TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS
This title was enacted by Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3094
Subtitle I—National Park System
DIVISION A—ESTABLISHMENT AND GENERAL ADMINISTRATION
DIVISION B—SYSTEM UNITS AND RELATED AREAS—RESERVED
DIVISION C—NATIONAL HERITAGE AREAS
Subtitle II—Outdoor Recreation Programs
Subtitle III—National Preservation Programs
DIVISION A—HISTORIC PRESERVATION
Subdivision 1—General Provisions
Subdivision 2—Historic Preservation Program
Subdivision 3—Advisory Council on Historic Preservation
Subdivision 4—Other Organizations and Programs
Subdivision 5—Federal Agency Historic Preservation Responsibilities
Subdivision 6—Miscellaneous
DIVISION B—ORGANIZATIONS AND PROGRAMS
Subdivision 1—Administered by National Park Service
Subdivision 2—Administered Jointly With National Park Service
Subdivision 3—Administered by Other Than National Park Service
DIVISION C—AMERICAN ANTIQUITIES
Editorial Notes
Amendments
2023—Pub. L. 117–339, §2(d), Jan. 5, 2023, 136 Stat. 6163, which directed amendment of the analysis for subtitle I of this title by adding item for division C and chapter 1201, was executed to this analysis to reflect the probable intent of Congress.
2022—Pub. L. 117–328, div. DD, title VI, §643(b), Dec. 29, 2022, 136 Stat. 5614, added item for chapter 3086.
2020—Pub. L. 116–152, §2(b), Aug. 4, 2020, 134 Stat. 685, which directed amendment of the analysis for subtitle II of this title by adding item for chapter 2004, was executed to this analysis to reflect the probable intent of Congress.
2019—Pub. L. 116–9, title II, §2407(b), Mar. 12, 2019, 133 Stat. 750, substituted "African American Civil Rights Network" for "U.S. Civil Rights Network" in item for chapter 3084.
2018—Pub. L. 115–104, §3(b), Jan. 8, 2018, 131 Stat. 2261, added item for chapter 3084.
2016—Pub. L. 114–289, title I, §101(b), title III, §301(b), Dec. 16, 2016, 130 Stat. 1484, 1487, added items for chapters 1008 and 1035.
Former United States Code Section | Disposition |
---|---|
16 U.S.C. 1 (1st sentence words before 1st comma) | 54 U.S.C. 100301 |
16 U.S.C. 1 (1st sentence words after 1st comma, 2d through 5th sentences) | 54 U.S.C. 100302 |
16 U.S.C. 1 (last sentence) | 54 U.S.C. 100101 |
16 U.S.C. 1a | Previously repealed. |
16 U.S.C. 1a–1 | 54 U.S.C. 100101 |
16 U.S.C. 1a–2 (matter before (a)) | 54 U.S.C. 100751, 100901, 100906, 101302, 101702, 101703, 102102 |
16 U.S.C. 1a–2(a) | 54 U.S.C. 101302 |
16 U.S.C. 1a–2(b) | 54 U.S.C. 101302 |
16 U.S.C. 1a–2(c) | 54 U.S.C. 100906 |
16 U.S.C. 1a–2(d) | 54 U.S.C. 101302 |
16 U.S.C. 1a–2(e) | 54 U.S.C. 100901 |
16 U.S.C. 1a–2(f) | 54 U.S.C. 100901 |
16 U.S.C. 1a–2(g) | 54 U.S.C. 101702 |
16 U.S.C. 1a–2(h) | 54 U.S.C. 100751 |
16 U.S.C. 1a–2(i) | 54 U.S.C. 101302 |
16 U.S.C. 1a–2(j) | 54 U.S.C. 101702 |
16 U.S.C. 1a–2(k) | 54 U.S.C. 102102 |
16 U.S.C. 1a–2(l ) | 54 U.S.C. 101703 |
16 U.S.C. 1a–3 | 54 U.S.C. 100754 |
