FOR NATIONAL MILITARY PARK PURPOSES real estate shall be purchased for national military park purposes by the Federal Government unless a report on the real estate has been made by the Secretary of the Army through the President to Congress under subsection (d). (d). —The Secretary of the Army, through the President, shall annually REPORT TO CONGRESS submit to Congress a detailed report of progress made under this subchapter, with recommendations for further operations. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3166. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 103306(a) 16 U. S. C. 455. June 11, 1926, ch. 555, 44 Stat. 726; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. 103306(b) 16 U. S. C. 455b. 103306(c) 16 U. S. C. 455c. 103306(d) 16 U. S. C. 455a. In subsection (d), the words "after December 1, 1926" are omitted as obsolete. CHAPTER 1035—NATIONAL PARK CENTENNIAL CHALLENGE FUND Editorially supplied. 1 §103501. Establishment (a). —There is established in the Treasury an account to be known as the National IN GENERAL Park Centennial Challenge Fund. (b). —All amounts received by the United States each fiscal year from sales by the DEPOSITS National Park Service of National Parks and Federal Recreational Lands Passes under section 805(b)(1) of the Federal Lands Recreation Enhancement Act that are in excess of $10,000,000 shall be deposited into the National Park Centennial Challenge Fund as offsetting collections and shall remain available to the Secretary until expended. (c). —Funds collected and deposited into the National Park Centennial Challenge USE OF FUNDS[Release Point 118-106]	usc54118-106.pdf
Fund— (1) shall be used for projects or programs approved by the Secretary to further the mission of the Service and to enhance the visitor experience in System units; (2) may not be used to acquire lands or interest in lands; and (3) may only be used if matched, on at least a 1-to-1 basis, by non-Federal donations (including funds and fairly valued durable goods and materials) to the Service for signature projects or programs. (d). —Amounts derived from the LIMITATION ON SOURCE OF FUNDS FOR MATCHING Second Century Endowment for the National Park Service shall not be treated as non-Federal donations for purposes of subsection (c)(3). (Added Pub. L. 114-289, title I, §101(a), Dec. 16, 2016, 130 Stat. 1483. ) EDITORIAL NOTES REFERENCES IN TEXT Section 805(b)(1) of the Federal Lands Recreation Enhancement Act, referred to in subsec. (b), is classified to section 6804(b)(1) of Title 16, Conservation. §103502. Signature projects and programs (a). —The Secretary shall—LIST (1) develop a list of signature projects and programs eligible for funding from the National Park Centennial Challenge Fund; (2) submit the list developed pursuant to paragraph (1) to the Committees on Appropriations and Energy and Natural Resources in the United States Senate, and to the Committees on Appropriations and Natural Resources in the House of Representatives; and (3) prioritize deferred maintenance projects, physical improvements to visitor services facilities and trail maintenance. (b). —The Secretary may, from time to time, as the Secretary finds appropriate, add UPDATES any signature project or program to the list and provide notice of such addition as required by subsection (a). (Added Pub. L. 114-289, title I, §101(a), Dec. 16, 2016, 130 Stat. 1484. ) §103503. Summary to Congress The Secretary shall provide with the submission of the President's annual budget a summary of the status and funding of signature projects and programs. (Added Pub. L. 114-289, title I, §101(a), Dec. 16, 2016, 130 Stat. 1484. ) CHAPTERS 1035 1 THROUGH 1047—RESERVED So in original. Chapter 1035 added by Pub. L. 114-289 without corresponding amendment1 of heading for reserved chapters. CHAPTER 1049—MISCELLANEOUS[Release Point 118-106]	usc54118-106.pdf
Wildlife management in parks. 104909. Bows in parks. 104908. Limitation on extension or establishment of national parks in Wyoming. 104907. Protection of right of individuals to bear arms. 104906. Preparation of mats for reproduction of photographs. 104905. Hire of work animals, vehicles, and equipment with or without personal services. 104904. Care, removal, and burial of indigents. 104903. Services or other accommodations for public. 104902. Central warehouses at System units. 104901. Sec. EDITORIAL NOTES AMENDMENTS 2019—Pub. L. 116-9, title II, §§2409(b), 2410(b), Mar. 12, 2019, 133 Stat. 752, added items 104908 and 104909. §104901. Central warehouses at System units (a). —The Secretary, in the administration of the System, may AUTHORITY OF SECRETARY maintain central warehouses at System units. (b) APPROPRIATIONS. — (1). —Appropriations made for the administration, protection, maintenance, AVAILABILITY 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). —Transfers between the various appropriations made for System AUTHORIZATION 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. —Supplies and materials that remain at the end of any fiscal year shall SUBSEQUENT YEARS 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). —Supplies and materials LIMITATION ON PURCHASE OF 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3167. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 104901 16 U. S. C. 16. Apr. 18, 1930, ch. 187, 46 Stat. 219. §104902. Services or other accommodations for public The Secretary may contract for services or other accommodations provided in System units for the public under contract with the Department of the Interior, as may be required in the administration of the Service, at rates approved by the Secretary for the furnishing of those services or[Release Point 118-106]	usc54118-106.pdf
accommodations to the Federal Government and without compliance with section 6101 of title 41. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3167. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 104902 16 U. S. C. 17b. May 26, 1930, ch. 324, §3, 46 Stat. 382. §104903. Care, removal, and burial of indigents The Secretary may provide, out of amounts appropriated for the general expenses of System units, for the temporary care and removal from a System unit of indigents, and in case of death to provide for their burial in System units not under local jurisdiction for these purposes. This section does not authorize transportation of indigents or deceased for a distance of more than 50 miles from the System unit. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3168. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 104903 16 U. S. C. 17e. May 26, 1930, ch. 324, §6, 46 Stat. 382. §104904. Hire of work animals, vehicles, and equipment with or without personal services The Secretary may hire, with or without personal services, work animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the Secretary and without compliance with section 6101 of title 41. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3168. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 104904 16 U. S. C. 17i. May 26, 1930, ch. 324, §10, 46 Stat. 383. The word "Secretary" is substituted for "National Park Service" to reflect the transfer of functions of other officers, employees, and agencies of the Department of the Interior to the Secretary by sections 1 and 2 of Reorganization Plan No. 3 of 1950 (5 U. S. C. App. ). The reference to section 16 of title 41 is omitted as obsolete because section 3744 of the Revised Statutes, classified to 41 U. S. C. 16, was repealed by the Act of October 21, 1941 (ch. 452, 55 Stat. 743). §104905. Preparation of mats for reproduction of photographs The Secretary shall prepare mats that may be used for the reproduction in magazines and newspapers of photographs of scenery in a System unit that, in the opinion of the Secretary, would[Release Point 118-106]	usc54118-106.pdf
be of interest to the people of the United States and foreign nations. The mats may be furnished, without charge and under regulations the Secretary may prescribe, to the publishers of magazines, newspapers, and any other publications that may carry photographic reproductions. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3168. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 104905 16 U. S. C. 458a. Aug. 27, 1940, ch. 690, §1, 54 Stat. 861. §104906. Protection of right of individuals to bear arms (a). —Congress finds the following: FINDINGS (1) The 2d amendment to the Constitution provides that "the right of the people to keep and bear Arms, shall not be infringed". (2) Section 2. 4(a)(1) of title 36, Code of Federal Regulations, provides that "except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net". (3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at System units. (4) The existence of different laws relating to the transportation and possession of firearms at different System units entrapped law-abiding gun owners while at System units. (5) Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in System units that went into effect on January 9, 2009— (A) on March 19, 2009, the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and (B) the new regulations— (i) are under review by the Obama administration; and (ii) may be altered. (6) Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 83,600,000 acres of System land. (7) Federal laws should make it clear that the 2d amendment rights of an individual at a System unit should not be infringed. (b) PROTECTION OF RIGHT OF INDIVIDUALS TO BEAR ARMS IN SYSTEM UNITS. —The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System unit if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the System unit is located. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3168. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 104906 16 U. S. C. 1a-7b (relating to Pub. L. 111-24, title V, §512 (relating[Release Point 118-106]	usc54118-106.pdf
National Park System). to National Park System), May 22, 2009, 123 Stat. 1764. In subsection (a)(5)(B)(i), the words "the Obama administration" are substituted for "the administration" for clarity. §104907. Limitation on extension or establishment of national parks in Wyoming No extension or establishment of national parks in Wyoming may be undertaken except by express authorization of Congress. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3169. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 104907 16 U. S. C. 451a. Sept. 14, 1950, ch. 950, §1 (proviso relating to national parks), 64 Stat. 849. The word "further" is omitted as obsolete. §104908. Bows in parks (a). —The term "not ready for DEFINITION OF NOT READY FOR IMMEDIATE USE immediate use" means— (1) a bow or crossbow, the arrows of which are secured or stowed in a quiver or other arrow transport case; and (2) with respect to a crossbow, uncocked. (b). —The Director shall not promulgate or VEHICULAR TRANSPORTATION AUTHORIZED enforce any regulation that prohibits an individual from transporting bows and crossbows that are not ready for immediate use across any System unit in the vehicle of the individual if— (1) the individual is not otherwise prohibited by law from possessing the bows and crossbows; (2) the bows or crossbows that are not ready for immediate use remain inside the vehicle of the individual throughout the period during which the bows or crossbows are transported across System land; and (3) the possession of the bows and crossbows is in compliance with the law of the State in which the System unit is located. (Added Pub. L. 116-9, title II, §2409(a), Mar. 12, 2019, 133 Stat. 751. ) §104909. Wildlife management in parks (a). —If the Secretary determines it is necessary to reduce USE OF QUALIFIED VOLUNTEERS the size of a wildlife population on System land in accordance with applicable law (including regulations), the Secretary may use qualified volunteers to assist in carrying out wildlife management on System land. (b). —Qualified volunteers providing REQUIREMENTS FOR QUALIFIED VOLUNTEERS assistance under subsection (a) shall be subject to— (1) any training requirements or qualifications established by the Secretary; and (2) any other terms and conditions that the Secretary may require. (c). —The Secretary may authorize the donation and distribution of meat from DONATIONS[Release Point 118-106]	usc54118-106.pdf
Evaluation. 120104. National Heritage Area studies and designation. 120103. Establishment of National Heritage Area System. 120102. Definition of National Heritage Area. 120101. Sec. wildlife management activities carried out under this section, including the donation and distribution to Indian Tribes, qualified volunteers, food banks, and other organizations that work to address hunger, in accordance with applicable health guidelines and such terms and conditions as the Secretary may require. (Added Pub. L. 116-9, title II, §2410(a), Mar. 12, 2019, 133 Stat. 752. ) DIVISION B—SYSTEM UNITS AND RELATED AREAS—RESERVED DIVISION C—NATIONAL HERITAGE AREAS CHAPTER 1201—NATIONAL HERITAGE AREA SYSTEM §120101. Definition of National Heritage Area In this chapter, the term "National Heritage Area" means a component of the National Heritage Area System described in section 120102(b). (Added Pub. L. 117-339, §2(a), Jan. 5, 2023, 136 Stat. 6158. ) STATUTORY NOTES AND RELATED SUBSIDIARIES PRIVATE PROPERTY AND REGULATORY PROTECTIONS Pub. L. 117-339, §2(b)(1), Jan. 5, 2023, 136 Stat. 6162, provided that: "(1). —Nothing in this section [enacting this chapter, amending provisions listed in a table of IN GENERAL National Heritage and River Corridors, a table of National Heritage Areas, and a table of National Heritage Canalways set out under section 120102 of this title, and repealing provisions set out as a note under section 120102 of this title] (including an amendment made by this section)— "(A) abridges any right of a public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within a National Heritage Area; "(B) requires any property owner to permit public access (including Federal, State, Tribal government, or local government access) to a property; "(C) modifies any provision of Federal, State, Tribal, or local law with respect to public access or use of private land; "(D)(i) alters any applicable land use regulation, land use plan, or other regulatory authority of any Federal, State, or local agency or Tribal government; or "(ii) conveys to any local coordinating entity any land use or other regulatory authority; "(E) authorizes or implies the reservation or appropriation of water or water rights; "(F) diminishes the authority of a State to manage fish and wildlife, including through the regulation of fishing and hunting within a National Heritage Area in the State; or "(G) creates or affects any liability— "(i) under any other provision of law; or "(ii) of any private property owner with respect to any person injured on private property. "[Release Point 118-106]	usc54118-106.pdf
§120102. Establishment of National Heritage Area System (a). —To recognize certain areas of the United States that tell nationally significant IN GENERAL stories and to conserve, enhance, and interpret those nationally significant stories and the natural, historic, scenic, and cultural resources of areas that illustrate significant aspects of the heritage of the United States, there is established a National Heritage Area System through the administration of which the Secretary may provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of the National Heritage Areas. (b). —The National Heritage Area NATIONAL HERITAGE AREA SYSTEM COMPONENTS System shall be composed of— (1) each National Heritage Area, National Heritage Corridor, National Heritage Canalway, Cultural Heritage Corridor, National Heritage Route, and National Heritage Partnership designated by Congress before or on the date of enactment of this chapter; and (2) each National Heritage Area designated by Congress after the date of enactment of this chapter. (c) RELATIONSHIP TO THE SYSTEM. — (1). —The Secretary shall— RELATIONSHIP TO SYSTEM UNITS (A) ensure, to the maximum extent practicable, participation and assistance by any administrator of the System unit that is located near or encompassed by a National Heritage Area in local initiatives for the National Heritage Area to conserve and interpret resources consistent with the applicable management plan for the National Heritage Area; and (B) work with local coordinating entities to promote public enjoyment of System units and System-related resources. (2) TREATMENT. — (A). —A National Heritage Area shall not be— IN GENERAL (i) considered to be a System unit; or (ii) subject to the authorities applicable to System units. (B). —Nothing in this paragraph affects the administration of a System unit located EFFECT within the boundaries of a National Heritage Area. (d). —In carrying out this chapter, the Secretary may— AUTHORITIES (1) conduct or review, as applicable, feasibility studies in accordance with section 120103(a); (2) conduct an evaluation of the accomplishments of, and submit to Congress a report that includes recommendations regarding the role of the Service with respect to, each National Heritage Area, in accordance with section 120104; (3) enter into cooperative agreements with other Federal agencies, States, Tribal governments, local governments, local coordinating entities, and other interested individuals and entities to achieve the purposes of the National Heritage Area System; (4) provide information, promote understanding, and encourage research regarding National Heritage Areas, in partnership with local coordinating entities; and (5) provide national oversight, analysis, coordination, technical and financial assistance, and support to ensure consistency and accountability of the National Heritage Area System. (Added Pub. L. 117-339, §2(a), Jan. 5, 2023, 136 Stat. 6158. ) EDITORIAL NOTES REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsec. (b), is the date of enactment of Pub. L. 117-339, which was approved Jan. 5, 2023. [Release Point 118-106]	usc54118-106.pdf
STATUTORY NOTES AND RELATED SUBSIDIARIES NATIONAL HERITAGE AREAS Abraham Lincoln National Heritage Area, Illinois. —Pub. L. 110-229, title IV, §§441-451, May 8, 2008, 122 Stat. 818-824; Pub. L. 116-9, title VI, §6002, Mar. 12, 2019, 133 Stat. 776; Pub. L. 117-328, div. G, title I, §118(e), Dec. 29, 2022, 136 Stat. 4788; Pub. L. 117-339, §5(a)(33), Jan. 5, 2023, 136 Stat. 6170. Alabama Black Belt National Heritage Area, Alabama. —Pub. L. 116-9, title VI, §6001(a)(7), as added Pub. L. 117-339, §4(a), Jan. 5, 2023, 136 Stat. 6163. Appalachian Forest National Heritage Area, Maryland and West Virginia. —Pub. L. 116-9, title VI, §6001(a)(1), Mar. 12, 2019, 133 Stat. 768. Arabia Mountain National Heritage Area, Georgia. —Pub. L. 109-338, title II, §§231-242, Oct. 12, 2006, 120 Stat. 1795-1800; Pub. L. 117-103, div. G, title I, §119( )(1), Mar. 15, 2022, 136 Stat. l 378; Pub. L. 117-339, §5(a)(25), Jan. 5, 2023, 136 Stat. 6169. Atchafalaya National Heritage Area, Louisiana. —Pub. L. 109-338, title II, §§211-221, Oct. 12, 2006, 120 Stat. 1791-1795; Pub. L. 117-103, div. G, title I, §119( )(1), Mar. 15, 2022, 136 Stat. l 378; Pub. L. 117-339, §5(a)(24), Jan. 5, 2023, 136 Stat. 6168. Augusta Canal National Heritage Area, Georgia. —Pub. L. 104-333, div. II, title III, Nov. 12, 1996, 110 Stat. 4249; Pub. L. 106-176, title II, §203, Mar. 10, 2000, 114 Stat. 31; Pub. L. 110-229, title IV, §461, May 8, 2008, 122 Stat. 824; Pub. L. 113-6, div. F, title IV, §1404(a), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(a), Jan. 17, 2014, 128 Stat. 314; Pub. L. 114-113, div. G, title I, §116(b)(2), Dec. 18, 2015, 129 Stat. 2551; Pub. L. 115-141, div. G, title I, §117(a), Mar. 23, 2018, 132 Stat. 661; Pub. L. 116-6, div. E, title I, §117, Feb. 15, 2019, 133 Stat. 233; Pub. L. 116-9, title VI, §6004(h), Mar. 12, 2019, 133 Stat. 778; Pub. L. 117-103, div. G, title I, §119(e)(7), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §5(a)(7), Jan. 5, 2023, 136 Stat. 6166. Automobile National Heritage Area (see Motor Cities National Heritage Area, Michigan). Baltimore National Heritage Area, Maryland. —Pub. L. 111-11, title VIII, §8005, Mar. 30, 2009, 123 Stat. 1247; Pub. L. 114-289, title VI, §601(b), Dec. 16, 2016, 130 Stat. 1490; Pub. L. 117-339, §5(a)(40), Jan. 5, 2023, 136 Stat. 6170. Blue Ridge National Heritage Area, North Carolina. —Pub. L. 108-108, title I, §140, Nov. 10, 2003, 117 Stat. 1274; Pub. L. 115-31, div. G, title I, §115(a), May 5, 2017, 131 Stat. 461; Pub. L. 115-141, div. G, title I, §117(b), Mar. 23, 2018, 132 Stat. 661; Pub. L. 116-9, title VI, §6004(d), Mar. 12, 2019, 133 Stat. 778; Pub. L. 117-103, div. G, title I, §119(k), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §§5(a)(20), 6(k), Jan. 5, 2023, 136 Stat. 6168, 6172. Bronzeville-Black Metropolis National Heritage Area, Illinois. —Pub. L. 116-9, title VI, §6001(a)(8), as added Pub. L. 117-339, §4(a), Jan. 5, 2023, 136 Stat. 6164. Cache La Poudre River National Heritage Area, Colorado. —Pub. L. 111-11, title VIII, §8002, Mar. 30, 2009, 123 Stat. 1229; Pub. L. 117-339, §5(a)(37), Jan. 5, 2023, 136 Stat. 6170. Cane River National Heritage Area, Louisiana. —[See 16 U. S. C. 410ccc-21 et seq. ] Crossroads of the American Revolution National Heritage Area, New Jersey. —Pub. L. 109-338, title II, §§297-297J, Oct. 12, 2006, 120 Stat. 1837-1844; Pub. L. 111-11, title VII, §7116(i), Mar. 30, 2009, 123 Stat. 1203; Pub. L. 117-103, div. G, title I, §119( )(1), Mar. 15, 2022, 136l Stat. 378; Pub. L. 117-339, §5(a)(32), Jan. 5, 2023, 136 Stat. 6170. Downeast Maine National Heritage Area, Maine. —Pub. L. 116-9, title VI, §6001(a)(9), as added Pub. L. 117-339, §4(a), Jan. 5, 2023, 136 Stat. 6164. Essex National Heritage Area, Massachusetts. —Pub. L. 104-333, div. II, title V, Nov. 12, 1996, 110 Stat. 4257; Pub. L. 106-176, title II, §204, Mar. 10, 2000, 114 Stat. 31; Pub. L. 110-229, title IV, §461, May 8, 2008, 122 Stat. 824; Pub. L. 113-6, div. F, title IV, §1404(a), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(a), Jan. 17, 2014, 128 Stat. 314; Pub. L. [Release Point 118-106]	usc54118-106.pdf