16 U.S.C. 1a–4 | Repealed as obsolete. Provided that the uniform allowance for uniformed employees of the National Park Service may be up to $400 annually. Superseded by 5 U.S.C. 5901(a), which provides a uniform allowance of $400 for employees of each agency. |
16 U.S.C. 1a–5 | 54 U.S.C. 100507 |
16 U.S.C. 1a–6 | 54 U.S.C. 102701 |
16 U.S.C. 1a–7(a) | Repealed as obsolete. Required the Secretary of the Interior to transmit to the Committee on Energy and National Resources of the Senate and the Committee on Natural Resources of the House of Representatives a detailed program for the development of facilities, structures, or buildings for each unit of the National Park System consistent with general management plans. Repealed as obsolete because of the termination of the reporting requirement with respect to Congress, effective May 15, 2000. See section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (Pub. L. 104–66, 31 U.S.C. 1113 note) and page 110 of House Document No. 103–7. |
16 U.S.C. 1a–7(b) | 54 U.S.C. 100502 |
16 U.S.C. 1a–7a | 54 U.S.C. 102702 |
16 U.S.C. 1a–7b (relating to National Park System) | 54 U.S.C. 104906 |
16 U.S.C. 1a–7b (relating to National Wildlife Refuge System) | See §4(d) of bill. |
16 U.S.C. 1a–8(a) | 54 U.S.C. 101301 |
16 U.S.C. 1a–8(b) | Previously repealed. |
16 U.S.C. 1a–9 through 1a–11 | 54 U.S.C. 100505 |
16 U.S.C. 1a–12, 1a–13 | 54 U.S.C. 100506 |
16 U.S.C. 1a–14 | 54 U.S.C. 100906 |
16 U.S.C. 1b (matter before (1)) | 54 U.S.C. 100901, 101901, 102711 |
16 U.S.C. 1b(1) | 54 U.S.C. 102711 |
16 U.S.C. 1b(2) | 54 U.S.C. 100901 |
16 U.S.C. 1b(3) | Not repealed but omitted from the text of title 54. Provides for transportation of employees of Carlsbad Caverns National Park. |
16 U.S.C. 1b(4) | 54 U.S.C. 101901 |
16 U.S.C. 1b(5) through (8) | 54 U.S.C. 100901 |
16 U.S.C. 1c(a) | 54 U.S.C. 100501 |
16 U.S.C. 1c(b) | 54 U.S.C. 100755 |
16 U.S.C. 1d | 54 U.S.C. 103102 |
16 U.S.C. 1e | 54 U.S.C. 102302 |
16 U.S.C. 1f | 54 U.S.C. 101701 |
16 U.S.C. 1g | 54 U.S.C. 101702 |
16 U.S.C. 1h | 54 U.S.C. 103103 |
16 U.S.C. 1i | 54 U.S.C. 101704 |
16 U.S.C. 1j(a) through (c) | 54 U.S.C. 101702 |
16 U.S.C. 1j(d) | Repealed as unnecessary. Authorized to be appropriated sums necessary to carry out this section. |
16 U.S.C. 2 | 54 U.S.C. 100302 |
16 U.S.C. 3 (1st sentence words before "and any violation") | 54 U.S.C. 100751 |
16 U.S.C. 3 (1st sentence words after "National Park Service") | See §4(a)(1) of bill. |
16 U.S.C. 3 (2d sentence) | 54 U.S.C. 100753 |
16 U.S.C. 3 (3d sentence) | 54 U.S.C. 100752 |
16 U.S.C. 3 (last sentence) | 54 U.S.C. 102101 |
16 U.S.C. 3a | 54 U.S.C. 103104 |
16 U.S.C. 3b | Repealed as obsolete. Provided that privileges, leases, and permits granted by the Secretary to use land to accommodate park visitors could have provided for the maintenance and repair of Government improvements by the grantee. The grant authority was repealed in 1998. |
16 U.S.C. 4 | 54 U.S.C. 100303 |
16 U.S.C. 5 | 100902 |
16 U.S.C. 6 | 54 U.S.C. 101101 |
16 U.S.C. 6a | Previously repealed. |
16 U.S.C. 7 | Previously repealed. |
16 U.S.C. 7a through 7e | 54 U.S.C. 101501 |
16 U.S.C. 8 | 54 U.S.C. 101511 |
16 U.S.C. 8–1 | Previously repealed. |
16 U.S.C. 8a through 8c | 54 U.S.C. 101511 |
16 U.S.C. 8d | Repealed as unnecessary. National monuments are included in the term "System unit". |
16 U.S.C. 8e, 8f | 54 U.S.C. 101512 |
16 U.S.C. 9 | Previously repealed. |
16 U.S.C. 9a | Repealed as unnecessary. Under 16 U.S.C. 3 (1st sentence), restated as section 100751(a) of the new title, the Secretary of the Interior may make such regulations as the Secretary considers necessary or proper for the use and management of System units and a criminal penalty is provided for a violation of those regulations. |
16 U.S.C. 10 | Previously repealed. |
16 U.S.C. 10a | Previously repealed. |
16 U.S.C. 11 | 54 U.S.C. 101303 |
16 U.S.C. 12 | 54 U.S.C. 102712 |
16 U.S.C. 13 | 54 U.S.C. 101303 |
16 U.S.C. 14 | Previously repealed. |
16 U.S.C. 14a | Repealed as obsolete and unnecessary. Made appropriations available for the printing of cloth information and directional signs. |
16 U.S.C. 14b through 14e | 54 U.S.C. 103101 |
16 U.S.C. 15 | 54 U.S.C. 103101 |
16 U.S.C. 16 | 54 U.S.C. 104901 |
16 U.S.C. 17 | 54 U.S.C. 101304 |
16 U.S.C. 17a | Previously repealed. |
16 U.S.C. 17b | 54 U.S.C. 104902 |
16 U.S.C. 17b–1 | Previously repealed. |
16 U.S.C. 17c | 54 U.S.C. 102712 |
16 U.S.C. 17d | Repealed as obsolete. Provided that section 543 of former title 31 should not be construed to prohibit the acceptance of traveler's checks and other forms of money equivalent in payment of automobile license fees, etc. charged at national parks. Section 543 was repealed by section 5(b) of Public Law 97–258. |
16 U.S.C. 17e | 54 U.S.C. 104903 |
16 U.S.C. 17f through 17h | 54 U.S.C. 101304 |
16 U.S.C. 17i | 54 U.S.C. 104904 |
16 U.S.C. 17j | 54 U.S.C. 101305 |
16 U.S.C. 17j–1 | Repealed as obsolete. Provision relating to travel expenses for attendance of National Park Service field employees at authorized meetings was last enacted as section 1 (proviso in paragraph headed "General expenses" under heading "NATIONAL PARK SERVICE") of the Interior Department Appropriations Act, 1941 (ch. 395, 54 Stat. 445) and was not repeated in subsequent appropriation acts. |
16 U.S.C. 17j–2(a) | Not repealed but omitted from the text of title 54. Authorizes appropriations for necessary protection of various system units. |
16 U.S.C. 17j–2(b) through (g) | 54 U.S.C. 103102 |
16 U.S.C. 17j–2(h) | Not repealed but omitted from the text of title 54. Authorizes appropriations for acquisition of rights-of-way and maintenance of a water supply line outside the boundaries of Mesa Verde National Park. |
16 U.S.C. 17j–2(i), (j) | 54 U.S.C. 103102 |
16 U.S.C. 17k through 17n | 54 U.S.C. 100504 |
16 U.S.C. 17o (1) | Not repealed but omitted from the text of title 54. Provides purposes of this section. |