113-291, div. B, title XXX, §3052(a)(1)(B)(iii), Dec. 19, 2014, 128 Stat. 3801; Pub. L. 114-113, div. G, title I, §116(b)(1), Dec. 18, 2015, 129 Stat. 2550; Pub. L. 116-9, title VI, §6004(b), Mar. 12, 2019, 133 Stat. 778; Pub. L. 117-103, div. G, title I, §119(e)(3), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §§5(a)(9), 6(b), Jan. 5, 2023, 136 Stat. 6167, 6172. Freedom's Frontier National Heritage Area, Kansas and Missouri. —Pub. L. 109-338, title II, §§261-269, Oct. 12, 2006, 120 Stat. 1807-1813; Pub. L. 117-103, div. G, title I, §119( )(1), Mar. l 15, 2022, 136 Stat. 378; Pub. L. 117-339, §5(a)(27), Jan. 5, 2023, 136 Stat. 6169. Freedom's Way National Heritage Area, Massachusetts and New Hampshire. —Pub. L. 111-11, title VIII, §8006, Mar. 30, 2009, 123 Stat. 1253; Pub. L. 117-339, §5(a)(41), Jan. 5, 2023, 136 Stat. 6171. Great Basin National Heritage Area [formerly Great Basin National Heritage Route], Nevada and Utah. —Pub. L. 109-338, title II, §§291-291L, Oct. 12, 2006, 120 Stat. 1824-1831; Pub. L. 117-103, div. G, title I, §119( )(1), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §§5(a)(30),l 7(b), Jan. 5, 2023, 136 Stat. 6169, 6173. Hudson River Valley National Heritage Area (see Maurice D. Hinchey Hudson River Valley National Heritage Area, New York). Journey Through Hallowed Ground National Heritage Area, Maryland, Pennsylvania, Virginia, West Virginia. —Pub. L. 110-229, title IV, §§401-411, May 8, 2008, 122 Stat. 802-809; Pub. L. 117-328, div. G, title I, §118(e), Dec. 29, 2022, 136 Stat. 4788; Pub. L. 117-339, §5(a)(34), Jan. 5, 2023, 136 Stat. 6170. Kenai Mountains-Turnagain Arm National Heritage Area, Alaska. —Pub. L. 111-11, title VIII, §8010, Mar. 30, 2009, 123 Stat. 1282; Pub. L. 117-339, §5(a)(45), Jan. 5, 2023, 136 Stat. 6171. Lackawanna Valley National Heritage Area, Pennsylvania. —Pub. L. 106-278, title I, Oct. 6, 2000, 114 Stat. 814; Pub. L. 108-352, §2, Oct. 21, 2004, 118 Stat. 1395; Pub. L. 113-6, div. F, title IV, §1404(d), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(d), Jan. 17, 2014, 128 Stat. 314; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(D)(i), (2), Dec. 19, 2014, 128 Stat. 3802; Pub. L. 116-260, div. G, title I, §113(b), Dec. 27, 2020, 134 Stat. 1505; Pub. L. 117-103, div. G, title I, §119(g)(1), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §§2(c), 5(a)(15), 6(j), Jan. 5, 2023, 136 Stat. 6163, 6167, 6172. Maritime Washington National Heritage Area, Washington. —Pub. L. 116-9, title VI, §6001(a)(2), Mar. 12, 2019, 133 Stat. 769. Maurice D. Hinchey Hudson River Valley National Heritage Area [formerly Hudson River Valley National Heritage Area], New York. —Pub. L. 104-333, div. II, title IX, Nov. 12, 1996, 110 Stat. 4275; Pub. L. 105-83, title III, §§317, 324, Nov. 14, 1997, 111 Stat. 1595, 1597; Pub. L. 106-176, title II, §206, Mar. 10, 2000, 114 Stat. 31; Pub. L. 110-229, title IV, §461, May 8, 2008, 122 Stat. 824; Pub. L. 113-6, div. F, title IV, §1404(a), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(a), Jan. 17, 2014, 128 Stat. 314; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(B)(vi), (2), Dec. 19, 2014, 128 Stat. 3801, 3802; Pub. L. 116-9, title VI, §6004(k), Mar. 12, 2019, 133 Stat. 779; Pub. L. 117-103, div. G, title I, §119(e)(6), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §§2(c), 5(a)(13), 6(f), Jan. 5, 2023, 136 Stat. 6163, 6167, 6172. Mississippi Delta National Heritage Area, Mississippi. —Pub. L. 111-11, title VIII, §8008, Mar. 30, 2009, 123 Stat. 1267; Pub. L. 117-339, §5(a)(43), Jan. 5, 2023, 136 Stat. 6171. Mississippi Gulf Coast National Heritage Area, Mississippi. —Pub. L. 108-447, div. J, title VII, Dec. 8, 2004, 118 Stat. 3374. Mississippi Hills National Heritage Area, Mississippi. —Pub. L. 111-11, title VIII, §8007, Mar. 30, 2009, 123 Stat. 1260; Pub. L. 117-339, §5(a)(42), Jan. 5, 2023, 136 Stat. 6171. Mormon Pioneer National Heritage Area, Utah. —Pub. L. 109-338, title II, §§251-260, Oct. 12, 2006, 120 Stat. 1800-1807; Pub. L. 117-103, div. G, title I, §119( )(1), Mar. 15, 2022, 136 Stat. l 378; Pub. L. 117-339, §5(a)(26), Jan. 5, 2023, 136 Stat. 6169. Motor Cities National Heritage Area [formerly Automobile National Heritage Area], Michigan. —Pub. L. 105-355, title I, Nov. 6, 1998, 112 Stat. 3247; Pub. L. 113-291, div. B, title[Release Point 118-106]	usc54118-106.pdf
XXX, §3052(a)(1)(C), (2), (c)(2), Dec. 19, 2014, 128 Stat. 3802, 3805; Pub. L. 116-9, title VI, §6004(e), Mar. 12, 2019, 133 Stat. 778; Pub. L. 117-103, div. G, title I, §119(f), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §§2(c), 5(a)(14), 6(g), Jan. 5, 2023, 136 Stat. 6163, 6167, 6172. Mountains to Sound Greenway National Heritage Area, Washington. —Pub. L. 116-9, title VI, §6001(a)(3), Mar. 12, 2019, 133 Stat. 769. Muscle Shoals National Heritage Area, Alabama. —Pub. L. 111-11, title VIII, §8009, Mar. 30, 2009, 123 Stat. 1275; Pub. L. 114-289, title VI, §601(h), Dec. 16, 2016, 130 Stat. 1491; Pub. L. 117-339, §5(a)(44), Jan. 5, 2023, 136 Stat. 6171. National Aviation Heritage Area, Ohio. —Pub. L. 108-447, div. J, title V, Dec. 8, 2004, 118 Stat. 3361; Pub. L. 111-11, title VII, §7117(d), Mar. 30, 2009, 123 Stat. 1204; Pub. L. 116-94, div. D, title I, §113(a), Dec. 20, 2019, 133 Stat. 2713; Pub. L. 117-328, div. G, title I, §118(f), Dec. 29, 2022, 136 Stat. 4789; Pub. L. 117-339, §5(a)(21), Jan. 5, 2023, 136 Stat. 6168. National Coal Heritage Area, West Virginia. —Pub. L. 104-333, div. II, title I, Nov. 12, 1996, 110 Stat. 4243; Pub. L. 106-176, title II, §201, Mar. 10, 2000, 114 Stat. 31; Pub. L. 109-338, title IX, §901, Oct. 12, 2006, 120 Stat. 1862; Pub. L. 110-229, title IV, §§461, 471, May 8, 2008, 122 Stat. 824, 825; Pub. L. 113-6, div. F, title IV, §1404(a), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(a), Jan. 17, 2014, 128 Stat. 314; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(B)(i), (2), Dec. 19, 2014, 128 Stat. 3801, 3802; Pub. L. 117-103, div. G, title I, §119(e)(1), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-328, div. G, title I, §118(f), Dec. 29, 2022, 136 Stat. 4789; Pub. L. 117-339, §§2(c), 5(a)(5), Jan. 5, 2023, 136 Stat. 6163, 6166. Niagara Falls National Heritage Area, New York. —Pub. L. 110-229, title IV, §§421-432, May 8, 2008, 122 Stat. 809-818; Pub. L. 117-328, div. G, title I, §118(e), Dec. 29, 2022, 136 Stat. 4788; Pub. L. 117-339, §5(a)(35), Jan. 5, 2023, 136 Stat. 6170. Northern Neck National Heritage Area, Virginia. —Pub. L. 116-9, title VI, §6001(a)(10), as added Pub. L. 117-339, §4(a), Jan. 5, 2023, 136 Stat. 6164. Northern Plains National Heritage Area, North Dakota. —Pub. L. 111-11, title VIII, §8004, Mar. 30, 2009, 123 Stat. 1240; Pub. L. 111-88, div. A, title I, §120, Oct. 30, 2009, 123 Stat. 2929; Pub. L. 117-339, §§2(b)(2), 5(a)(39), Jan. 5, 2023, 136 Stat. 6162, 6170. Northern Rio Grande National Heritage Area, New Mexico. —Pub. L. 109-338, title II, §§201-209, Oct. 12, 2006, 120 Stat. 1787-1790; Pub. L. 117-103, div. G, title I, §119( )(1), Mar. 15, 2022,l 136 Stat. 378; Pub. L. 117-339, §5(a)(23), Jan. 5, 2023, 136 Stat. 6168. Oil Region National Heritage Area, Pennsylvania. —Pub. L. 108-447, div. J, title VI, Dec. 8, 2004, 118 Stat. 3368; Pub. L. 116-9, title VI, §6004(j), Mar. 12, 2019, 133 Stat. 779; Pub. L. 116-94, div. D, title I, §113(b), Dec. 20, 2019, 133 Stat. 2713; Pub. L. 117-328, div. G, title I, §118(g), Dec. 29, 2022, 136 Stat. 4789; Pub. L. 117-339, §5(a)(22), Jan. 5, 2023, 136 Stat. 6168. Rivers of Steel National Heritage Area [formerly Steel Industry American Heritage Area], Pennsylvania. —Pub. L. 104-333, div. II, title IV, Nov. 12, 1996, 110 Stat. 4252; Pub. L. 106-113, div. B, §1000(a)(3) [title I, §116], Nov. 29, 1999, 113 Stat. 1535, 1501A-158; Pub. L. 110-229, title IV, §§461, 472, May 8, 2008, 122 Stat. 824, 826; Pub. L. 113-6, div. F, title IV, §1404(a), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(a), Jan. 17, 2014, 128 Stat. 314; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(B)(ii), (2), Dec. 19, 2014, 128 Stat. 3801, 3802; Pub. L. 114-113, div. G, title I, §116(b)(1), Dec. 18, 2015, 129 Stat. 2550; Pub. L. 116-9, title VI, §6004(a), Mar. 12, 2019, 133 Stat. 778; Pub. L. 117-103, div. G, title I, §119(e)(2), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-328, div. G, title I, §118(b), Dec. 29, 2022, 136 Stat. 4788; Pub. L. 117-339, §§2(c), 5(a)(8), 6(a), Jan. 5, 2023, 136 Stat. 6163, 6166, 6172. Sacramento-San Joaquin Delta National Heritage Area, California. —Pub. L. 116-9, title VI, §6001(a)(4), Mar. 12, 2019, 133 Stat. 770. St. Croix National Heritage Area, U. S. Virgin Islands. —Pub. L. 116-9, title VI, §6001(a)(11), as added Pub. L. 117-339, §4(a), Jan. 5, 2023, 136 Stat. 6165. Sangre de Cristo National Heritage Area, Colorado. —Pub. L. 111-11, title VIII, §8001, Mar. 30, 2009, 123 Stat. 1224; Pub. L. 117-339, §5(a)(36), Jan. 5, 2023, 136 Stat. 6170. Santa Cruz Valley National Heritage Area, Arizona. —Pub. L. 116-9, title VI, §6001(a)(5), Mar. 12,[Release Point 118-106]	usc54118-106.pdf
2019, 133 Stat. 771. Schuylkill River Valley National Heritage Area, Pennsylvania. —Pub. L. 106-278, title II, Oct. 6, 2000, 114 Stat. 819; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(D)(ii), (2), Dec. 19, 2014, 128 Stat. 3802; Pub. L. 117-103, div. G, title I, §119(g)(2), ( ), Mar. 15, 2022, 136 Stat. 378,o 379; Pub. L. 117-339, §§2(c), 5(a)(16), Jan. 5, 2023, 136 Stat. 6163, 6168. Silos & Smokestacks National Heritage Area [formerly America's Agricultural Heritage Partnership], Iowa. —Pub. L. 104-333, div. II, title VII, Nov. 12, 1996, 110 Stat. 4264; Pub. L. 106-176, title III, §309, Mar. 10, 2000, 114 Stat. 34; Pub. L. 110-229, title IV, §461, May 8, 2008, 122 Stat. 824; Pub. L. 113-6, div. F, title IV, §1404(a), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(a), Jan. 17, 2014, 128 Stat. 314; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(B)(iv), Dec. 19, 2014, 128 Stat. 3801; Pub. L. 116-260, div. G, title I, §113(a), Dec. 27, 2020, 134 Stat. 1505; Pub. L. 117-103, div. G, title I, §119(e)(4), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §§5(a)(11), 6(d), 7(a), Jan. 5, 2023, 136 Stat. 6167, 6172, 6173. Southern Maryland National Heritage Area, Maryland. —Pub. L. 116-9, title VI, §6001(a)(13), as added Pub. L. 117-339, §4(a), Jan. 5, 2023, 136 Stat. 6165. South Park National Heritage Area, Colorado. —Pub. L. 111-11, title VIII, §8003, Mar. 30, 2009, 123 Stat. 1235; Pub. L. 117-339, §5(a)(38), Jan. 5, 2023, 136 Stat. 6170. Steel Industry American Heritage Area (see Rivers of Steel National Heritage Area, Pennsylvania). Susquehanna National Heritage Area, Pennsylvania. —Pub. L. 116-9, title VI, §6001(a)(6), Mar. 12, 2019, 133 Stat. 771. Tennessee Civil War Heritage Area, Tennessee. —Pub. L. 104-333, div. II, title II, Nov. 12, 1996, 110 Stat. 4245; Pub. L. 106-176, title II, §202, Mar. 10, 2000, 114 Stat. 31; Pub. L. 110-229, title IV, §461, May 8, 2008, 122 Stat. 824; Pub. L. 113-6, div. F, title IV, §1404(a), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(a), Jan. 17, 2014, 128 Stat. 314; Pub. L. 114-113, div. G, title I, §116(b)(2), Dec. 18, 2015, 129 Stat. 2551; Pub. L. 115-141, div. G, title I, §117(a), Mar. 23, 2018, 132 Stat. 661; Pub. L. 116-6, div. E, title I, §117, Feb. 15, 2019, 133 Stat. 233; Pub. L. 116-9, title VI, §6004(g), Mar. 12, 2019, 133 Stat. 778; Pub. L. 117-103, div. G, title I, §119(e)(9), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §5(a)(6), Jan. 5, 2023, 136 Stat. 6166. Upper Housatonic Valley National Heritage Area, Connecticut and Massachusetts. —Pub. L. 109-338, title II, §§271-280B, Oct. 12, 2006, 120 Stat. 1813-1819; Pub. L. 117-103, div. G, title I, §119()(2), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §5(a)(28), Jan. 5, 2023, 136 Stat. l 6169. Wheeling National Heritage Area, West Virginia. —Pub. L. 106-291, title I, §157, Oct. 11, 2000, 114 Stat. 963; Pub. L. 113-235, div. F, title I, §120(b), Dec. 16, 2014, 128 Stat. 2421; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(E), (2), Dec. 19, 2014, 128 Stat. 3802; Pub. L. 114-113, div. G, title I, §116(a), Dec. 18, 2015, 129 Stat. 2550; Pub. L. 116-9, title VI, §6004(f), Mar. 12, 2019, 133 Stat. 778; Pub. L. 117-103, div. G, title I, §119(h), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-328, div. G, title I, §118(d), Dec. 29, 2022, 136 Stat. 4788; Pub. L. 117-339, §§2(c), 5(a)(17), 6(h), Jan. 5, 2023, 136 Stat. 6163, 6168, 6172. Yuma Crossing National Heritage Area, Arizona. —Pub. L. 106-319, Oct. 19, 2000, 114 Stat. 1280; Pub. L. 109-318, §1, Oct. 11, 2006, 120 Stat. 1745; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(F), (2), Dec. 19, 2014, 128 Stat. 3802; Pub. L. 117-103, div. G, title I, §119(i), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §§2(c), 5(a)(18), Jan. 5, 2023, 136 Stat. 6163, 6168. NATIONAL HERITAGE AND RIVER CORRIDORS Blackstone River Valley National Heritage Corridor (see John H. Chafee Blackstone River Valley National Heritage Corridor, Massachusetts and Rhode Island). [Release Point 118-106]	usc54118-106.pdf
Cache La Poudre Corridor, Colorado. —Pub. L. 104-323, Oct. 19, 1996, 110 Stat. 3889; repealed by Pub. L. 111-11, title VIII, §8002(j), Mar. 30, 2009, 123 Stat. 1235. Delaware and Lehigh National Heritage Corridor, Pennsylvania. —Pub. L. 100-692, Nov. 18, 1988, 102 Stat. 4552; Pub. L. 105-355, title IV, Nov. 6, 1998, 112 Stat. 3258; Pub. L. 108-199, div. H, §141, Jan. 23, 2004, 118 Stat. 443; Pub. L. 111-11, title VIII, §8202, Mar. 30, 2009, 123 Stat. 1292; Pub. L. 113-6, div. F, title IV, §1404(c), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(c), Jan. 17, 2014, 128 Stat. 314; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(A), (2), Dec. 19, 2014, 128 Stat. 3801, 3802; Pub. L. 117-103, div. G, title I, §119(c), Mar. 15, 2022, 136 Stat. 377; Pub. L. 117-339, §§2(c), 5(a)(3), Jan. 5, 2023, 136 Stat. 6163, 6166. Erie Canalway National Heritage Corridor, New York. —Pub. L. 106-554, §1(a)(4) [div. B, title VIII], Dec. 21, 2000, 114 Stat. 2763, 2763A-295; Pub. L. 111-11, title VIII, §8203, Mar. 30, 2009, 123 Stat. 1294; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(G), (2), Dec. 19, 2014, 128 Stat. 3802; Pub. L. 115-31, div. G, title I, §115(b), May 5, 2017, 131 Stat. 461; Pub. L. 116-94, div. D, title I, §113(e), Dec. 20, 2019, 133 Stat. 2714; Pub. L. 117-103, div. G, title I, §119(j), (m), (p), Mar. 15, 2022, 136 Stat. 378, 379; Pub. L. 117-339, §§2(c), 5(a)(19), Jan. 5, 2023, 136 Stat. 6163, 6168. Gullah/Geechee Cultural Heritage Corridor, Florida, Georgia, North Carolina, and South Carolina. —Pub. L. 109-338, title II, §§295-295L, Oct. 12, 2006, 120 Stat. 1832-1837; Pub. L. 114-233, §1, Oct. 7, 2016, 130 Stat. 962; Pub. L. 117-103, div. G, title I, §119( )(1), (q), Mar. 15,l 2022, 136 Stat. 378, 379; Pub. L. 117-339, §5(a)(31), Jan. 5, 2023, 136 Stat. 6169. Illinois and Michigan Canal National Heritage Corridor, Illinois. —Pub. L. 98-398, title I, Aug. 24, 1984, 98 Stat. 1456; Pub. L. 104-333, div. I, title IX, §902, Nov. 12, 1996, 110 Stat. 4204; Pub. L. 105-355, title V, §502, Nov. 6, 1998, 112 Stat. 3261; Pub. L. 106-554, §1(a)(4) [div. B, title I, §126], Dec. 21, 2000, 114 Stat. 2763, 2763A-229; Pub. L. 109-338, title IV, Oct. 12, 2006, 120 Stat. 1850; Pub. L. 117-103, div. G, title I, §119(a), (n), Mar. 15, 2022, 136 Stat. 377, 378; Pub. L. 117-328, div. G, title I, §118(h), (i), Dec. 29, 2022, 136 Stat. 4789; Pub. L. 117-339, §5(a)(1), Jan. 5, 2023, 136 Stat. 6165. John H. Chafee Blackstone River Valley National Heritage Corridor [formerly Blackstone River Valley National Heritage Corridor], Massachusetts and Rhode Island. —Pub. L. 99-647, Nov. 10, 1986, 100 Stat. 3625; Pub. L. 101-441, Oct. 18, 1990, 104 Stat. 1017; Pub. L. 102-154, title I, §118, Nov. 13, 1991, 105 Stat. 1013; Pub. L. 104-208, div. A, title I, §101(d) [title I, §115], Sept. 30, 1996, 110 Stat. 3009-181, 3009-201; Pub. L. 104-333, div. I, title IX, §901, Nov. 12, 1996, 110 Stat. 4201; Pub. L. 105-355, title V, §501, Nov. 6, 1998, 112 Stat. 3261; Pub. L. 106-113, div. B, §1000(a)(3) [title III, §343], Nov. 29, 1999, 113 Stat. 1535, 1501A-202; Pub. L. 106-176, title I, §121, Mar. 10, 2000, 114 Stat. 29; Pub. L. 109-338, title VII, §§701, 702, Oct. 12, 2006, 120 Stat. 1857; Pub. L. 111-11, title VIII, §8204, Mar. 30, 2009, 123 Stat. 1295; Pub. L. 112-10, div. B, title VII, §1767, Apr. 15, 2011, 125 Stat. 155; Pub. L. 113-6, div. F, title IV, §1404(b), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(b), Jan. 17, 2014, 128 Stat. 314; Pub. L. 113-291, div. B, title XXX, §3052(b), Dec. 19, 2014, 128 Stat. 3803; Pub. L. 117-103, div. G, title I, §119(b), Mar. 15, 2022, 136 Stat. 377; Pub. L. 117-339, §5(a)(2), Jan. 5, 2023, 136 Stat. 6166. Ohio & Erie Canal National Heritage Corridor (see Ohio & Erie National Heritage Canalway, Ohio). Quinebaug and Shetucket Rivers Valley National Heritage Corridor (see The Last Green Valley National Heritage Corridor, Connecticut and Massachusetts). South Carolina National Heritage Corridor, South Carolina. —Pub. L. 104-333, div. II, title VI, Nov. 12, 1996, 110 Stat. 4260; Pub. L. 110-229, title IV, §§461, 473, May 8, 2008, 122 Stat. 824, 826; Pub. L. 113-6, div. F, title IV, §1404(a), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(a), Jan. 17, 2014, 128 Stat. 314; Pub. L. 114-113, div. G, title I, §116(b)(2), Dec. 18, 2015, 129 Stat. 2551; Pub. L. 115-141, div. G, title I, §117(a), Mar. 23, 2018, 132 Stat. 661; Pub. L. 116-6, div. E, title I, §117, Feb. 15, 2019, 133 Stat. 233; Pub. L. 116-9, title VI, §6004(i),[Release Point 118-106]	usc54118-106.pdf
Mar. 12, 2019, 133 Stat. 778; Pub. L. 116-94, div. D, title I, §113(d), Dec. 20, 2019, 133 Stat. 2714; Pub. L. 117-103, div. G, title I, §119(e)(8), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-328, div. G, title I, §118(c), Dec. 29, 2022, 136 Stat. 4788; Pub. L. 117-339, §§5(a)(10), 6(c), Jan. 5, 2023, 136 Stat. 6167, 6172. Southern Campaign of the Revolution National Heritage Corridor, North Carolina and South Carolina. —Pub. L. 116-9, title VI, §6001(a)(12), as added Pub. L. 117-339, §4(a), Jan. 5, 2023, 136 Stat. 6165. The Last Green Valley National Heritage Corridor [formerly Quinebaug and Shetucket Rivers Valley National Heritage Corridor], Connecticut and Massachusetts. —Pub. L. 103-449, title I, Nov. 2, 1994, 108 Stat. 4752; Pub. L. 106-149, Dec. 9, 1999, 113 Stat. 1726; Pub. L. 111-11, title VIII, §8201, Mar. 30, 2009, 123 Stat. 1291; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(H), (2), (c)(1), Dec. 19, 2014, 128 Stat. 3802, 3804; Pub. L. 116-94, div. D, title I, §113(c), Dec. 20, 2019, 133 Stat. 2714; Pub. L. 117-103, div. G, title I, §119(d), Mar. 15, 2022, 136 Stat. 377; Pub. L. 117-328, div. G, title I, §118(a), Dec. 29, 2022, 136 Stat. 4788; Pub. L. 117-339, §§2(c), 5(a)(4), 6(i), Jan. 5, 2023, 136 Stat. 6163, 6166, 6172. NATIONAL HERITAGE CANALWAYS Ohio & Erie National Heritage Canalway, Ohio [formerly Ohio & Erie Canal National Heritage Corridor]. —Pub. L. 104-333, div. II, title VIII, Nov. 12, 1996, 110 Stat. 4267; Pub. L. 106-176, title II, §205, Mar. 10, 2000, 114 Stat. 31; Pub. L. 110-229, title IV, §§461, 474, May 8, 2008, 122 Stat. 824, 826; Pub. L. 111-11, title VII, §7116(j), Mar. 30, 2009, 123 Stat. 1203; Pub. L. 113-6, div. F, title IV, §1404(a), Mar. 26, 2013, 127 Stat. 420; Pub. L. 113-76, div. G, title I, §119(a), Jan. 17, 2014, 128 Stat. 314; Pub. L. 113-291, div. B, title XXX, §3052(a)(1)(B)(v), (2), Dec. 19, 2014, 128 Stat. 3801, 3802; Pub. L. 114-113, div. G, title I, §116(b)(1), Dec. 18, 2015, 129 Stat. 2550; Pub. L. 116-9, title VI, §6004(c), Mar. 12, 2019, 133 Stat. 778; Pub. L. 117-103, div. G, title I, §119(e)(5), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §§2(c), 5(a)(12), 6(e), Jan. 5, 2023, 136 Stat. 6163, 6167, 6172. NATIONAL HERITAGE PARTNERSHIPS America's Agricultural Heritage Partnership (see Silos & Smokestacks National Heritage Area, Iowa). Champlain Valley National Heritage Partnership, New York and Vermont. —Pub. L. 109-338, title II, §§281-289, Oct. 12, 2006, 120 Stat. 1819-1824; Pub. L. 117-103, div. G, title I, §119( )(1),l Mar. 15, 2022, 136 Stat. 378; Pub. L. 117-339, §5(a)(29), Jan. 5, 2023, 136 Stat. 6169. NATIONAL HERITAGE ROUTES Great Basin National Heritage Route (see Great Basin National Heritage Area, Nevada and Utah). MANAGEMENT OF NATIONAL HERITAGE AREAS DESIGNATED BY SECTION 6001(A) OF PUB. L. 116-9 Pub. L. 117-339, §4(b), (c), Jan. 5, 2023, 136 Stat. 6165, provided that, for purposes of section 6001(c) of Pub. L. 116-9, see below, the local coordinating entity for each of the National Heritage Areas designated[Release Point 118-106]	usc54118-106.pdf