16 U.S.C. 17o (2) | 54 U.S.C. 101332 |
16 U.S.C. 17o (3) | 54 U.S.C. 101333 |
16 U.S.C. 17o (4) | Repealed as obsolete. Required that a report detailing the results of revisions of housing criteria be submitted to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 180 days after November 12, 1996. |
16 U.S.C. 17o (5) | Repealed as obsolete. Provided that the Secretary undertake a review of existing Government-owned housing provided to employees of the National Park Service. |
16 U.S.C. 17o (6) | 54 U.S.C. 101334 |
16 U.S.C. 17o (7), (8) | 54 U.S.C. 101335 |
16 U.S.C. 17o (9) | 54 U.S.C. 101332 |
16 U.S.C. 17o (10) | 54 U.S.C. 101336 |
16 U.S.C. 17o (11) | 54 U.S.C. 101337 |
16 U.S.C. 17o (12) | 54 U.S.C. 101339 |
16 U.S.C. 17o (13), (14) | 54 U.S.C. 101340 |
16 U.S.C. 17o (15) | Repealed as obsolete. Provided that within 12 months after November 12, 1996, the Secretary shall conduct a study to determine the feasibility of providing eligible employees of the National Park Service with housing allowances rather than Government housing. |
16 U.S.C. 17o (16) | Repealed as obsolete. Provided that within 18 months after November 12, 1996, the Secretary complete a study of the sale of Government quarters to a cooperative consisting of field employees. |
16 U.S.C. 17o (17)(A), (B) | 54 U.S.C. 101332 |
16 U.S.C. 17o (17)(C) | 54 U.S.C. 101338 |
16 U.S.C. 17o (18) | 54 U.S.C. 101338 |
16 U.S.C. 17o (19) | 54 U.S.C. 101331 |
16 U.S.C. 18 | Transfer to 15 U.S.C. 1544 |
16 U.S.C. 18a | Transfer to 15 U.S.C. 1545 |
16 U.S.C. 18b | Transfer to 15 U.S.C. 1546 |
16 U.S.C. 18c | Transfer to 15 U.S.C. 1547 |
16 U.S.C. 18d | Transfer to 15 U.S.C. 1548 |
16 U.S.C. 18e | Previously repealed. |
16 U.S.C. 18f (1st sentence) | 54 U.S.C. 102501 |
16 U.S.C. 18f (less 1st sentence) | 54 U.S.C. 102503 |
16 U.S.C. 18f–1 | Not repealed but omitted from text of title 54. Provides that the Secretary may exercise the authorities granted in 16 U.S.C. 18f in administration of the Department of the Interior Museum and may dispose of unnecessary or duplicate museum objects. |
16 U.S.C. 18f–2(a) | 54 U.S.C. 102503 |
16 U.S.C. 18f–2(b) | 54 U.S.C. 102504 |
16 U.S.C. 18f–3(a) | Repealed as obsolete. Provided that authorities were available to the Secretary with regard to museum objects and collections under the administrative jurisdiction of the Secretary before November 12, 1996, as well as those acquired on or after November 12, 1996. |
16 U.S.C. 18f–3(b) | 54 U.S.C. 102502 |
16 U.S.C. 18g through 18j | 54 U.S.C. 102301 |
16 U.S.C. 19 through 19c | Previously repealed. |
16 U.S.C. 19d | Previously repealed. |
16 U.S.C. 19e | 54 U.S.C. 101111 |
16 U.S.C. 19f | 54 U.S.C. 101112 |
16 U.S.C. 19g | 54 U.S.C. 101113 |
16 U.S.C. 19h | 54 U.S.C. 101114 |
16 U.S.C. 19i | 54 U.S.C. 101115 |
16 U.S.C. 19j | 54 U.S.C. 101116 |
16 U.S.C. 19k | 54 U.S.C. 101117 |
16 U.S.C. 19l | 54 U.S.C. 101118 |
16 U.S.C. 19m | 54 U.S.C. 101119 |