under the amendment made by section 4(a) of Pub. L. 117-339 were to submit to the Secretary for approval a proposed management plan for the applicable National Heritage Area not later than 3 years after Jan. 5, 2023, and, for purposes of section 6001(g)(4) of Pub. L. 116-9, the authority of the Secretary to provide assistance under that section for each of the National Heritage Areas designated under the amendment made by section 4(a) of Pub. L. 117-339 would terminate on the date that is 15 years after Jan. 5, 2023. Pub. L. 116-9, title VI, §6001(b)-(g), Mar. 12, 2019, 133 Stat. 771-776, as amended by Pub. L. 117-339, §8, Jan. 5, 2023, 136 Stat. 6173, related to the management of the Appalachian Forest National Heritage Area, Maritime Washington National Heritage Area, Mountains to Sound Greenway National Heritage Area, Sacramento-San Joaquin Delta National Heritage Area, Santa Cruz Valley National Heritage Area, and Susquehanna National Heritage Area, including administration, management plans, relationship to other Federal agencies, private property and regulatory protections, evaluation and report, and authorization of appropriations. CONDITIONAL EXTENSION OF AUTHORITIES Pub. L. 113-291, div. B, title XXX, §3052(a)(2), Dec. 19, 2014, 128 Stat. 3802, which made most of the amendments by section 3052(a)(1) of Pub. L. 113-291 applicable through Sept. 20, 2020, unless an evaluation and report regarding national heritage areas were completed, was repealed by Pub. L. 117-339, §2(c), Jan. 5, 2023, 136 Stat. 6163. §120103. National Heritage Area studies and designation (a) STUDIES. — (1). —Subject to the availability of appropriations, the Secretary may carry out IN GENERAL or review a study to assess the suitability and feasibility of each proposed National Heritage Area for designation as a National Heritage Area. (2) PREPARATION. — (A). —A study under paragraph (1) may be carried out— IN GENERAL (i) by the Secretary, in consultation with State and local historic preservation officers, State and local historical societies, State and local tourism offices, and other appropriate organizations and governmental agencies; or (ii) by interested individuals or entities, if the Secretary certifies that the completed study meets the requirements of paragraph (3). (B). —Not later than 1 year after receiving a study carried out by CERTIFICATION interested individuals or entities under subparagraph (A)(ii), the Secretary shall review and certify whether the study meets the requirements of paragraph (3). (3). —A study under paragraph (1) shall include analysis, documentation, REQUIREMENTS and determinations on whether the proposed National Heritage Area— (A) has an assemblage of natural, historic, and cultural resources that— (i) represent distinctive aspects of the heritage of the United States; (ii) are worthy of recognition, conservation, interpretation, and continuing use; and (iii) would be best managed— (I) through partnerships among public and private entities; and (II) by linking diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (C) provides outstanding opportunities— (i) to conserve natural, historic, cultural, or scenic features; and (ii) for recreation and education; (D) contains resources that— (i) are important to any identified themes of the proposed National Heritage Area; and[Release Point 118-106]	usc54118-106.pdf
(ii) retain a degree of integrity capable of supporting interpretation; (E) includes a diverse group of residents, business interests, nonprofit organizations, and State and local governments that— (i) are involved in the planning of the proposed National Heritage Area; (ii) have developed a conceptual financial plan that outlines the roles of all participants in the proposed National Heritage Area, including the Federal Government; and (iii) have demonstrated significant support for the designation of the proposed National Heritage Area; (F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the proposed National Heritage Area while encouraging State and local economic activity; and (G) has a conceptual boundary map that is supported by the public. (4) REPORT. — (A). —For each study carried out under paragraph (1), the Secretary shall IN GENERAL submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (i) any correspondence received by the Secretary demonstrating support for, or opposition to, the establishment of the National Heritage Area; (ii) the findings of the study; and (iii) any conclusions and recommendations of the Secretary. (B) TIMING. — (i). —With respect to a study carried STUDIES CARRIED OUT BY THE SECRETARY out by the Secretary in accordance with paragraph (2)(A)(i), the Secretary shall submit a report under subparagraph (A) not later than 3 years after the date on which funds are first made available to carry out the study. (ii). —With respect to a STUDIES CARRIED OUT BY OTHER INTERESTED PARTIES study carried out by interested individuals or entities in accordance with paragraph (2)(A)(ii), the Secretary shall submit a report under subparagraph (A) not later than 180 days after the date on which the Secretary certifies under paragraph (2)(B) that the study meets the requirements of paragraph (3). (b). —An area shall be designated as a National Heritage Area only by an Act of DESIGNATION Congress. (Added Pub. L. 117-339, §2(a), Jan. 5, 2023, 136 Stat. 6159. ) §120104. Evaluation (a). —At reasonable and appropriate intervals, as determined by the Secretary, the IN GENERAL Secretary may— (1) conduct an evaluation of the accomplishments of a National Heritage Area in accordance with subsection (b); and (2) prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the continued role of the Service with respect to each National Heritage Area in accordance with subsection (c). (b). —An evaluation under subsection (a)(1) shall— COMPONENTS (1) assess the progress of the applicable local coordinating entity of a National Heritage Area[Release Point 118-106]	usc54118-106.pdf
Consultations of Secretary with administrative officers; execution of administrative responsibilities in conformity with nationwide plan. 200104. Authority of Secretary to carry out certain functions and activities. 200103. Definitions. 200102. Findings and declaration of policy. 200101. Sec. with respect to— (A) accomplishing the purposes of the applicable National Heritage Area; and (B) achieving the goals and objectives of the management plan; (2) analyze Federal, State, local, Tribal government, and private investments in the National Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (c). —Each report under subsection (a)(2) shall include— RECOMMENDATIONS (1) if the report contains a recommendation of the Secretary that Federal funding for the applicable National Heritage Area should be continued, an analysis of— (A) any means by which that Federal funding may be reduced or eliminated over time; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination of Federal funding; or (2) if the report contains a recommendation of the Secretary that Federal funding for the applicable National Heritage Area should be eliminated, a description of potential impacts on conservation, interpretation, and sustainability in the applicable National Heritage Area. (Added Pub. L. 117-339, §2(a), Jan. 5, 2023, 136 Stat. 6161. ) Subtitle II—Outdoor Recreation Programs CHAPTER 2001—COORDINATION OF PROGRAMS §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3169. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200101 16 U. S. C. 460. l Pub. L. 88-29, §1, May 28, 1963, 77 Stat. 49. [Release Point 118-106]	usc54118-106.pdf
EXECUTIVE DOCUMENTS A 21ST CENTURY STRATEGY FOR AMERICA'S GREAT OUTDOORS Memorandum of President of the United States, Apr. 16, 2010, 75 F. R. 20767, provided: Memorandum for the Secretary of the Interior[,] the Secretary of Agriculture[,] the Administrator of the Environmental Protection Agency[, and] the Chair of the Council on Environmental Quality Americans are blessed with a vast and varied natural heritage. From mountains to deserts and from sea to shining sea, America's great outdoors have shaped the rugged independence and sense of community that define the American spirit. Our working landscapes, cultural sites, parks, coasts, wild lands, rivers, and streams are gifts that we have inherited from previous generations. They are the places that offer us refuge from daily demands, renew our spirits, and enhance our fondest memories, whether they are fishing with a grandchild in a favorite spot, hiking a trail with a friend, or enjoying a family picnic in a neighborhood park. They also are our farms, ranches, and forests—the working lands that have fed and sustained us for generations. Americans take pride in these places, and share a responsibility to preserve them for our children and grandchildren. Today, however, we are losing touch with too many of the places and proud traditions that have helped to make America special. Farms, ranches, forests, and other valuable natural resources are disappearing at an alarming rate. Families are spending less time together enjoying their natural surroundings. Despite our conservation efforts, too many of our fields are becoming fragmented, too many of our rivers and streams are becoming polluted, and we are losing our connection to the parks, wild places, and open spaces we grew up with and cherish. Children, especially, are spending less time outside running and playing, fishing and hunting, and connecting to the outdoors just down the street or outside of town. Across America, communities are uniting to protect the places they love, and developing new approaches to saving and enjoying the outdoors. They are bringing together farmers and ranchers, land trusts, recreation and conservation groups, sportsmen, community park groups, governments and industry, and people from all over the country to develop new partnerships and innovative programs to protect and restore our outdoors legacy. However, these efforts are often scattered and sometimes insufficient. The Federal Government, the Nation's largest land manager, has a responsibility to engage with these partners to help develop a conservation agenda worthy of the 21st Century. We must look to the private sector and nonprofit organizations, as well as towns, cities, and States, and the people who live and work in them, to identify the places that mean the most to Americans, and leverage the support of the Federal Government to help these community-driven efforts to succeed. Through these partnerships, we will work to connect these outdoor spaces to each other, and to reconnect Americans to them. For these reasons, it is hereby ordered as follows: SECTION 1. Establishment. (a) There is established the America's Great Outdoors Initiative (Initiative), to be led by the Secretaries of the Interior and Agriculture, the Administrator of the Environmental Protection Agency, and the Chair of the Council on Environmental Quality (CEQ) and implemented in coordination with the agencies listed in section 2(b) of this memorandum. The Initiative may include the heads of other executive branch departments, agencies, and offices (agencies) as the President may, from time to time, designate. (b) The goals of the Initiative shall be to: (i) Reconnect Americans, especially children, to America's rivers and waterways, landscapes of national significance, ranches, farms and forests, great parks, and coasts and beaches by exploring a variety of efforts, including: (A) promoting community-based recreation and conservation, including local parks, greenways, beaches, and waterways; (B) advancing job and volunteer opportunities related to conservation and outdoor recreation; and (C) supporting existing programs and projects that educate and engage Americans in our history, culture, and natural bounty. (ii) Build upon State, local, private, and tribal priorities for the conservation of land, water, wildlife, historic, and cultural resources, creating corridors and connectivity across these outdoor spaces, and for enhancing neighborhood parks; and determine how the Federal Government can best advance those priorities through public private partnerships and locally supported conservation strategies. (iii) Use science-based management practices to restore and protect our lands and waters for future generations. SEC. 2.. The functions of the Initiative shall include: Functions (a). The Initiative shall conduct listening and learning sessions around the country where land and Outreach waters are being conserved and community parks are being established in innovative ways. These sessions[Release Point 118-106]	usc54118-106.pdf
should engage the full range of interested groups, including tribal leaders, farmers and ranchers, sportsmen, community park groups, foresters, youth groups, businesspeople, educators, State and local governments, and recreation and conservation groups. Special attention should be given to bringing young Americans into the conversation. These listening sessions will inform the reports required in subsection (c) of this section. (b). The following agencies shall work with the Initiative to identify existing Interagency Coordination resources and align policies and programs to achieve its goals: (i) the Department of Defense; (ii) the Department of Commerce; (iii) the Department of Housing and Urban Development; (iv) the Department of Health and Human Services; (v) the Department of Labor; (vi) the Department of Transportation; (vii) the Department of Education; and (viii) the Office of Management and Budget (OMB). (c). The Initiative shall submit, through the Chair of the CEQ, the following reports to the Reports President: (i) Report on America's Great Outdoors. By November 15, 2010, the Initiative shall submit a report that includes the following: (A) a review of successful and promising nonfederal conservation approaches; (B) an analysis of existing Federal resources and programs that could be used to complement those approaches; (C) proposed strategies and activities to achieve the goals of the Initiative; and (D) an action plan to meet the goals of the Initiative. The report should reflect the constraints in resources available in, and be consistent with, the Federal budget. It should recommend efficient and effective use of existing resources, as well as opportunities to leverage nonfederal public and private resources and nontraditional conservation programs. (ii) Annual reports. By September 30, 2011, and September 30, 2012, the Initiative shall submit reports on its progress in implementing the action plan developed pursuant to subsection (c)(i)(D) of this section. SEC. 3. General Provisions. (a) This memorandum shall be implemented consistent with applicable law and subject to the availability of any necessary appropriations. (b) This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (c) The heads of executive departments and agencies shall assist and provide information to the Initiative, consistent with applicable law, as may be necessary to carry out the functions of the Initiative. Each executive department and agency shall bear its own expenses of participating in the Initiative. (d) Nothing in this memorandum shall be construed to impair or otherwise affect the functions of the Director of the OMB relating to budgetary, administrative, or legislative proposals. (e) The Chair of the CEQ is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. §200102. Definitions As used in this chapter: (1). —The term "State", to the extent practicable, as determined by the Secretary,STATE includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. (2). —The term "United States"— UNITED STATES (A) includes the District of Columbia; and (B) to the extent practicable, as determined by the Secretary, includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3169. ) HISTORICAL AND REVISION NOTES[Release Point 118-106]	usc54118-106.pdf
Revised Section Source (U. S. Code) Source (Statutes at Large) 200102 16 U. S. C. 460-3. l Pub. L. 88-29, §4, May 28, 1963, 77 Stat. 50; Pub. L. 96-205, title VI, §608(c), Mar. 12, 1980, 94 Stat. 92. The words "the Trust Territory of the Pacific Islands" are omitted as obsolete. See note at 48 U. S. C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U. S. C. 1801 note), the Compact of Free Association between the Government of the United States of America and the Governments of the Marshall Islands and the Federated States of Micronesia (48 U. S. C. 1901 note), and the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U. S. C. 1931 note). The words "as determined by the Secretary" are added to make it clear that it is the Secretary who determines if it is practicable to include the stated entities. §200103. Authority of Secretary to carry out certain functions and activities (a). —To carry out this chapter, the Secretary may perform the functions and IN GENERAL activities described in this section. (b). —The Secretary may prepare and maintain a continuing INVENTORY AND EVALUATION inventory and evaluation of outdoor recreation needs and resources of the United States. (c). —The Secretary may prepare a system for classification of CLASSIFICATION SYSTEM outdoor recreation resources to assist in the effective and beneficial use and management of such resources. (d). —The Secretary may formulate and maintain a comprehensive RECREATION PLAN 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). —The Secretary may provide technical TECHNICAL ASSISTANCE AND ADVICE assistance and advice to and cooperate with States, political subdivisions, and private interests, including nonprofit organizations, with respect to outdoor recreation. (f). —The Secretary may encourage interstate INTERSTATE AND REGIONAL COOPERATION and regional cooperation in the planning, acquisition, and development of outdoor recreation resources. (g). —The RESEARCH, INFORMATION, AND EDUCATION PROGRAMS AND ACTIVITIES 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). —The Secretary may— IN GENERAL[Release Point 118-106]	usc54118-106.pdf
Definitions. 200301. Sec. (A) cooperate with and provide technical assistance to Federal agencies and obtain from them information, data, reports, advice, and assistance that are needed and can reasonably be furnished in carrying out the purposes of this chapter; and (B) promote coordination of Federal plans and activities generally relating to outdoor recreation. (2). —An agency furnishing advice or assistance under this paragraph may expend FUNDING its own funds for those purposes, with or without reimbursement, as may be agreed to by that agency. (i). —The Secretary may accept and use donations of money, property, personal DONATIONS services, or facilities for the purposes of this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3170. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200103 16 U. S. C. 460-1. l Pub. L. 88-29, §2, May 28, 1963, 77 Stat. 49; Pub. L. 91-375, §6(h), Aug. 12, 1970, 84 Stat. 776. In subsection (d), the words "which shall be prepared as soon as practicable within 5 years on and after May 28, 1963" and "Future" are omitted as obsolete. In subsection (h), the word "department" is omitted as being included in "agency". §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3171. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200104 16 U. S. C. 460-2. l Pub. L. 88-29, §3, May 28, 1963, 77 Stat. 50. The word "department" is omitted as being included in "agency". The word "independent" is omitted as unnecessary. CHAPTER 2003—LAND AND WATER CONSERVATION FUND [Release Point 118-106]	usc54118-106.pdf
Transfers to and from Fund. 200310. Contracts for options to acquire land and water in System. 200309. Contracts for acquisition of land and water. 200308. Availability of Fund amounts for publicity purposes. 200307. Allocation of Fund amounts for Federal purposes. 200306. Financial assistance to States. 200305. Statement of estimated requirements. 200304. Availability of funds. 200303. Establishment of Land and Water Conservation Fund. 200302. EDITORIAL NOTES AMENDMENTS 2020—Pub. L. 116-152, §3(c), Aug. 4, 2020, 134 Stat. 687, substituted "Availability of funds" for "Appropriations for expenditure of Fund amounts" in item 200303. §200301. Definitions In this chapter: (1). —The term "Fund" means the Land and Water Conservation Fund established under FUND section 200302 of this title. (2). —The term "State" means a State, the District of Columbia, Puerto Rico, Guam,STATE American Samoa, the Virgin Islands, and the Northern Mariana Islands. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3171. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200301(1) no source. 200301(2) 16 U. S. C. 460-8(b)(5) (lastl sentence). Pub. L. 88-578, title I, §6(b)(5) (last sentence), formerly §5, Sept. 3, 1964, 78 Stat. 900; renumbered §6, Pub. L. 92-347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 94-422, title I, §101(3), Sept. 28, 1976, 90 Stat. 1315. §200302. Establishment of Land and Water Conservation Fund (a). —There is established in the Treasury the Land and Water Conservation ESTABLISHMENT Fund. (b). —There shall be deposited in the Fund the following revenues and collections: DEPOSITS (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. [Release Point 118-106]	usc54118-106.pdf
(c) AUTHORIZATION OF APPROPRIATIONS. — (1). —In addition to the sum of the revenues and collections estimated by the IN GENERAL 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. (2). —To the extent that RECEIPTS UNDER OUTER CONTINENTAL SHELF LANDS ACT 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. ). (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3171; Pub. L. 114-113, div. O, title VIII, §801(a), Dec. 18, 2015, 129 Stat. 3030; Pub. L. 116-9, title III, §3001(a), Mar. 12, 2019, 133 Stat. 754; Pub. L. 116-152, §3(b)(1), Aug. 4, 2020, 134 Stat. 687. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200302 16 U. S. C. 460-5. l Pub. L. 88-578, title I, §2, Sept. 3, 1964, 78 Stat. 897; Pub. L. 89-72, §11, July 9, 1965, 79 Stat. 218; Pub. L. 90-401, §§1(a), 2, July 15, 1968, 82 Stat. 354, 355; Pub. L. 91-308, §2, July 7, 1970, 84 Stat. 410; Pub. L. 91-485, §1, Oct. 22, 1970, 84 Stat. 1084; Pub. L. 94-273, §2(7), Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-422, title I, §101(1), Sept. 28, 1976, 90 Stat. 1313; Pub. L. 95-42, §1(1), June 10, 1977, 91 Stat. 210; Pub. L. 100-203, title V, §5201(f)(1), Dec. 22, 1987, 101 Stat. 1330-267. In subsection (b), the words "section 572(a) or 574(a) to (c) of title 40" are substituted for "section 485(b)(e)[sic], title 40, United States Code", and the words "chapter 5 of title 40" are substituted for "the Federal Property and Administrative Services Act of 1949, as amended" because of section 5(c) of the Act of August 21, 2002 (Public Law 107-217, 116 Stat. 1303), the 1st section of which enacted Title 40, United States Code, and in the case of "chapter 5 of title 40", to provide a more precise cross reference. The words "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" are substituted for "the Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in any later appropriation Act" to update the reference. In subsection (c)(1), reference to fiscal years 1977 and 1978 and the word "thereafter" are omitted as obsolete. EDITORIAL NOTES REFERENCES IN TEXT The Outer Continental Shelf Lands Act, referred to in subsec. (c)(2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§1331 et seq. ) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and[Release Point 118-106]	usc54118-106.pdf
Tables. AMENDMENTS 2020—Subsec. (c)(3). Pub. L. 116-152 struck out par. (3). Text read as follows: "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. " 2019—Subsec. (b). Pub. L. 116-9, §3001(a)(1), substituted "There" for "During the period ending September 30, 2018, there" in introductory provisions. Subsec. (c)(1). Pub. L. 116-9, §3001(a)(2), struck out "through September 30, 2018" after "each fiscal year". 2015—Subsec. (b). Pub. L. 114-113, §801(a)(1), substituted "September 30, 2018" for "September 30, 2015" in introductory provisions. Subsec. (c)(1). Pub. L. 114-113, §801(a)(2), substituted "September 30, 2018" for "September 30, 2015". STATUTORY NOTES AND RELATED SUBSIDIARIES ESTABLISHMENT AND COLLECTION OF USE OR ROYALTY FEES FOR MANUFACTURE, REPRODUCTION, OR USE OF "GOLDEN EAGLE INSIGNIA" Pub. L. 92-347, §3(a), July 11, 1972, 86 Stat. 461, provided that: "The Secretary of the Interior may establish and collect use or royalty fees for the manufacture, reproduction, or use of 'The Golden Eagle Insignia', originated by the Department of the Interior and announced in the December 3, 1970, issue of the Federal Register (35 Federal Register 18376) as the official symbol for Federal recreation areas designated for recreation fee collection. Any fees collected pursuant to this subsection shall be covered into the Land and Water Conservation Fund. " TERMINATION OF RIGHTS IN "GOLDEN EAGLE INSIGNIA" Pub. L. 92-347, §3(d), July 11, 1972, 86 Stat. 462, provided that: "The rights in 'The Golden Eagle Insignia' under this Act [see Tables for classification], shall terminate if the use by the Secretary of the Interior of 'The Golden Eagle Insignia' is abandoned. Nonuse for a continuous period of two years shall constitute abandonment. " EXECUTIVE DOCUMENTS EX. ORD. NO. 11200. ESTABLISHMENT OF RECREATION USER FEES Ex. Ord. No. 11200, Feb. 26, 1965, 30 F. R. 2645, provided: WHEREAS it is desirable that all American people of present and future generations be assured adequate outdoor recreation resources, and it is desirable 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 such resources for the benefit and enjoyment of the American people; and WHEREAS these resources are to a considerable extent located on lands administered by the Federal Government through the National Park Service, the Bureau of Land Management, the Bureau of Sport Fisheries and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps of Engineers, the Tennessee Valley Authority and the United States Section of the International Boundary and Water Commission (United States and Mexico); and WHEREAS the Act of May 28, 1963, 77 Stat. 49 [see 54 U. S. C. 200101 et seq. ], vested the Secretary of the Interior with legal authority to promote coordination of Federal plans and activities generally relating to outdoor recreation; and WHEREAS it is fair and equitable that the users of certain recreation areas and facilities managed by such agencies pay a reasonable fee for the recreation benefits received; and WHEREAS it is desirable to establish uniformity of practices among such Federal agencies regarding recreation user fees and related matters; and WHEREAS the Congress, recognizing the need for urgent and effective action in this regard, enacted the Land and Water Conservation Fund Act of 1965, Public Law 88-578; 78 Stat. 897 [see 54 U. S. C. 200301 et seq. ] (hereafter in this order referred to as "the Act"); NOW, THEREFORE, by virtue of the authority vested in me by the Act, by Section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:[Release Point 118-106]	usc54118-106.pdf
SECTION 1.. (a) All areas administered by the National Park Service, Designation of areas for 1965 Bureau of Land Management, Bureau of Sport Fisheries and Wildlife, Bureau of Reclamation, Forest Service, Corps of Engineers, Tennessee Valley Authority, and the United States Section of the International Boundary and Water Commission (United States and Mexico), at which entrance, admission, or other recreation user fees (hereafter in this order referred to as "recreation user fees") were collected directly by those Federal agencies during any part of 1964 are hereby designated, pursuant to Section 2(a) of the Act [former 16 U. S. C. 460l-5(a)], as areas at which recreation user fees shall be charged during 1965. (b) The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Board of Directors of the Tennessee Valley Authority, and the Commissioner, United States Section of the International Boundary and Water Commission (United States and Mexico), or their designees, shall, by April 1, 1965, designate any additional areas under their respective jurisdictions at which recreation user fees are to be charged during 1965. (c) Recreation user fees for such areas shall be prescribed as provided in Section 5 of this Order. SEC. 2.. (a) Subject to the provisions of subsection (b) of this Designation of areas for years after 1965 section, the areas designated by Section 1(a), or pursuant to Section 1(b), of this Order are hereby designated as areas for which recreation user fees shall be charged for years after 1965. (b) The officials described in Section 1(b) of this Order shall, before January 1, 1966, and at least annually thereafter, review all areas then under their respective jurisdictions, including those described in subsection (a) of this section, to determine (1) whether any additional areas should, in accordance with the designation criteria prescribed by Section 3 of this Order (or under those designation criteria as revised by the Secretary of the Interior pursuant to Section 6(c) of this Order), be designated as areas for which recreation user fees shall be charged, or (2) whether the recreation user fee for any area theretofore designated should be increased, reduced, or eliminated under the designation criteria then in effect. (c)(1) Whenever, in accordance with subsection (b) of this section, it is determined that the recreation user fee for an area should be reduced or eliminated, such action shall be taken forthwith. (2) Whenever, in accordance with subsection (b) of this section, it is determined that a recreation user fee should be charged with respect to an area with respect to which no such fee has theretofore been charged, such new fee shall be charged only after the posting requirements of Section 4 of this Order have been satisfied. SEC. 3.. Areas shall, in accordance with Section 1(b) and Section 2(b) of Criteria for designation of areas this Order and to the extent permitted by the Act, be designated as areas at which recreation user fees shall be charged if the following conditions are found to exist concurrently: (1) The area is administered by any of the eight agencies specified in Section 1(a) of this Order; (2) The area is administered primarily for scenic, scientific, historical, cultural, or recreational purposes; (3) The area has recreation facilities or services provided at Federal expense; and (4) The nature of the area is such that fee collection is administratively and economically practical. (b) Areas designated as those at which recreation user fees shall be charged shall hereafter in this Order be referred to as "designated areas. " SEC. 4.. The heads of administering agencies and departments shall provide for Posting of designated areas the posting of signs at all designated areas such as will clearly notify the visiting public that recreation user fees are charged therein. All areas designated pursuant to Sections 1 and 2 of this Order shall be so posted prior to the beginning of the recreation season or as soon as practicable following designation. No recreation user fee established pursuant to this Order shall be effective with respect to any designated area until that designated area has been posted. SEC. 5.. (a) Each official described in Section 1(b) of this Order shall, subject to the Establishment of fees criteria prescribed by the Secretary of the Interior, establish a recreation user fee for each designated area administered under his jurisdiction by selecting from a schedule of fees, prescribed by the Secretary of the Interior pursuant to Section 6 of this Order, the fee which is appropriate for each such designated area under criteria prescribed by the Secretary pursuant to that section. Each such official shall also specify which designated areas shall be excluded from the coverage of the annual fee described in Section 2(a)(1) of the Act [former 16 U. S. C. 460l-5(a)(i)] and which, as a result of that exclusion will be subject to the fee described in Section 2(a)(iii) of the Act [former 16 U. S. C. 460l-5(a)(iii)]. The range of recreation user fees to be charged and the criteria for their selection shall be established under the procedures prescribed by Section 6 of this Order. (b) The Secretary of the Interior shall prescribe the procedures for the production, distribution, and sale of the Land and Water Conservation Fund Sticker, which shall be issued to those individuals who elect to pay the annual fees. The Secretary of the Interior shall also prescribe the manner in which the Sticker shall be displayed. The conditions under which it may be used shall be determinated under the procedures prescribed by Section 6 of this Order. [Release Point 118-106]	usc54118-106.pdf
SEC. 6.. (a) The Secretary of the Interior shall after consultation with the heads of other Coordination affected departments and agencies, adopt such coordination measures as are necessary to carry out the purposes of Sections 2(a) and 4(a) of the Act [former 16 U. S. C. 460l-5(a), 460l-7(a)] and the provisions of this order. (b)(1) In order that the purposes of the Act and of this Order may be effectuated without delay, the Secretary of the Interior shall, subject to the limitations imposed by the Act and without regard to the other provisions of this section, forthwith issue a schedule of recreation user fees and criteria to be used in determining which such fees shall be charged with respect to each of the designated areas. (2) Subject to the limitations imposed by the Act and subject to the provisions of subsections (a), (c), and (d) of this section, the Secretary of the Interior may, from time to time, amend or replace the schedule of fees and the criteria prescribed by him pursuant to subsection (b)(1) of this section. (c) Subject to the limits set forth in the Act, the measures which the Secretary of the Interior may adopt pursuant to subsection (a) of this section may include, but are not limited to, the following— (1) Initial preparation and coordination of the comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the Land and Water Conservation Fund, as required by Section 4(a) of the act [former 16 U. S. C. 460l-7(a)]. (2) Development of such additional procedures and interpretive materials as are necessary to facilitate the implementation of this Order and related provisions of the Act. (3) Review and revision, if needed, of the criteria for designation set forth in Section 3 of this Order. (d) Except with respect to the schedule of fees and the criteria prescribed by the Secretary pursuant to subsection (b)(1) of this section, measures and regulations adopted by the Secretary pursuant to this Order shall not become effective until 30 days after they are presented for the consideration of the other officials described in Section 1(b). Any such official who does not concur in any such measure or regulation may, within that 30-day period, refer the matter to the Recreation Advisory Council established under Executive Order No. 11017 [superseded by Ex. Ord. No. 11278, which in turn was revoked by Ex. Ord. No. 11472, which is set out as a note under section 4321 of Title 42, The Public Health and Welfare] for resolution. If a proposed measure is referred to the Council for resolution, it shall not become effective until approved by the Council. With the approval of all other officials described in Section 1(b) of this Order, the provisions of this subsection may be waived with respect to any specific measure or regulation adopted by the Secretary of the Interior pursuant to this order so that any such measure or regulation may be made effective before the expiration of the 30-day waiting period prescribed by the first sentence of this subsection. SEC. 7.. The officials described in Section 1(b) of this Order shall, within a reasonable Review of contracts time, review all existing contracts and other arrangements between their respective agencies and any non-Federal public entity which relate to non-Federal management of Federally-owned outdoor recreation areas. Special attention shall be given to any provision in any such contract or other arrangement which prohibits or discourages in any way such non-Federal public entity from charging recreation user fees. Unless otherwise prohibited by law, each such restrictive provision shall be the subject of renegotiation designed to accomplish a modification thereof that will permit the charging of recreation user fees. SEC. 8.. The Secretary of the Interior is authorized to issue such regulations as may be Regulations necessary to carry out his functions under this Order. LYNDON B. JOHNSON. §200303. Availability of funds (a). —Any amounts deposited in the Fund under section 200302 for fiscal year IN GENERAL 2020 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2021 and each fiscal year thereafter, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund (including accounts and programs made available from the Fund pursuant to the Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2534)). (b). —Amounts made available under subsection (a) shall be in ADDITIONAL AMOUNTS addition to amounts made available to the Fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U. S. C. 1331 note; Public Law 109-432) or otherwise appropriated from the Fund. (c) ALLOCATION AUTHORITY. — (1). —The President shall submit to Congress detailed SUBMISSION OF COST ESTIMATES account, program, and project allocations of the full amount made available under subsection[Release Point 118-106]	usc54118-106.pdf
(a)— (A) for fiscal year 2021, not later than 90 days after the date of enactment of the Great American Outdoors Act; and (B) for each fiscal year thereafter, as part of the annual budget submission of the President. (2) ALTERNATE ALLOCATION. — (A). —Appropriations Acts may provide for alternate allocation of amounts IN GENERAL made available under subsection (a), including allocations by account, program, and project. (B) ALLOCATION BY PRESIDENT. — (i). —If Congress has not enacted legislation NO ALTERNATE ALLOCATIONS establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (a) shall be allocated by the President. (ii). —If Congress enacts legislation INSUFFICIENT ALTERNATE ALLOCATION establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. (3). —Amounts expended from the Fund under this RECREATIONAL PUBLIC ACCESS section shall be consistent with the requirements for recreational public access for hunting, fishing, recreational shooting, or other outdoor recreational purposes under section 200306(c). (4). —The President shall submit to Congress an annual report that ANNUAL REPORT describes the final allocation by account, program, and project of amounts made available under subsection (a), including a description of the status of obligations and expenditures. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116-152, §3(a), Aug. 4, 2020, 134 Stat. 686. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200303 16 U. S. C. 460-6. l Pub. L. 88-578, title I, §3, Sept. 3, 1964, 78 Stat. 899; Pub. L. 100-203, title V, §5201(f)(2), Dec. 22, 1987, 101 Stat. 1330-267. The words "or from the special account established under section 460l-6a(i)(1) of this title" are omitted as obsolete. EDITORIAL NOTES REFERENCES IN TEXT The Further Consolidated Appropriations Act, 2020, referred to in subsec. (a), is Pub. L. 116-94, Dec. 20, 2019, 133 Stat. 2534. For complete classification of this Act to the Code, see Tables. Section 105 of the Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b), is section 105 of title I of div. C of Pub. L. 109-432, which is set out in a note under section 1331 of Title 43, Public Lands. The date of enactment of the Great American Outdoors Act, referred to in subsec. (c)(1)(A), is the date of enactment of Pub. L. 116-152, which was approved Aug. 4, 2020. AMENDMENTS 2020—Pub. L. 116-152 amended section generally. Prior to amendment, text read as follows: "Amounts deposited in the Fund shall be available for expenditure for the purposes of this chapter only when[Release Point 118-106]	usc54118-106.pdf
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. " STATUTORY NOTES AND RELATED SUBSIDIARIES ALLOCATION OF FUNDS Pub. L. 118-42, div. E, title IV, §430(a)-(c), Mar. 9, 2024, 138 Stat. 291, 292, provided that: "(a)(1) Within 45 days of enactment of this Act [Mar. 9, 2024], the Secretary of the Interior shall allocate amounts made available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2024 pursuant to subsection (c) of section 200402 of title 54, United States Code, and as provided in subsection (e) of such section of such title, to the agencies of the Department of the Interior and the Department of Agriculture specified, in the amounts specified, for the stations and unit names specified, and for the projects and activities specified in the table titled 'Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [138 Stat. 26]. "(2) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2024 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled 'Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2024' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). "(b) Except as otherwise provided by subsection (c) of this section, neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or subsection (a) of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allocated by subsections (a)(1) and (a)(2) of this section: , That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts Provided for continuing administration of programs allocated funds from the National Parks and Public Land Legacy Restoration Fund or the Land and Water Conservation Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsections (a)(1) and (a)(2) of this section. "(c) The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency's 'Contingency Fund' line in the table titled 'Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024' to any project funded by the National Parks and Public Land Legacy Restoration Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements: "(1) 'Contingency Fund' amounts may only be reallocated if there is a risk to project completion resulting from unforeseen cost overruns; "(2) 'Contingency Fund' amounts may only be reallocated for cost of adjustments and changes within the original scope of effort for projects funded by the National Parks and Public Land Legacy Restoration Fund; and "(3) The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees on Appropriations 30 days before taking any actions authorized by this subsection if the amount reallocated from the 'Contingency Fund' line for a project is projected to be 10 percent or greater than the following, as applicable: "(A) The amount allocated to that project in the table titled 'Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [138 Stat. 26]; or "(B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to section 431(e) of division G of the Consolidated Appropriations Act, 2023 (Public Law 117-328) [136 Stat. 4830]. " Similar provisions were contained in the following appropriation acts: Pub. L. 117-328, div. G, title IV, §431(a)-(c), Dec. 29, 2022, 136 Stat. 4827, 4828. Pub. L. 117-103, div. G, title IV, §431(a)-(c), Mar. 15, 2022, 136 Stat. 416, 417. Pub. L. 116-260, div. G, title IV, §434(a)-(c), Dec. 27, 2020, 134 Stat. 1543, 1544. EXECUTIVE DOCUMENTS[Release Point 118-106]	usc54118-106.pdf