16 U.S.C. 19n | Repealed as obsolete. Required the National Park Foundation to transmit to Congress an annual report of its proceedings and activities. Repealed as obsolete because of the termination of the reporting requirement with respect to Congress, effective May 15, 2000. See section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (Pub. L. 104–66, 31 U.S.C. 1113 note) and page 204 of House Document No. 103–7. |
16 U.S.C. 19o | 54 U.S.C. 101120 |
16 U.S.C. 19aa through 19gg | Previously repealed. |
16 U.S.C. 19jj | 54 U.S.C. 100721 |
16 U.S.C. 19jj–1 | 54 U.S.C. 100722 |
16 U.S.C. 19jj–2 | 54 U.S.C. 100723 |
16 U.S.C. 19jj–3 | 54 U.S.C. 100724 |
16 U.S.C. 19jj–4 | 54 U.S.C. 100725 |
16 U.S.C. 20 through 20g | Previously repealed. |
16 U.S.C. 79 | 54 U.S.C. 100902 |
16 U.S.C. 411 | 54 U.S.C. 103301 |
16 U.S.C. 412 | 54 U.S.C. 103302 |
16 U.S.C. 413 | See §4(a)(1) of bill. |
16 U.S.C. 414 | See §4(a)(1) of bill. |
16 U.S.C. 415 | Previously repealed. |
16 U.S.C. 416 | 54 U.S.C. 103304 |
16 U.S.C. 417 | Repealed as obsolete. Authorized acceptance of donations of land for road or other purposes. It is considered obsolete by the Judge Advocate General. See J.A.G. 601.1, June 27, 1935. |
16 U.S.C. 418 | Previously repealed. |
16 U.S.C. 419 | Previously transferred to 16 U.S.C. 79. |
16 U.S.C. 420 | Not repealed but omitted from the text of title 54. |
16 U.S.C. 421 | 54 U.S.C. 103303 |
16 U.S.C. 431 | 54 U.S.C. 320301 |
16 U.S.C. 431a | 54 U.S.C. 320301 |
16 U.S.C. 432 (1st sentence) | 54 U.S.C. 320302 |
16 U.S.C. 432 (last sentence) | 54 U.S.C. 320303 |
16 U.S.C. 433 | See §4(a)(1) of bill. |
16 U.S.C. 451 | Previously repealed. |
16 U.S.C. 451a | 54 U.S.C. 104907 |
16 U.S.C. 452 | Repealed as unnecessary. Provided that all revenues of the national parks be covered into the Treasury to the credit of miscellaneous receipts. Unnecessary because 31 U.S.C. 3302(b) provides that an official or agent of the Government receiving money for the Government shall deposit the money in the Treasury. |
16 U.S.C. 452a | 54 U.S.C. 101102 |
16 U.S.C. 453 | Not repealed but omitted from the text of title 54. Provides for the acceptance for park purposes of land and rights-of-way near or adjacent to the Government national forest in western North Carolina. |
16 U.S.C. 454 | Previously repealed. |
16 U.S.C. 455 through 455c | 54 U.S.C. 103306 |
16 U.S.C. 456 | Repealed as unnecessary because appropriations made for the administration, protection, and maintenance of national parks and national monuments include the authority that the appropriations shall be available for the expense of depositing public money, as required under 31 U.S.C. 3302(b). |
16 U.S.C. 456a | 54 U.S.C. 103101 |
16 U.S.C. 457 | See §4(b)(1) of bill. |
16 U.S.C. 458 | 54 U.S.C. 103305 |
16 U.S.C. 458a | 54 U.S.C. 104908 |
16 U.S.C. 460l | 54 U.S.C. 200101 |
16 U.S.C. 460l–1 | 54 U.S.C. 200103 |
16 U.S.C. 460l–2 | 54 U.S.C. 200104 |
16 U.S.C. 460l–3 | 54 U.S.C. 200102 |