DELEGATION OF AUTHORITY FOR FISCAL YEAR 2021 COST ESTIMATES AND ANNUAL REPORTS TO THE CONGRESS FOR THE LAND AND WATER CONSERVATION FUND Memorandum of President of the United States, Nov. 9, 2020, 85 F. R. 72889, provided: Memorandum for the Secretary of the Interior [and] the Secretary of Agriculture By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. The Secretary of the Interior and the Secretary of Agriculture are hereby authorized to submit, for their respective agencies: (a) the cost estimates to the Congress required by 54 U. S. C. 200303(c)(1)(A), as amended by section 3(a) of the Great American Outdoors Act (Public Law 116-152) (the "Act"); and (b) annually, the report to the Congress required by 54 U. S. C. 200303(c)(4), as amended by section 3(a) of the Act. SEC. 2. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of the Interior is authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP. §200304. Statement of estimated requirements (a). —There shall be submitted with the annual budget of the United States a IN GENERAL comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the Fund. (b). —Of the total amount made available to the Fund through ALLOCATION OF FUNDS appropriations or deposited in the Fund under section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 (43 U. S. C. 1331 note; Public Law 109-432)— (1) not less than 40 percent shall be used for Federal purposes; and (2) not less than 40 percent shall be used to provide financial assistance to States. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116-9, title III, §3001(b), Mar. 12, 2019, 133 Stat. 755. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200304 16 U. S. C. 460-7. l Pub. L. 88-578, title I, §5, formerly §4, Sept. 3, 1964, 78 Stat. 900; Pub. L. 90-401, §3, July 15, 1968, 82 Stat. 355; renumbered §5, Pub. L. 92-347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 94-273, §3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94-422, title I, §101(2), Sept. 28, 1976, 90 Stat. 1314; Pub. L. 95-42, §1(2), June 10, 1977, 91 Stat. 210. The references to fiscal years 1978 and 1979 and the special account are omitted as obsolete. [Release Point 118-106]	usc54118-106.pdf
EDITORIAL NOTES REFERENCES IN TEXT Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b), is section 105(a)(2)(B) of title I of div. C of Pub. L. 109-432, which is set out in a note under section 1331 of Title 43, Public Lands. AMENDMENTS 2019—Pub. L. 116-9 designated existing provisions as subsec. (a) and inserted heading, struck out "Not less than 40 percent of such appropriations shall be available for Federal purposes. " after "Fund. ", and added subsec. (b). §200305. Financial assistance to States (a). —The Secretary may provide AUTHORITY OF SECRETARY TO MAKE PAYMENTS financial assistance to the States from amounts available for State purposes. Payments may be made to the States by the Secretary as provided in this section, subject to such terms and conditions as the Secretary considers appropriate and in the public interest to carry out the purposes of this chapter, for outdoor recreation: (1) Planning. (2) Acquisition of land, water, or interests in land or water. (3) Development. (b). —Amounts appropriated and available for State APPORTIONMENT AMONG STATES 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. (c). —Payments to any State shall cover not more than 50 MATCHING REQUIREMENTS 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). —A REQUIRED FOR CONSIDERATION OF FINANCIAL ASSISTANCE comprehensive statewide outdoor recreation plan shall be required prior to the consideration by[Release Point 118-106]	usc54118-106.pdf
the Secretary of financial assistance for acquisition or development projects. The plan shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this chapter. No plan shall be approved unless the chief executive official of the State certifies that ample opportunity for public participation in plan development and revision has been accorded. The Secretary shall develop, in consultation with others, criteria for public participation, which criteria shall constitute the basis for the certification by the chief executive official. The plan shall contain— (A) the name of the State agency that will have authority to represent and act for the State in dealing with the Secretary for purposes of this chapter; (B) an evaluation of the demand for and supply of outdoor recreation resources and facilities in the State; (C) a program for the implementation of the plan; and (D) other necessary information, as determined by the Secretary. (2). —The plan shall take into account relevant Federal FACTORS TO BE CONSIDERED 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. —The Secretary may provide financial assistance to any State for projects for MAINTAIN PLAN the preparation of a comprehensive statewide outdoor recreation plan when the plan is not otherwise available or for the maintenance of the plan. (4). —A comprehensive statewide outdoor recreation plan shall specifically WETLANDS 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 addition to assistance for planning projects, the Secretary may provide IN GENERAL 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). —Under paragraph (1), the Secretary may provide financial assistance for IN GENERAL a project for the acquisition of land, water, or an interest in land or water, or a wetland area or an interest in a wetland area, as identified in the wetlands provisions of the comprehensive plan (other than land, water, or an interest in land or water acquired from the United States for less than fair market value), but not including incidental costs relating to acquisition. (B). —When a State provides that RETENTION OF RIGHT OF USE AND OCCUPANCY 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[Release Point 118-106]	usc54118-106.pdf
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). —Under DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES 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). —The Secretary may make a payment to a State CRITERIA FOR MAKING PAYMENTS 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). —Payments for all projects shall be made by the Secretary to the PAYMENT RECIPIENTS chief executive official of the State or to a State official or agency designated by the chief executive official or by State law having authority and responsibility to accept and to administer funds paid under this section for approved projects. If consistent with an approved project, funds may be transferred by the State to a political subdivision or other appropriate public agency. (3). —No CONVERSION TO OTHER THAN PUBLIC OUTDOOR RECREATION USE 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). —No payment shall be made to any REPORTS AND ACCOUNTING PROCEDURES 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). —A recipient of assistance under this chapter shall keep such records as the RECORDS[Release Point 118-106]	usc54118-106.pdf
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). —The Secretary, and the Comptroller General, or any of their duly ACCESS TO RECORDS 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). —With respect to property acquired or developed PROHIBITION OF DISCRIMINATION 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). —To ensure consistency in policies and COORDINATION WITH FEDERAL AGENCIES actions under this chapter with other related Federal programs and activities and to ensure coordination of the planning, acquisition, and development assistance to States under this section with other related Federal programs and activities— (1) the President may issue such regulations with respect thereto as the President considers desirable; and (2) the assistance may be provided only in accordance with the regulations. (k) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME. — (1). —In addition to assistance for planning AVAILABILITY AND PURPOSE OF FUNDS 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). —In addition to the requirements for project approval imposed by this ELIGIBILITY 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). —Notwithstanding subsection (c), the Secretary may provide 70 FEDERAL SHARE percent improvement grants for projects undertaken by a State for the purposes described in this subsection. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116-9, title III, §3001(c), Mar. 12, 2019, 133 Stat. 755. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200305 16 U. S. C. 460-8(less (b)(5)l (last sentence)). Pub. L. 88-578, title I, §6, formerly §5(less (b)(5) (last sentence)), Sept. [Release Point 118-106]	usc54118-106.pdf
3, 1964, 78 Stat. 900; renumbered §6, Pub. L. 92-347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 93-303, §2, June 7, 1974, 88 Stat. 194; Pub. L. 94-422, title I, §101(3), Sept. 28, 1976, 90 Stat. 1314. 1315; Pub. L. 95-625, title VI, §606, Nov. 10, 1978, 92 Stat. 3519; Pub. L. 99-645, title III, §303, Nov. 10, 1986, 100 Stat. 3587; Pub. L. 103-322, title IV, §40133, Sept. 13, 1994, 108 Stat. 1918; Pub. L. 103-437, §6(p)(2), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104-333, div. I, title VIII, §814(d)(1)(H), Nov. 12, 1996, 110 Stat. 4196. In subsection (b)(5), the words "(when such islands achieve Commonwealth status)" are omitted as obsolete. In subsection (c), the words "No payment may be made to any State for or on account of any cost or obligation incurred or any service rendered prior to September 3, 1964" are omitted as obsolete. In subsection (d)(2), the words "Secretary of Housing and Urban Development" are substituted for "Housing and Home Finance Agency" because of 42 U. S. C. 3534. In subsection (d)(4), the words "For fiscal year 1988 and thereafter" are omitted as obsolete. In subsection (e)(3), the words "and after September 28, 1976" are omitted as obsolete. In subsection (f)(2), the words "chief executive official" are substituted for "Governor" for clarity and for consistency in the new title. In subsection (j), the words "(including those conducted pursuant to title VII of the Housing Act of 1961 and section 701 of the Housing Act of 1954)" are omitted as obsolete. The authority to make grants or loans under title VII terminated on December 31, 1974. Section 701 was repealed by section 313(b) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35, 95 Stat. 398). In subsection (k)(3), the words "and the remaining share of the cost shall be borne by the State" are omitted as unnecessary. EDITORIAL NOTES AMENDMENTS 2019—Subsec. (b)(5). Pub. L. 116-9 struck out par. (5) which read as follows: "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. " §200306. Allocation of Fund amounts for Federal purposes (a) ALLOWABLE PURPOSES AND SUBPURPOSES. — (1). —Amounts appropriated from the Fund for Federal purposes shall, unless IN GENERAL 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. —Amounts shall be allotted for the acquisition of land, water, or RECREATION PURPOSES 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. [Release Point 118-106]	usc54118-106.pdf
(B) NATIONAL FOREST SYSTEM. — (i). —Amounts shall be allotted for the acquisition of land, water, or an IN GENERAL interest in land or water within inholdings within— (I) wilderness areas of the National Forest System; and (II) other areas of national forests as the boundaries of those forests existed on January 1, 1965, or purchase units approved by the National Forest Reservation Commission subsequent to January 1, 1965, all of which other areas are primarily of value for outdoor recreation purposes. (ii). —Land outside but adjacent to an existing national forest ADJACENT LAND 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. (C) ENDANGERED SPECIES AND THREATENED SPECIES; FISH AND WILDLIFE. —Amounts shall be allotted REFUGE AREAS; NATIONAL WILDLIFE REFUGE SYSTEM 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). —Amounts shall be allotted for payment PAYMENT AS OFFSET OF CAPITAL COSTS 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). —Appropriations allotted for the acquisition of AVAILABILITY OF APPROPRIATIONS 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). —Appropriations from the Fund pursuant to this section ACQUISITION RESTRICTIONS 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. (c) RECREATIONAL PUBLIC ACCESS. — (1). —Of the amounts made available for expenditure in any fiscal year under IN GENERAL section 200303, there shall be made available for recreational public access projects identified on the priority list developed under paragraph (2) not less than the greater of— (A) an amount equal to 3 percent of those amounts; or (B) $15,000,000. (2). —The Secretary and the Secretary of Agriculture, in consultation with the PRIORITY LIST head of each affected Federal agency, shall annually develop a priority list for projects that,[Release Point 118-106]	usc54118-106.pdf
through acquisition of land (or an interest in land), secure recreational public access to Federal land under the jurisdiction of the applicable Secretary for hunting, fishing, recreational shooting, or other outdoor recreational purposes. (d). —In determining whether to acquire land (or an interest ACQUISITION CONSIDERATIONS in land) under this section, the Secretary and the Secretary of Agriculture shall take into account— (1) the significance of the acquisition; (2) the urgency of the acquisition; (3) management efficiencies; (4) management cost savings; (5) geographic distribution; (6) threats to the integrity of the land; and (7) the recreational value of the land. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3177; Pub. L. 116-9, title III, §3001(d), (e), Mar. 12, 2019, 133 Stat. 755; Pub. L. 116-152, §3(b)(2), Aug. 4, 2020, 134 Stat. 687. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200306 16 U. S. C. 460-9(a), (b). l Pub. L. 88-578, title I, §7, formerly §6, Sept. 3, 1964, 78 Stat. 903; Pub. L. 90-401, §1(c), July 15, 1968, 82 Stat. 355; renumbered §7, Pub. L. 92-347, §2, July 11, 1972, 86 Stat. 459; amended Pub. L. 93-205, §13(c), Dec. 28, 1973, 87 Stat. 902; Pub. L. 94-422, title I, §101(4), Sept. 28, 1976, 90 Stat. 1317; Pub. L. 95-42, §1(3)-(5), June 10, 1977, 91 Stat. 210, 211; Pub. L. 96-203, §2, Mar. 10, 1980, 94 Stat. 81; Pub. L. 99-645, title III, §302, Nov. 10, 1986, 100 Stat. 3587; Pub. L. 103-437, §6(p)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104-333, div. I, title VIII, §814(b), (d)(2)(C), Nov. 12, 1996, 110 Stat. 4194, 4196; Pub. L. 106-176, title I, §§120(b), 129, Mar. 10, 2000, 114 Stat. 28, 30. In subsection (a)(4), the words "January 4, 1977" are substituted for "the convening of the Ninety-fifth Congress", and the words "January 15, 1979" are substituted for " the convening of the Ninety-sixth Congress", for clarity. EDITORIAL NOTES AMENDMENTS 2020—Subsec. (a)(2)(B)(iii). Pub. L. 116-152 struck out cl. (iii). Text read as follows: "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. " 2019—Subsec. (c). Pub. L. 116-9, §3001(d), added subsec. (c). Subsec. (d). Pub. L. 116-9, §3001(e), added subsec. (d). [Release Point 118-106]	usc54118-106.pdf
§200307. Availability of Fund amounts for publicity purposes (a). —Amounts derived from the sources listed in section 200302 of this title shall IN GENERAL not be available for publicity purposes. (b). —In a case where significant acquisition or EXCEPTION FOR TEMPORARY SIGNING 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3179. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200307 16 U. S. C. 460-10. l Pub. L. 88-578, title I, §8, formerly §7, Sept. 3, 1964, 78 Stat. 903; renumbered §8, Pub. L. 92-347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 94-422, title I, §101(5), Sept. 28, 1976, 90 Stat. 1318. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3179. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200308 16 U. S. C. 460-10a. l Pub. L. 88-578, title I, §9, formerly §8, as added Pub. L. 90-401, §4, July 15, 1968, 82 Stat. 355; Pub. L. 91-308, §3, July 7, 1970, 84 Stat. 410; renumbered §9, Pub. L. 92-347, §2, July 11, 1972, 86 Stat. 459; Pub. L. 93-303, §3, June 7, 1974, 88 Stat. 194. STATUTORY NOTES AND RELATED SUBSIDIARIES RESCISSION OF CONTRACT AUTHORITY[Release Point 118-106]	usc54118-106.pdf
Provisions rescinding contract authority provided for specific fiscal years by 54 U. S. C. 200308 (formerly 16 U. S. C. 460l-10a) were contained in the appropriation acts that were listed in a note under former section 460l-10a of Title 16, Conservation, and in the following appropriation acts: Pub. L. 115-31, div. G, title I, May 5, 2017, 131 Stat. 443. Pub. L. 114-113, div. G, title I, Dec. 18, 2015, 129 Stat. 2532. Pub. L. 113-235, div. F, title I, Dec. 16, 2014, 128 Stat. 2402. Pub. L. 113-76, div. G, title I, Jan. 17, 2014, 128 Stat. 295. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3179. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200309 16 U. S. C. 460-10b. l Pub. L. 88-578, title I, §10, formerly §9, as added Pub. L. 90-401, §4, July 15, 1968, 82 Stat. 355; renumbered §10, Pub. L. 92-347, §2, July 11, 1972, 86 Stat. 459. §200310. Transfers to and from Fund (a). —There shall be set aside in the Fund the amounts specified in MOTORBOAT FUEL TAXES section 9503(c)(3)(B) of the Internal Revenue Code of 1986 (26 U. S. C. 9503(c)(3)(B)). (b). —There shall be paid from time to time from the Fund into the general REFUNDS OF TAXES fund of the Treasury amounts estimated by the Secretary of the Treasury as equivalent to— (1) the amounts paid before October 1, 2029, 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, 2028; and (2) 80 percent of the floor stocks refunds made before October 1, 2029, under section 6412(a)(1) of the Internal Revenue Code of 1986 (26 U. S. C. 6412(a)(1)) with respect to gasoline to be used in motorboats. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3179; Pub. L. 114-94, div. C, title XXXI, §31102(e)(2)(B), Dec. 4, 2015, 129 Stat. 1728; Pub. L. 117-58, div. H, title I, §80102(e)(2)(B), Nov. 15, 2021, 135 Stat. 1328. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200310 16 U. S. C. 460-11. l Pub. L. 88-578, title II, §201, Sept. 3, 1964, 78 Stat. 904; Pub. L. 91-605, title III, §302, Dec. 31, 1970, 84 Stat. 1743; Pub. L. 94-273, §3(4), Apr. 21, 1976, 90 Stat. 376; Pub. L. [Release Point 118-106]	usc54118-106.pdf
94-280, title III, §302, May 5, 1976, 90 Stat. 456; Pub. L. 95-599, title V, §503(b), Nov. 6, 1978, 92 Stat. 2757; Pub. L. 97-424, title V, §531(c), Jan. 6, 1983, 96 Stat. 2191; Pub. L. 99-514, §2, title XVIII, §1875(e), Oct. 22, 1986, 100 Stat. 2095, 2897; Pub. L. 100-17, title V, §503(c), Apr. 2, 1987, 101 Stat. 258; Pub. L. 101-508, title XI, §11211(g)(2), Nov. 5, 1990, 104 Stat. 1388-427; Pub. L. 102-240, title VIII, §8002(d)(2)(B), Dec. 18, 1991, 105 Stat. 2204; Pub. L. 105-178, title IX, §9002(c)(2)(B), June 9, 1998, 112 Stat. 500; Pub. L. 109-59, title XI, §11101(c)(2)(B), Aug. 10, 2005, 119 Stat. 1944; Pub. L. 112-30, title I, §142(e)(2)(B), Sept. 16, 2011, 125 Stat. 356; Pub. L. 112-102, title IV, §402(e)(2)(B), Mar. 30, 2012, 126 Stat. 282; Pub. L. 112-140, title IV, §402(d)(2)(B), June 29, 2012, 126 Stat. 403; Pub. L. 112-141, div. D, title I, §40102(e)(2)(B), July 6, 2012, 126 Stat. 845. In subsection (a), the words "(relating to special motor fuels and gasoline used in motorboats)" are omitted as unnecessary. In subsection (b), the words "(relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems)" are omitted as unnecessary. EDITORIAL NOTES AMENDMENTS 2021—Subsec. (b). Pub. L. 117-58 substituted "October 1, 2029" for "October 1, 2023" in pars. (1) and (2) and "October 1, 2028" for "October 1, 2022" in par. (1). 2015—Subsec. (b)(1). Pub. L. 114-94 substituted "October 1, 2023" for "October 1, 2017" and "October 1, 2022" for "October 1, 2016". Subsec. (b)(2). Pub. L. 114-94, §31102(e)(2)(B)(i), substituted "October 1, 2023" for "October 1, 2017". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117-58 effective Oct. 1, 2021, see section 80102(f) of Pub. L. 117-58, set out as a note under section 4041 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-94 effective Oct. 1, 2016, see section 31102(f) of Pub. L. 114-94, set out as a note under section 4041 of Title 26, Internal Revenue Code. CHAPTER 2004—NATIONAL PARKS AND PUBLIC LAND LEGACY[Release Point 118-106]	usc54118-106.pdf
National Parks and Public Land Legacy Restoration Fund. 200402. Definitions. 200401. Sec. RESTORATION FUND §200401. Definitions In this chapter: (1). —The term "asset" means any real property, including any physical structure or ASSET grouping of structures, landscape, trail, or other tangible property, that— (A) has a specific service or function; and (B) is tracked and managed as a distinct, identifiable entity by the applicable covered agency. (2). —The term "covered agency" means— COVERED AGENCY (A) the Service; (B) the United States Fish and Wildlife Service; (C) the Forest Service; (D) the Bureau of Land Management; and (E) the Bureau of Indian Education. (3). —The term "Fund" means the National Parks and Public Land Legacy Restoration FUND Fund established by section 200402(a). (4). —The term "project" means any activity to reduce or eliminate deferred PROJECT maintenance of an asset, which may include resolving directly related infrastructure deficiencies of the asset that would not by itself be classified as deferred maintenance. (Added Pub. L. 116-152, §2(a), Aug. 4, 2020, 134 Stat. 682. ) §200402. National Parks and Public Land Legacy Restoration Fund (a). —There is established in the Treasury of the United States a fund to be ESTABLISHMENT known as the "National Parks and Public Land Legacy Restoration Fund". (b) DEPOSITS. — (1). —Except as provided in paragraph (2), for each of fiscal years 2021 through IN GENERAL 2025, there shall be deposited in the Fund an amount equal to 50 percent of all energy development revenues due and payable to the United States from oil, gas, coal, or alternative or renewable energy development on Federal land and water credited, covered, or deposited as miscellaneous receipts under Federal law in the preceding fiscal year. (2). —The amount deposited in the Fund under paragraph (1) shall not MAXIMUM AMOUNT exceed $1,900,000,000 for any fiscal year. (3). —Nothing in this section affects the disposition of EFFECT ON OTHER REVENUES revenues that— (A) are due to the United States, special funds, trust funds, or States from mineral and energy development on Federal land and water; or (B) have been otherwise appropriated— (i) under Federal law, including— (I) the Gulf of Mexico Energy Security Act of 2006 (43 U. S. C. 1331 note; Public Law 109-432); and (II) the Mineral Leasing Act (30 U. S. C. 181 et seq. ); or (ii) from— (I) the Land and Water Conservation Fund established under chapter 2003; or (II) the Historic Preservation Fund established under chapter 3031. [Release Point 118-106]	usc54118-106.pdf
(c). —Amounts deposited in the Fund shall be available to the AVAILABILITY OF FUNDS Secretary and the Secretary of Agriculture, as provided in subsection (e), without further appropriation or fiscal year limitation. (d) INVESTMENT OF AMOUNTS. — (1). —The Secretary may request the Secretary of the Treasury to invest any IN GENERAL portion of the Fund that is not, as determined by the Secretary, in consultation with the Secretary of Agriculture, required to meet the current needs of the Fund. (2). —An investment requested under paragraph (1) shall be made by the REQUIREMENT Secretary of the Treasury in a public debt security— (A) with a maturity suitable to the needs of the Fund, as determined by the Secretary; and (B) bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. (3). —The income on investments of the Fund under this subsection shall CREDITS TO FUND be credited to, and form a part of, the Fund. (e) USE OF FUNDS. — (1). —Amounts deposited in the Fund for each fiscal year shall be used for IN GENERAL priority deferred maintenance projects in the System, in the National Wildlife Refuge System, on public land administered by the Bureau of Land Management, for the Bureau of Indian Education schools, and in the National Forest System, as follows: (A) 70 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Service. (B) 15 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Forest Service. (C) 5 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the United States Fish and Wildlife Service. (D) 5 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Bureau of Land Management. (E) 5 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Bureau of Indian Education. (2) LIMITATIONS. — (A). —Over the term of the Fund, within each NON-TRANSPORTATION PROJECTS covered agency, not less than 65 percent of amounts from the Fund shall be allocated for non-transportation projects. (B). —The amounts remaining in the Fund after the TRANSPORTATION PROJECTS allocations required under subparagraph (A) may be allocated for transportation projects of the covered agencies, including paved and unpaved roads, bridges, tunnels, and paved parking areas. (C). —Any priority deferred maintenance project funded under this section shall be PLAN consistent with an applicable transportation, deferred maintenance, or capital improvement plan developed by the applicable covered agency. (f). —No amounts in the Fund shall be used— PROHIBITED USE OF FUNDS (1) for land acquisition; (2) to supplant discretionary funding made available for annually recurring facility operations, maintenance, and construction needs; or (3) for bonuses for employees of the Federal Government that are carrying out this section. (g). —Not later than 90 SUBMISSION OF PRIORITY LIST OF PROJECTS TO CONGRESS[Release Point 118-106]	usc54118-106.pdf
days after the date of enactment of this section, the Secretary and the Secretary of Agriculture shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Natural Resources and Appropriations of the House of Representatives a list of projects to be funded for fiscal year 2021 that— (1) are identified by the Secretary and the Secretary of Agriculture as priority deferred maintenance projects; and (2) as of the date of the submission of the list, are ready to be implemented. (h). —Until the date on SUBMISSION OF ANNUAL LIST OF PROJECTS TO CONGRESS which all of the amounts in the Fund are expended, the President shall annually submit to Congress, together with the annual budget of the United States, a list of projects to be funded from the Fund that includes a detailed description of each project, including the estimated expenditures from the Fund for the project for the applicable fiscal year. (i) ALTERNATE ALLOCATION. — (1). —Appropriations Acts may provide for alternate allocation of amounts made IN GENERAL available under this section, consistent with the allocations to covered agencies under subsection (e)(1). (2) ALLOCATION BY PRESIDENT. — (A). —If Congress has not enacted legislation NO ALTERNATE ALLOCATIONS establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (c) shall be allocated by the President. (B). —If Congress enacts legislation INSUFFICIENT ALTERNATE ALLOCATION establishing alternate allocations for amounts made available under subsection (c) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. (j) PUBLIC DONATIONS. — (1). —The Secretary and the Secretary of Agriculture may accept public cash or IN GENERAL in-kind donations that advance efforts— (A) to reduce the deferred maintenance backlog; and (B) to encourage relevant public-private partnerships. (2). —Any cash donations accepted under paragraph (1) shall be— CREDITS TO FUND (A) credited to, and form a part of, the Fund; and (B) allocated to the covered agency for which the donation was made. (3). —Any donations allocated to a covered agency under paragraph OTHER ALLOCATIONS (2)(B) shall be allocated to the applicable covered agency independently of the allocations under subsection (e)(1). (k). —In expending amounts from the REQUIRED CONSIDERATION FOR ACCESSIBILITY Fund, the Secretary and the Secretary of Agriculture shall incorporate measures to improve the accessibility of assets and accommodate visitors and employees with disabilities in accordance with applicable law. (Added Pub. L. 116-152, §2(a), Aug. 4, 2020, 134 Stat. 683. ) EDITORIAL NOTES REFERENCES IN TEXT The Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b)(3)(B)(i)(I), is title I of div. C of Pub. L. 109-432, Dec. 20, 2006, 120 Stat. 3000, which is set out as a note under section 1331 of Title 43,[Release Point 118-106]	usc54118-106.pdf
Funding limitations. 200511. Inapplicability of matching provisions. 200510. Recordkeeping. 200509. Coordination of program. 200508. Conversion of recreation property. 200507. Non-Federal share of project costs. 200506. State action. 200505. Recovery action programs. 200504. Rehabilitation grants and innovation grants. 200503. Federal assistance. 200502. Definitions. 200501. Sec. Public Lands. The Mineral Leasing Act, referred to in subsec. (b)(3)(B)(i)(II), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classified generally to chapter 3A (§181 et seq. ) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 181 of Title 30 and Tables. The date of enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 116-152, which was approved Aug. 4, 2020. STATUTORY NOTES AND RELATED SUBSIDIARIES ALLOCATION OF FUNDS For certain requirements regarding allocation of funds pursuant to subsec. (c) of this section and as provided in subsec. (e) of this section, see section 430(a)-(c) of div. E of Pub. L. 118-42, set out as a note under section 200303 of this title. CHAPTER 2005—URBAN PARK AND RECREATION RECOVERY PROGRAM §200501. Definitions In this chapter: (1) AT-RISK YOUTH RECREATION GRANT. — (A). —The term "at-risk youth recreation grant" means a grant in a IN GENERAL neighborhood or community with a high prevalence of crime, particularly violent crime or crime committed by youthful offenders. (B). —The term "at-risk youth recreation grant" includes— INCLUSIONS (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). —In addition to the purposes ADDITIONAL USES OF REHABILITATION GRANT 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). —The term "general purpose local GENERAL PURPOSE LOCAL GOVERNMENT government" means— (A) a city, county, town, township, village, or other general purpose political subdivision of a State; and[Release Point 118-106]	usc54118-106.pdf
(B) the District of Columbia. (3). —The term "innovation grant" means a matching grant to a local INNOVATION GRANT 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). —The term "maintenance" means all commonly accepted practices MAINTENANCE necessary to keep recreation areas and facilities operating in a state of good repair and to protect them from deterioration resulting from normal wear and tear. (5). —The term "private, nonprofit agency" means a PRIVATE, NONPROFIT AGENCY 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). —The term "recovery action program grant" means a matching grant to a IN GENERAL local government for development of local park and recreation recovery action programs to meet the requirements of this chapter. (B). —A recovery action program grant shall be used for resource and needs assessment,USE 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). —The term "recreation area or facility" means an RECREATION AREA OR FACILITY 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). —The term "rehabilitation grant" means a matching capital REHABILITATION GRANT 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). —The term "special purpose local government" means a local or regional IN GENERAL special district, public-purpose corporation, or other limited political subdivision of a State. (B). —The term "special purpose local government" includes— INCLUSIONS (i) a park authority; (ii) a park, conservation, water, or sanitary district; and (iii) a school district. (10). —The term "State" means a State, an instrumentality of a State approved by the STATE Governor of the State, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3180. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large)[Release Point 118-106]	usc54118-106.pdf
200501 16 U. S. C. 2503. Pub. L. 95-625, title X, §1004, Nov. 10, 1978, 92 Stat. 3539; Pub. L. 103-322, title III, §31502, Sept. 13, 1994, 108 Stat. 1888. In paragraph (1)(C), the words "that serves as an at-risk youth recreation grant" are substituted for "referred to in paragraph (1) of this subsection" for clarity. In paragraph (2), the word "parish" is omitted because of 1 U. S. C. 2. STATUTORY NOTES AND RELATED SUBSIDIARIES CONGRESSIONAL STATEMENT OF PURPOSE; COMPLEMENTARY PROGRAM AUTHORIZATION; TERMS AND CONDITIONS Pub. L. 95-625, title X, §1003, Nov. 10, 1978, 92 Stat. 3539; Pub. L. 103-322, title III, §§31501, 31505(b), Sept. 13, 1994, 108 Stat. 1888, 1890, provided that: "The purpose of this title [now 54 U. S. C. 200501 et seq. ] is to authorize the Secretary [of the Interior] to establish an urban park and recreation recovery program which would provide Federal grants to economically hard-pressed communities specifically for the rehabilitation of critically needed recreation areas, facilities, and development of improved recreation programs. This program is intended to complement existing Federal programs such as the Land and Water Conservation Fund and Community Development Grant Programs by encouraging and stimulating local governments to revitalize their park and recreation systems and to make long-term commitments to continuing maintenance of these systems. Such assistance shall be subject to such terms and conditions as the Secretary considers appropriate and in the public interest to carry out the purposes of this title. It is further the purpose of this title to improve recreation facilities and expand recreation services in urban areas with a high incidence of crime and to help deter crime through the expansion of recreation opportunities for at-risk youth. It is the further purpose of this section [probably means title] to increase the security of urban parks and to promote collaboration between local agencies involved in parks and recreation, law enforcement, youth social services, and juvenile justice system. " §200502. Federal assistance (a). —Eligibility of general purpose local ELIGIBILITY DETERMINED BY SECRETARY governments for assistance under this chapter shall be based on need as determined by the Secretary. The Secretary shall publish in the Federal Register a list of local governments eligible to participate in this program, to be accompanied by a discussion of criteria used in determining eligibility. Criteria shall be based on factors that the Secretary determines are related to deteriorated recreational facilities or systems and physical and economic distress. (b). —In addition ADDITIONAL ELIGIBLE GENERAL PURPOSE LOCAL GOVERNMENTS 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). —The Secretary shall establish priority criteria for project selection and IN GENERAL 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—[Release Point 118-106]	usc54118-106.pdf
(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). —For at-risk youth recreation grants, the AT-RISK YOUTH RECREATION GRANTS Secretary shall give a priority to each of the following criteria: (A) Programs that are targeted to youth who are at the greatest risk of becoming involved in violence and crime. (B) Programs that teach important values and life skills, including teamwork, respect, leadership, and self-esteem. (C) Programs that offer tutoring, remedial education, mentoring, and counseling in addition to recreation opportunities. (D) Programs that offer services during late night or other nonschool hours. (E) Programs that demonstrate collaboration between local park and recreation, juvenile justice, law enforcement, and youth social service agencies and nongovernmental entities, including the private sector and community and nonprofit organizations. (F) Programs that leverage public or private recreation investments in the form of services, materials, or cash. (G) Programs that show the greatest potential of being continued with non-Federal funds or that can serve as models for other communities. (d). —Grants to discretionary applicants under subsection (b) may not LIMITATION OF FUNDS 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3181. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200502 16 U. S. C. 2504. Pub. L. 95-625, title X, §1005, Nov. 10, 1978, 92 Stat. 3540; Pub. L. 103-322, title III, §31503, Sept. 13, 1994, 108 Stat. 1889. In subsection (a), the words "Within one hundred and twenty days after November 10, 1978" are omitted as obsolete. In subsection (b), the word "standard" is omitted as obsolete. The words "the Director of the Office of Management and Budget" are substituted for "census". See 31 U. S. C. 1104(d), Executive Order No. 10253 (31 U. S. C. 1104 note), and 44 U. S. C. 3504(e)(3). EDITORIAL NOTES REFERENCES IN TEXT The Urban Park and Recreation Recovery Act of 1978 (Public Law 95-625, 92 Stat. 3538), referred to in subsec. (b), is title X of Pub. L. 95-625, Nov. 10, 1978, 92 Stat. 3538, which was classified generally to chapter 45 (§2501 et seq. ) of Title 16, Conservation. The Act was substantially repealed and restated as this chapter by Pub. L. 113-287, §§3, 7, Dec. 19, 2014, 128 Stat. 3180, 3272. The findings and purposes of the[Release Point 118-106]	usc54118-106.pdf
Act are contained in sections 1002 and 1003 of the Act. Section 1002 was classified to section 2501 of Title 16 and was omitted from the Code. Section 1003 is set out as a note under section 200501 of this title. For complete classification of this Act to the Code, see Tables. For disposition of former sections of Title 16, see Disposition Table preceding section 100101 of this title. §200503. Rehabilitation grants and innovation grants (a). —The Secretary may provide 70 percent matching rehabilitation MATCHING GRANTS 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). —An innovation grant should be closely tied to goals, SPECIAL CONSIDERATIONS 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). —If consistent with an approved application, a grant recipient may transfer a TRANSFER 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 general1 population within the jurisdictional boundaries of the grant recipient. (d). —Payments may be made only for a rehabilitation project or innovation project PAYMENTS 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). —The Secretary may authorize modification of an approved MODIFICATION OF PROJECT 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3183. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200503 16 U. S. C. 2505. Pub. L. 95-625, title X, §1006, Nov. 10, 1978, 92 Stat. 3541. In subsection (a), the words "chief executive officials" are substituted for "chief executives" for consistency in the new title. In subsection (c), the words "At the discretion of such applicants" are omitted as unnecessary. So in original. Probably should be "transferee". 1 §200504. Recovery action programs (a). —As a requirement EVIDENCE OF LOCAL COMMITMENT TO ONGOING PROGRAMS for project approval, local governments applying for assistance under this chapter shall submit to the Secretary evidence of their commitments to ongoing planning, rehabilitation, service, operation, and maintenance programs for their park and recreation systems. These commitments will be expressed in local park and recreation recovery action programs that maximize coordination of all community resources, including other federally supported urban development and recreation programs. During an initial interim period to be established by regulations under this chapter, this requirement may be satisfied by local government submissions of preliminary action programs that briefly define objectives, priorities, and implementation strategies for overall system recovery and maintenance and[Release Point 118-106]	usc54118-106.pdf