16 U.S.C. 460l–4 | Not repealed but omitted from the text of title 54. Provides purposes of this part. |
16 U.S.C. 460l–5 | 54 U.S.C. 200302 |
16 U.S.C. 460l–5a | Previously repealed. |
16 U.S.C. 460l–6 | 54 U.S.C. 200303 |
16 U.S.C. 460l–6a(a) through (g) | Previously repealed. |
16 U.S.C. 460l–6a(h) | Previously repealed. |
16 U.S.C. 460l–6a(i)(1)(A), (B) | Previously repealed. |
16 U.S.C. 460l–6a(i)(1)(C) | 54 U.S.C. 100904 |
16 U.S.C. 460l–6a(i)(2) through (4) | Previously repealed. |
16 U.S.C. 460l–6a(j) through (n) | 54 U.S.C. 100904 |
16 U.S.C. 460l–6b | Previously repealed. |
16 U.S.C. 460l–6c | Outside scope of this codification. Authorizes the Secretary of Agriculture to charge admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary and recreation fees at land administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities. |
16 U.S.C. 460l–6d (relating to the National Park Service) | 54 U.S.C. 100905 |
16 U.S.C. 460l–6d (less National Park Service) | See §4(c) of bill. |
16 U.S.C. 460l–7 | 54 U.S.C. 200304 |
16 U.S.C. 460l–8(b)(5) (last sentence) | 54 U.S.C. 200301 |
16 U.S.C. 460l–8 (less (b)(5) (last sentence)) | 54 U.S.C. 200305 |
16 U.S.C. 460l–9(a), (b) | 54 U.S.C. 200306 |
16 U.S.C. 460l–9(c) | 54 U.S.C. 100506 |
16 U.S.C. 460l–10 | 54 U.S.C. 200307 |
16 U.S.C. 460l–10a | 54 U.S.C. 200308 |
16 U.S.C. 460l–10b | 54 U.S.C. 200309 |
16 U.S.C. 460l–10c | Repealed as obsolete. Repealed provisions of law that prohibited collection of recreation fees or user charges or that restricted the expenditure of funds if the fees or charges were collected. |
16 U.S.C. 460l–10d | Repealed as obsolete. Required the Secretary, within 1 year after September 28, 1976, to submit a report to the Committees on Interior and Insular Affairs of the Senate and House of Representatives on the needs, problems, and opportunities associated with urban recreation in highly populated areas. |
16 U.S.C. 460l–10e | Repealed as obsolete. Created an advisory committee to review the opportunities for enhanced opportunities for water-based recreation, which was to submit a report to the President, the Committee on Energy and Natural Resources of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Resources of the House of Representatives within 1 year from November 12, 1996. |
16 U.S.C. 460l–11 | 54 U.S.C. 200310 |
16 U.S.C. 460l–22(a), (b) | 54 U.S.C. 102901 |
16 U.S.C. 460l–22(c) | 54 U.S.C. 100903 |
16 U.S.C. 460l–22(d) | 54 U.S.C. 102901 |
16 U.S.C. 461 | 54 U.S.C. 320101 |
16 U.S.C. 462(a) through (k) (1st sentence) | 54 U.S.C. 320102 |
16 U.S.C. 462(k) (last sentence) | See §4(a)(1) of bill. |
16 U.S.C. 463(a) through (f) | 54 U.S.C. 102303 |
16 U.S.C. 463(g) | 54 U.S.C. 102304 |
16 U.S.C. 464 | 54 U.S.C. 320103 |
16 U.S.C. 465 | 54 U.S.C. 320104 |
16 U.S.C. 466(a) | 54 U.S.C. 320106 |
16 U.S.C. 466(b) | Repealed as obsolete. Provided that nothing in 16 U.S.C. 466 prohibited or limited the expenditure or obligation of funds appropriated prior to January 1, 1993. |