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). —Where appropriate, the Secretary may encourage CONTINUING PLANNING PROCESS 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). —Action programs shall address, but are not limited to— SPECIAL CONSIDERATIONS (1) rehabilitation of existing recreational areas and facilities, including— (A) general systemwide renovation; (B) special rehabilitation requirements for recreational areas and facilities in areas of high population concentration and economic distress; and (C) restoration of outstanding or unique structures, landscaping, or similar features in parks of historical or architectural significance; and (2) local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment recovery of park and recreation systems, including— (A) recycling of abandoned schools and other public buildings for recreational purposes; (B) multiple use of operating educational and other public buildings, purchase of recreation services on a contractual basis; (C) use of mobile facilities and recreational, cultural, and educational programs or other innovative approaches to improving access for neighborhood residents; (D) integration of recovery program with federally assisted projects to maximize recreational opportunities through conversion of abandoned railroad and highway rights of way, waterfront, and other redevelopment efforts and such other federally assisted projects as may be appropriate; (E) conversion of recreation use of street space, derelict land, and other public land not now designated for neighborhood recreational use; and (F) use of various forms of compensated and uncompensated land regulation, tax inducements, or other means to encourage the private sector to provide neighborhood park and recreation facilities and programs. (d). —The Secretary shall establish and publish in the PUBLICATION IN FEDERAL REGISTER Federal Register requirements for preparation, submission, and updating of local park and recreation recovery action programs. (e). —To be eligible to receive ELIGIBILITY FOR AT-RISK YOUTH RECREATION GRANTS 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. [Release Point 118-106]	usc54118-106.pdf
(f). —The Secretary may provide up MATCHING RECOVERY ACTION PROGRAM GRANTS 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3183. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200504 16 U. S. C. 2506. Pub. L. 95-625, title X, §1007, Nov. 10, 1978, 92 Stat. 3541; Pub. L. 103-322, title III, §§31504, Sept. 13, 1994, 108 Stat. 1889. In subsection (c)(1), the word "areas" is substituted for "sites" for consistency with the defined term and with the new chapter. §200505. State action (a). —The Secretary may increase rehabilitation grants or innovation ADDITIONAL MATCH 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). —The Secretary shall ADEQUATE IMPLEMENTATION OF LOCAL RECOVERY PLANS 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3185. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200505 16 U. S. C. 2507. Pub. L. 95-625, title X, §1008, Nov. 10, 1978, 92 Stat. 3542. In subsection (a), the words "rehabilitation grants or innovation grants" are substituted for "Federal implementation grants" for clarity. See 36 CFR 72. 32(c). §200506. Non-Federal share of project costs (a) SOURCES. — (1). —The non-Federal share of project costs assisted under this ALLOWABLE SOURCES chapter may be derived from general or special purpose State or local revenues, State categorical grants, special appropriations by State legislatures, donations of land, buildings, or building materials, and in-kind construction, technical, and planning services. Reasonable local costs of recovery action program development to meet the requirements of section 200504(a) of this title may be used as part of the local match only when the local government has not received a recovery action program grant. (2). —No amount from the Land and Water Conservation NON-ALLOWABLE SOURCES 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. [Release Point 118-106]	usc54118-106.pdf
(b). —The Secretary shall ENCOURAGEMENT OF STATES AND PRIVATE INTERESTS encourage States and private interests to contribute, to the maximum extent possible, to the non-Federal share of project costs. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3185. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200506 16 U. S. C. 2508. Pub. L. 95-625, title X, §1009, Nov. 10, 1978, 92 Stat. 3543. In subsection (a), the word "recovery" is added after "Reasonable local costs of", and the words "a recovery action program grant" are substituted for "program development grants", for clarity. See 36 CFR 72. 32(a). §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3186. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200507 16 U. S. C. 2509. Pub. L. 95-625, title X, §1010, Nov. 10, 1978, 92 Stat. 3543. The words "then current" are substituted for "current" for clarity. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3186. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large)[Release Point 118-106]	usc54118-106.pdf
200508 16 U. S. C. 2510. Pub. L. 95-625, title X, §1011, Nov. 10, 1978, 92 Stat. 3543. In subsection (a)(1), the word "departments" is omitted as being included in "agency". §200509. Recordkeeping (a). —A recipient of assistance under this chapter shall keep such records as the IN GENERAL 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). —The Secretary and the Comptroller General shall have access for the purpose of ACCESS audit and examination to any records of the recipient that are pertinent to assistance received under this chapter. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3186. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200509 16 U. S. C. 2511. Pub. L. 95-625, title X, §1012, Nov. 10, 1978, 92 Stat. 3543. In subsection (a)(1), the word "fully" is omitted as unnecessary. In subsection (b), the words "or their duly authorized representatives" are omitted as unnecessary. See section 2 of Reorganization Plan No. 3 of 1950 (5 U. S. C. App., 43 U. S. C. 1451 note) for the Secretary and 31 U. S. C. 711(2) for the Comptroller General. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3186. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200510 16 U. S. C. 2512(a) (last paragraph). Pub. L. 95-625, title X, §1013(a) (last paragraph), Nov. 10, 1978, 92 Stat. 3544; Pub. L. 98-454, title VI, §601(a), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 103-322, title III, §31505(a), Sept. 13, 1994, 108 Stat. 1889. The text of 16 U. S. C. 2512(a) (last paragraph 1st sentence) is omitted as obsolete. [Release Point 118-106]	usc54118-106.pdf
§200511. Funding limitations (a). —The amount of grants made under this chapter for projects in any LIMITATION OF FUNDS 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). —Not more than 3 percent of the amount made RECOVERY ACTION PROGRAM GRANTS available for grants under this chapter for a fiscal year shall be used for recovery action program grants. (c). —Not more than 10 percent of the amount made available for grants INNOVATION GRANTS under this chapter for a fiscal year shall be used for innovation grants. (d). —Not more than 25 percent of the amount made available under this PROGRAM SUPPORT chapter to any local government shall be used for program support. (e). —No funds made available under this chapter shall be used for the NO LAND ACQUISITION acquisition of land or an interest in land. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3187. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 200511(a) 16 U. S. C. 2512(a) (1st paragraph 1st, 3d, last sentences). Pub. L. 95-625, title X, §1013(a) (1st paragraph), Nov. 10, 1978, 92 Stat. 3544; Pub. L. 98-454, title VI, §601(a), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 103-322, title III, §31505(a), Sept. 13, 1994, 108 Stat. 1889. 200511(b), (c) 16 U. S. C. 2512(a) (1st paragraph 2d sentence). 200511(d) 16 U. S. C. 2512(b). Pub. L. 95-625, title X, §1013(b), as added Pub. L. 103-322, title III, §31505(a), Sept. 13, 1994, 108 Stat. 1890. 200511(e) 16 U. S. C. 2513. Pub. L. 95-625, title X, §1014, Nov. 10, 1978, 92 Stat. 3544. In subsection (a), the text of 16 U. S. C. 2512(a) (1st paragraph 1st and last sentences) is omitted as obsolete. The words "in the aggregate" are omitted as unnecessary. The words "amount made available for grants to all of the States" are substituted for "aggregate amount of funds authorized to be appropriated" for clarity and for consistency in the section. In subsections (b) and (c), the words "made available for grants" are substituted for "authorized" for clarity and for consistency in the section. In subsection (b), the words "local park and recreation" are omitted as unnecessary because of the defined term. Subtitle III—National Preservation Programs DIVISION A—HISTORIC PRESERVATION SUBDIVISION 1—GENERAL PROVISIONS[Release Point 118-106]	usc54118-106.pdf
Policy. 300101. Sec. CHAPTER 3001—POLICY §300101. Policy It is the policy of the Federal Government, in cooperation with other nations and in partnership with States, local governments, Indian tribes, Native Hawaiian organizations, and private organizations and individuals, to— (1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our historic property can exist in productive harmony and fulfill the social, economic, and other requirements of present and future generations; (2) provide leadership in the preservation of the historic property of the United States and of the international community of nations and in the administration of the national preservation program; (3) administer federally owned, administered, or controlled historic property in a spirit of stewardship for the inspiration and benefit of present and future generations; (4) contribute to the preservation of nonfederally owned historic property and give maximum encouragement to organizations and individuals undertaking preservation by private means; (5) encourage the public and private preservation and utilization of all usable elements of the Nation's historic built environment; and (6) assist State and local governments, Indian tribes and Native Hawaiian organizations, and the National Trust to expand and accelerate their historic preservation programs and activities. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3187. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300101 16 U. S. C. 470-1. Pub. L. 89-665, §2, as added Pub. L. 96-515, title I, §101(a), Dec. 12, 1980, 94 Stat. 2988; Pub. L. 102-575, title XL, §4002, Oct. 30, 1992, 106 Stat. 4753. The words "Native Hawaiian organizations" are added for consistency in the section. In paragraph (2), the words "in partnership with States, Indian tribes, Native Hawaiians, and local governments" are omitted as unnecessary because the words are used in the introductory material of this section. EXECUTIVE DOCUMENTS EX. ORD. NO. 11593. PROTECTION AND ENHANCEMENT OF THE CULTURAL ENVIRONMENT Ex. Ord. No. 11593, May 13, 1971, 36 F. R. 8921, provided: By virtue of the authority vested in me as President of the United States and in furtherance of the purposes and policies of the National Environmental Policy Act of 1969 (83 Stat. 852, 42 U. S. C. 4321 et seq. ), the National Historic Preservation Act of 1966 (80 Stat. 915, [former] 16 U. S. C. 470 et seq. ) [see 54 U. S. C. 300101 et seq. ], the Historic Sites Act of 1935 (49 Stat. 666, [former] 16 U. S. C. 461 et seq. ) [see 18 U. S. C. 1866(a), 54 U. S. C. 102303, 102304, 320101 et seq. ], and the Antiquities Act of 1906 (34 Stat. 225, 16 [former] U. S. C. 431 et seq. ) [see 18 U. S. C. 1866(b), 54 U. S. C. 320301(a) to (c), 320302, 320303], it is ordered as follows: SECTION 1.. The Federal Government shall provide leadership in preserving, restoring and Policy maintaining the historic and cultural environment of the Nation. Agencies of the executive branch of the[Release Point 118-106]	usc54118-106.pdf
Government (hereinafter referred to as "Federal agencies") shall (1) administer the cultural properties under their control in a spirit of stewardship and trusteeship for future generations, (2) initiate measures necessary to direct their policies, plans and programs in such a way that federally owned sites, structures, and objects of historical, architectural or archaeological significance are preserved, restored and maintained for the inspiration and benefit of the people, and (3), in consultation with the Advisory Council on Historic Preservation ([former] 16 U. S. C. 470i [see 54 U. S. C. 304101]), institute procedures to assure that Federal plans and programs contribute to the preservation and enhancement of non-federally owned sites, structures and objects of historical, architectural or archaeological significance. SEC. 2.. Consonant with the provisions of the acts cited in the first Responsibilities of Federal agencies paragraph of this order, the heads of Federal agencies shall: (a) no later than July 1, 1973, with the advice of the Secretary of the Interior, and in cooperation with the liaison officer for historic preservation for the State or territory involved, locate, inventory, and nominate to the Secretary of the Interior all sites, buildings, districts, and objects under their jurisdiction or control that appear to qualify for listing on the National Register of Historic Places. (b) exercise caution during the interim period until inventories and evaluations required by subsection (a) are completed to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished or substantially altered. The agency head shall refer any questionable actions to the Secretary of the Interior for an opinion respecting the property's eligibility for inclusion on the National Register of Historic Places. The Secretary shall consult with the liaison officer for historic preservation for the State or territory involved in arriving at his opinion. Where, after a reasonable period in which to review and evaluate the property, the Secretary determines that the property is likely to meet the criteria prescribed for listing on the National Register of Historic Places, the Federal agency head shall reconsider the proposal in light of national environmental and preservation policy. Where, after such reconsideration, the Federal agency head proposes to transfer, sell, demolish or substantially alter the property he shall not act with respect to the property until the Advisory Council on Historic Preservation shall have been provided an opportunity to comment on the proposal. (c) initiate measures to assure that where as a result of Federal action or assistance a property listed on the National Register of Historic Places is to be substantially altered or demolished, timely steps be taken to make or have made records, including measured drawings, photographs and maps, of the property, and that copy of such records then be deposited in the Library of Congress as part of the Historic American Buildings Survey or Historic American Engineering Record for future use and reference. Agencies may call on the Department of the Interior for advice and technical assistance in the completion of the above records. (d) initiate measures and procedures to provide for the maintenance, through preservation, rehabilitation, or restoration, of federally owned and registered sites at professional standards prescribed by the Secretary of the Interior. (e) submit procedures required pursuant to subsection (d) to the Secretary of the Interior and to the Advisory Council on Historic Preservation no later than January 1, 1972, and annually thereafter, for review and comment. (f) cooperate with purchasers and transferees of a property listed on the National Register of Historic Places in the development of viable plans to use such property in a manner compatible with preservation objectives and which does not result in an unreasonable economic burden to public or private interests. SEC. 3.. The Secretary of the Interior shall: Responsibilities of the Secretary of the Interior (a) encourage State and local historic preservation officials to evaluate and survey federally owned historic properties and, where appropriate, to nominate such properties for listing on the National Register of Historic Places. (b) develop criteria and procedures to be applied by Federal agencies in the reviews and nominations required by section 2(a). Such criteria and procedures shall be developed in consultation with the affected agencies. (c) expedite action upon nominations to the National Register of Historic Places concerning federally owned properties proposed for sale, transfer, demolition or substantial alteration. (d) encourage State and Territorial liaison officers for historic preservation to furnish information upon request to Federal agencies regarding their properties which have been evaluated with respect to historic, architectural or archaeological significance and which as a result of such evaluations have not been found suitable for listing on the National Register of Historic Places. (e) develop and make available to Federal agencies and State and local governments information concerning professional methods and techniques for preserving, improving, restoring and maintaining historic properties. (f) advise Federal agencies in the evaluation, identification, preservation, improvement, restoration and[Release Point 118-106]	usc54118-106.pdf
World Heritage Convention. 300321. Undertaking. 300320. Tribal land. 300319. State historic preservation review board. 300318. State. 300317. Secretary. 300316. Preservation or historic preservation. 300315. Native Hawaiian organization. 300314. Native Hawaiian. 300313. National Trust. 300312. National Register. 300311. Local government. 300310. Indian tribe. 300309. Historic property. 300308. Historic preservation review commission. 300307. Historic Preservation Fund. 300306. Historic conservation district. 300305. Cultural park. 300304. Council. 300303. Certified local government. 300302. Agency. 300301. Sec. maintenance of historic properties. (g) review and evaluate the plans of transferees of surplus Federal properties transferred for historic monument purposes to assure that the historic character of such properties is preserved in rehabilitation, restoration, improvement, maintenance and repair of such properties. (h) review and comment upon Federal agency procedures submitted pursuant to section 2(e) of this order. RICHARD NIXON. EXECUTIVE ORDER NO. 13934 Ex. Ord. No. 13934, July 3, 2020, 85 F. R. 41165, as amended by Ex. Ord. No. 13978, §§3, 4, Jan. 18, 2021, 86 F. R. 6810, 6811, which related to establishing the Interagency Task Force for Building and Rebuilding Monuments to American Heroes and a National Garden of American Heroes, was revoked by Ex. Ord. 14029, §1, May 14, 2021, 86 F. R. 27025. EXECUTIVE ORDER NO. 13978 Ex. Ord. No. 13978, Jan. 18, 2021, 86 F. R. 6809, which related to construction of the National Garden of American Heroes, was revoked by Ex. Ord. 14029, §1, May 14, 2021, 86 F. R. 27025. CHAPTER 3003—DEFINITIONS §300301. Agency In this division, the term "agency" has the meaning given the term in section 551 of title 5. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3188. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300301 16 U. S. C. 470w(1). Pub. L. 89-665, title III, §301(1), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. [Release Point 118-106]	usc54118-106.pdf
102-575, title XL, §4019(a)(1), Oct. 30, 1992, 106 Stat. 4763; Pub. L. 106-208, §5(a)(10), May 26, 2000, 114 Stat. 319. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3188. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300302 16 U. S. C. 470w(15). Pub. L. 89-665, title III, §301(15), as added Pub. L. 102-575, title XL, §4019(a)(12), Oct. 30, 1992, 106 Stat. 4764. §300303. Council In this division, the term "Council" means the Advisory Council on Historic Preservation established by section 304101 of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3188. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300303 16 U. S. C. 470w(16). Pub. L. 89-665, title III, §301(16), as added Pub. L. 102-575, title XL, §4019(a), Oct. 30, 1992, 106 Stat. 4764. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3188. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300304 16 U. S. C. 470w(9). Pub. L. 89-665, title III, §301(9), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102-575, title XL, §4019(a)(7), Oct. 30, 1992, 106 Stat. 4764. [Release Point 118-106]	usc54118-106.pdf
§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). (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3188. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300305 16 U. S. C. 470w(10). Pub. L. 89-665, title III, §301(10), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102-575, title XL, §4019(a)(8), Oct. 30, 1992, 106 Stat. 4764. §300306. Historic Preservation Fund In this division, the term "Historic Preservation Fund" means the Historic Preservation Fund established under section 303101 of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3189. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300306 no source. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3189. ) HISTORICAL AND REVISION NOTES Revised[Release Point 118-106]	usc54118-106.pdf
Section Source (U. S. Code) Source (Statutes at Large) 300307 16 U. S. C. 470w(13). Pub. L. 89-665, title III, §301(13), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3002; Pub. L. 102-575, title XL, §4019(a)(11), Oct. 30, 1992, 106 Stat. 4764. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3189. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300308 16 U. S. C. 470w(5). Pub. L. 89-665, title III, §301(5), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102-575, title XL, §4019(a)(4), Oct. 30, 1992, 106 Stat. 4764. The words "historic resource" are omitted so that a uniform term is used throughout this division. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3189. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300309 16 U. S. C. 470w(4). Pub. L. 89-665, title III, §301(4), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102-575, title XL, §4019(a)(3), Oct. 30, 1992, 106 Stat. 4763. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3189. )[Release Point 118-106]	usc54118-106.pdf
HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300310 16 U. S. C. 470w(3). Pub. L. 89-665, title III, §301(3), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001. The word "parish" is omitted as unnecessary because of 1 U. S. C. 2. §300311. National Register In this division, the term "National Register" means the National Register of Historic Places maintained under chapter 3021 of this title. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3189. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300311 16 U. S. C. 470w(6). Pub. L. 89-665, title III, §301(6), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3189. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300312 no source. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3190. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300313 16 U. S. C. 470w(17). Pub. L. 89-665, title III, §301(17), as added Pub. L. 102-575, title XL, §4019(a)(12), Oct. 30, 1992, 106 Stat. 4764. [Release Point 118-106]	usc54118-106.pdf
§300314. Native Hawaiian organization (a). —In this division, the term "Native Hawaiian organization" means any IN GENERAL 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). —In this division, the term "Native Hawaiian organization" includes the Office INCLUSIONS 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3190. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300314 16 U. S. C. 470w(18). Pub. L. 89-665, title III, §301(18), as added Pub. L. 102-575, title XL, §4019(a), Oct. 30, 1992, 106 Stat. 4764. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3190. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300315 16 U. S. C. 470w(8). Pub. L. 89-665, title III, §301(8), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102-575, title XL, §4019(a)(6), Oct. 30, 1992, 106 Stat. 4764. §300316. Secretary In this division, the term "Secretary" means the Secretary acting through the Director. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3190. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300316 16 U. S. C. 470w(11). Pub. L. 89-665, title III, §301(11), as[Release Point 118-106]	usc54118-106.pdf
added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102-575, title XL, §4019(a)(9), Oct. 30, 1992, 106 Stat. 4764. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3190. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300317 16 U. S. C. 470w(2). Pub. L. 89-665, title III, §301(2), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102-575, title XL, §4019(a)(2), Oct. 30, 1992, 106 Stat. 4763. §300318. State historic preservation review board In this division, the term "State historic preservation review board" means a board, council, commission, or other similar collegial body established as provided in section 302301(2) of this title— (1) the members of which are appointed by the State Historic Preservation Officer (unless otherwise provided for by State law); (2) a majority of the members of which are professionals qualified in history, prehistoric and historic archeology, architectural history, architecture, folklore, cultural anthropology, curation, conservation, landscape architecture, and related disciplines; and (3) that has the authority to— (A) review National Register nominations and appeals from nominations; (B) review appropriate documentation submitted in conjunction with the Historic Preservation Fund; (C) provide general advice and guidance to the State Historic Preservation Officer; and (D) perform such other duties as may be appropriate. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3190. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300318 16 U. S. C. 470w(12). Pub. L. 89-665, title III, §301(12), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102-575, title XL, §4019(a), Oct. 30,[Release Point 118-106]	usc54118-106.pdf
1992, 106 Stat. 4764; Pub. L. 106-208, §5(a)(10), May 26, 2000, 114 Stat. 319. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3191. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300319 16 U. S. C. 470w(14). Pub. L. 89-665, title III, §301(14), as added Pub. L. 102-575, title XL, §4019(a)(12), Oct. 30, 1992, 106 Stat. 4764. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3191. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 300320 16 U. S. C. 470w(7). Pub. L. 89-665, title III, §301(7), as added Pub. L. 96-515, title V, §501, Dec. 12, 1980, 94 Stat. 3001; Pub. L. 102-575, title XL, §4019(a)(5), Oct. 30, 1992, 106 Stat. 4764. §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). (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3191. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large)[Release Point 118-106]	usc54118-106.pdf
Review of threats to historic property. 302108. Regulations. 302107. Retention of name. 302106. Owner participation in nomination process. 302105. Nominations for inclusion on National Register. 302104. Criteria and regulations relating to National Register, National Historic Landmarks, and World Heritage List. 302103. Inclusion of properties on National Register. 302102. Maintenance by Secretary. 302101. Sec. 300321 no source. The words "the Trust Territory of the Pacific Islands. . . and, upon termination of the Trusteeship Agreement for the Trust Territories of the Pacific Islands" are omitted as obsolete. See note at 48 U. S. C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U. S. C. 1801 note), the Compact of Free Association between the Government of the United States of America and the Governments of the Marshall Islands and the Federated States of Micronesia (48 U. S. C. 1901 note), and the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U. S. C. 1931 note). SUBDIVISION 2—HISTORIC PRESERVATION PROGRAM CHAPTER 3021—NATIONAL REGISTER OF HISTORIC PLACES §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3191. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302101 16 U. S. C. 470a(a)(1)(A) (1st sentence). Pub. L. 89-665, title I, §101(a)(1)(A) (1st sentence), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2988. STATUTORY NOTES AND RELATED SUBSIDIARIES RECOVERY OF FEES FOR REVIEW SERVICES FOR HISTORIC PRESERVATION TAX[Release Point 118-106]	usc54118-106.pdf
CERTIFICATION Pub. L. 106-113, div. B, §1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A-142, provided in part: "That notwithstanding any other provision of law, the National Park Service may hereafter recover all fees derived from providing necessary review services associated with historic preservation tax certification, and such funds shall be available until expended without further appropriation for the costs of such review services". HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC BUILDING RESTORATION AND PRESERVATION Pub. L. 104-333, div. I, title V, §507, Nov. 12, 1996, 110 Stat. 4156, as amended by Pub. L. 108-7, div. F, title I, §150, Feb. 20, 2003, 117 Stat. 245; Pub. L. 116-9, title II, §2402, Mar. 12, 2019, 133 Stat. 747, provided that: "(a). —From the amounts made available to carry out the National AUTHORITY TO MAKE GRANTS Historic Preservation Act [see 54 U. S. C. 300101 et seq. ], the Secretary of the Interior shall make grants in accordance with this section to eligible historically black colleges and universities for the preservation and restoration of historic buildings and structures on the campus of these institutions. "(b). —Grants made under subsection (a) shall be subject to the condition that the GRANT CONDITIONS grantee covenants, for the period of time specified by the Secretary, that— "(1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and "(2) reasonable public access to the property with respect to which the grant is made will be permitted by the grantee for interpretive and educational purposes. "(c) MATCHING REQUIREMENT FOR BUILDINGS AND STRUCTURES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES. — "(1). —Except as provided by paragraphs (2) and (3), the Secretary may obligate funds IN GENERAL made available under this section for a grant with respect to a building or structure listed on, or eligible for listing on, the National Register of Historic Places 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 or greater than the grant. "(2). —The Secretary may waive paragraphs (1) and (3) with respect to a grant if the WAIVER Secretary determines from circumstances that an extreme emergency exists or that such a waiver is in the public interest to assure the preservation of historically significant resources. "(3). —The Secretary shall not obligate funds made available under subsection (d)(2) for EXCEPTION a grant with respect to a building or structure listed on, or eligible for listing on, the National Register of Historic Places unless the grantee agrees to provide, from funds derived from non-Federal sources, an amount that is equal to 30 percent of the total cost of the project for which the grant is provided. "(d) FUNDING PROVISION. — "(1). —Under section 108 of the National Historic Preservation Act [see 54 U. S. C. IN GENERAL 303101 to 303103], $29,000,000 shall be made available to carry out the purposes of this section. Of amounts made available pursuant to this section, $5,000,000 shall be available for grants to Fisk University, $2,500,000 shall be available for grants to Knoxville College, $2,000,000 shall be available for grants to Miles College, Alabama, $1,500,000 shall be available for grants to Talladega College, Alabama, $1,550,000 shall be available for grants to Selma University, Alabama, $250,000 shall be available for grants to Stillman College, Alabama, $200,000 shall be available for grants to Concordia College, Alabama, $2,900,000 shall be available for grants to Allen University, South Carolina, $1,000,000 shall be available for grants to Claflin College, South Carolina, $2,000,000 shall be available for grants to Voorhees College, South Carolina, $1,000,000 shall be available for grants to Rust College, Mississippi, and $3,000,000 shall be available for grants to Tougaloo College, Mississippi. "(2). —In addition to amounts made available under paragraph (1), there is ADDITIONAL FUNDING authorized to be appropriated from the Historic Preservation Fund to carry out this section $10,000,000 for each of fiscal years 2003 through 2008 and each of fiscal years 2019 through 2025. "(e). —The Secretary shall develop such guidelines as may be necessary to carry out this REGULATIONS section. "(f). —For the purposes of this section: DEFINITIONS "(1). —The term 'historically black colleges and universities' HISTORICALLY BLACK COLLEGES has the same meaning given the term 'part B institution' by section 322 of the Higher Education Act of 1965 (20 U. S. C. 1061). "(2). —The term 'historic building and structures' means HISTORIC BUILDING AND STRUCTURES a building or structure listed on, or eligible for listing on, the National Register of Historic Places or[Release Point 118-106]	usc54118-106.pdf
designated a National Historic Landmark. " RECOMMENDATIONS OF HISTORIC PROPERTIES FOR PRESERVATION Pub. L. 102-575, title XL, §4021, Oct. 30, 1992, 106 Stat. 4765, provided that: "The Secretary of the Interior, in consultation with the Advisory Council, shall seek to ensure that historic properties preserved under the National Historic Preservation Act [see 54 U. S. C. 300101 et seq. ] fully reflect the historical experience of this nation. " §302102. Inclusion of properties on National Register (a). —A property that meets the criteria for National Historic Landmarks IN GENERAL established pursuant to section 302103 of this title shall be designated as a National Historic Landmark and included on the National Register, subject to the requirements of section 302107 of this title. (b) 12, 1980. —All HISTORIC PROPERTY ON NATIONAL REGISTER ON DECEMBER 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) 6, 1979, HISTORIC PROPERTY LISTED IN FEDERAL REGISTER OF FEBRUARY OR 12, 1980,. —All historic PRIOR TO DECEMBER AS NATIONAL HISTORIC LANDMARKS 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3191. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302102 16 U. S. C. 470a(a)(1)(B). Pub. L. 89-665, title I, §101(a)(1)(B), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2988; Pub. L. 103-437, §6(d)(29), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104-333, div. I, title VIII, §814(d)(2)(F), Nov. 12, 1996, 110 Stat. 4196. In subsection (c), the words "had been established as of December 12, 1980" are substituted for "have been established" for clarity. §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—[Release Point 118-106]	usc54118-106.pdf
(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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3192. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302103 16 U. S. C. 470a(a)(2). Pub. L. 89-665, title I, §101(a)(2), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2988. The words "or revise" are omitted as being included in "establish" and "promulgate". §302104. Nominations for inclusion on National Register (a). —Subject to the requirements of section 302107 of this title, any NOMINATION BY STATE 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 (d). (b). —Subject to the requirements of NOMINATION BY PERSON OR LOCAL GOVERNMENT 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 (d). (c). —Subject to the requirements of section 302107 of NOMINATION BY FEDERAL AGENCY[Release Point 118-106]	usc54118-106.pdf
this title, the regulations promulgated under section 302103 of this title, and appeal under subsection (d) of this section, the Secretary may accept a nomination directly by a Federal agency for inclusion of property on the National Register only if— (1) completed nominations are sent to the State Historic Preservation Officer for review and comment regarding the adequacy of the nomination, the significance of the property and its eligibility for the National Register; (2) within 45 days of receiving the completed nomination, the State Historic Preservation Officer has made a recommendation regarding the nomination to the Federal Preservation Officer, except that failure to meet this deadline shall constitute a recommendation to not support the nomination; (3) the chief elected officials of the county (or equivalent governmental unit) and municipal political jurisdiction in which the property is located are notified and given 45 days in which to comment; (4) the Federal Preservation Officer forwards it to the Keeper of the National Register of Historic Places after determining that all procedural requirements have been met, including those in paragraphs (1) through (3) above; the nomination is adequately documented; the nomination is technically and professionally correct and sufficient; and may include an opinion as to whether the property meets the National Register criteria for evaluation; (5) notice is provided in the Federal Register that the nominated property is being considered for listing on the National Register that includes any comments and the recommendation of the State Historic Preservation Officer and a declaration whether the State Historic Preservation Officer has responded within the 45 day-period of review provided in paragraph (2); and (6) the Secretary addresses in the Federal Register any comments from the State Historic Preservation Officer that do not support the nomination of the property on the National Register before the property is included in the National Register. (d). —Any person or local government may appeal to the Secretary— APPEAL (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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3192; Pub. L. 114-289, title VIII, §802(b), Dec. 16, 2016, 130 Stat. 1494. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302104 16 U. S. C. 470a(a)(3) through (5). Pub. L. 89-665, title I, §101(a)(3) through (5), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2989. In subsection (c)(1), the word "historic" is omitted because a historic property already is eligible for inclusion on the National Register and would not have to be nominated for inclusion. In subsection (c)(2), the words "or refusal" are omitted as unnecessary. EDITORIAL NOTES AMENDMENTS[Release Point 118-106]	usc54118-106.pdf
2016—Subsecs. (a), (b). Pub. L. 114-289, §802(b)(1), substituted "subsection (d)" for "subsection (c)". Subsecs. (c), (d). Pub. L. 114-289, §802(b)(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). §302105. Owner participation in nomination process (a). —The Secretary shall promulgate regulations requiring that before any REGULATIONS 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. —If the owner of any privately owned DESIGNATED AS NATIONAL HISTORIC LANDMARK 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). —The Secretary shall review the nomination of the property REVIEW BY SECRETARY 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3193. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302105(a) 16 U. S. C. 470a(a)(6) (1st, last sentences). Pub. L. 89-665, title I, §101(a)(6), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2989. 302105(b) 16 U. S. C. 470a(a)(6) (2d sentence). 302105(c) 16 U. S. C. 470a(a)(6) (3d sentence). §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. [Release Point 118-106]	usc54118-106.pdf
(Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3193. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302106 16 U. S. C. 470a(a)(1)(A) (last sentence). Pub. L. 89-665, title I, §101(a)(1)(A) (last sentence), as added Pub. L. 106-113, div. B, §1000(a)(9) [title III, §3007], Nov. 29, 1999, 113 Stat. 1536, 1501A-551. §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3194. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302107 16 U. S. C. 470a(a)(7). Pub. L. 89-665, title I, §101(a)(7), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2990. In paragraph (3), the word "transfer" is substituted for "allocation" for consistency with section 302902(c)(4) of the new title. EDITORIAL NOTES REFERENCES IN TEXT The Archaeological Resources Protection Act of 1979, referred to in par. (1), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§470aa et seq. ) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 470aa of Title 16 and Tables. §302108. Review of threats to historic property[Release Point 118-106]	usc54118-106.pdf
Contracts and cooperative agreements. 302304. Responsibilities of State Historic Preservation Officer. 302303. Program evaluation. 302302. Regulations. 302301. Sec. 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3194. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302108 16 U. S. C. 470a(a)(8). Pub. L. 89-665, title I, §101(a)(8), as added Pub. L. 102-575, title XL, §4003, Oct. 30, 1992, 106 Stat. 4753. CHAPTER 3023—STATE HISTORIC PRESERVATION PROGRAMS §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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3194. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302301 16 U. S. C. 470a(b)(1). Pub. L. 89-665, title I, §101(b)(1), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12,[Release Point 118-106]	usc54118-106.pdf
1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2990. Before paragraph (1), the words "or revise" are omitted as unnecessary. In paragraph (1), the words "chief elected official" are substituted for "Governor" for clarity because the definition of "State" in section 300316 of the new title includes entities in which the chief elected official is not the Governor. §302302. Program evaluation (a). —Periodically, but not less than every 4 years WHEN EVALUATION SHOULD OCCCUR 1 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). —If, at any time, the Secretary determines that a major DISAPPROVAL OF PROGRAM 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). —The Secretary, in consultation with State Historic Preservation Officers, shall OVERSIGHT 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). —At the discretion of the SUBSTITUTION FOR COMPARABLE FEDERAL SYSTEMS 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). —The Secretary— FISCAL AUDITS AND REVIEW BY 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. (Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3195. ) HISTORICAL AND REVISION NOTES Revised Section Source (U. S. Code) Source (Statutes at Large) 302302 16 U. S. C. 470a(b)(2). Pub. L. 89-665, title I, §101(b)(2), Oct. 15, 1966, 80 Stat. 915; Pub. L. 91-383, §11, as added Pub. L. 94-458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 93-54, §1(d), July 1, 1973, 87 Stat. 139; Pub. L. 96-205, title VI, §608(a)(1), (2), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96-515, title II, §201(a), Dec. 12, 1980, 94[Release Point 118-106]	usc54118-106.pdf