16 U.S.C. 466(c) | Repealed as unnecessary. Authorized to be appropriated sums necessary to carry out sections 461 to 467. |
16 U.S.C. 467 | Repealed as obsolete and unnecessary. Provided that the provisions of 16 U.S.C. 461 to 467 control if there is a conflict with another Act. The section only applied to laws enacted before August 21, 1935. In addition, it is a general rule that a later enacted law controls if there is a conflict. |
16 U.S.C. 467a, 467a–1 | Previously repealed. |
16 U.S.C. 467b(a) through (c) | 54 U.S.C. 309101 |
16 U.S.C. 467b(d) | Repealed as unnecessary. Authorized to be appropriated sums necessary to carry out this section. |
16 U.S.C. 468 | 54 U.S.C. 312102 |
16 U.S.C. 468a | 54 U.S.C. 312103 |
16 U.S.C. 468b | 54 U.S.C. 312104 |
16 U.S.C. 468c | 54 U.S.C. 312105 |
16 U.S.C. 468d | 54 U.S.C. 312106. |
16 U.S.C. 468e | Previously repealed. |
16 U.S.C. 469 | Not repealed but omitted from the text of title 54. Provides purpose of 16 U.S.C. 469 to 469c–1. |
16 U.S.C. 469a | 54 U.S.C. 312505 |
16 U.S.C. 469a–1 | 54 U.S.C. 312502 |
16 U.S.C. 469a–2 | 54 U.S.C. 312503 |
16 U.S.C. 469a–3 | 54 U.S.C. 312504 |
16 U.S.C. 469b | 54 U.S.C. 312506 |
16 U.S.C. 469c | 54 U.S.C. 312507 |
16 U.S.C. 469c–1 | 54 U.S.C. 312501 |
16 U.S.C. 469c–2 | 54 U.S.C. 312508 |
16 U.S.C. 469j(a) | 54 U.S.C. 312302 |
16 U.S.C. 469j(b) | 54 U.S.C. 312303 |
16 U.S.C. 469j(c) | 54 U.S.C. 312304 |
16 U.S.C. 469j(d) through (f) | 54 U.S.C. 312303 |
16 U.S.C. 469j(g) | 54 U.S.C. 312304 |
16 U.S.C. 469j(h) | 54 U.S.C. 312305 |
16 U.S.C. 469k | Previously repealed. |
16 U.S.C. 469k–1(a) | Not repealed but omitted from the text of title 54. Provides purpose of this section. |
16 U.S.C. 469k–1(b) | 54 U.S.C. 308102 |
16 U.S.C. 469k–1(c)(1)(A) through (C) | 54 U.S.C. 308103 |
16 U.S.C. 469k–1(c)(1)(D) | 54 U.S.C. 308101 |
16 U.S.C. 469k–1(c)(2) through (6) | 54 U.S.C. 308103 |
16 U.S.C. 469l (a) | Not repealed but omitted from the text of title 54. Provides findings for 16 U.S.C. 469l to 469l–3. |
16 U.S.C. 469l (b) | Not repealed but omitted from the text of title 54. Provides purposes of 16 U.S.C. 469l to 469l–3. |
16 U.S.C. 469l–1 | 54 U.S.C. 308302 |
16 U.S.C. 469l–2 | 54 U.S.C. 308303 |
16 U.S.C. 469l–3 | 54 U.S.C. 308304 |
16 U.S.C. 469m(a) | Outside the scope of this codification. Section 7111(a) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11, 123 Stat. 1199), which established the Votes for Women's History Trail Route, is classified to 16 U.S.C. 410ll–1. |
16 U.S.C. 469m(b) | 54 U.S.C. 308501 |
16 U.S.C. 469m(c) | 54 U.S.C. 308502 |
16 U.S.C. 469n(a) | Not repealed but omitted from the text of title 54. Provides purpose of this section. |
16 U.S.C. 469n(b) | 54 U.S.C. 311101 |
16 U.S.C. 469n(c) | 54 U.S.C. 311102 |
16 U.S.C. 469n(d) | 54 U.S.C. 311103 |
16 U.S.C. 469n(e) | 54 U.S.C. 311104 |
16 U.S.C. 469n(f) | 54 U.S.C. 311105 |
16 U.S.C. 469o (a) | 54 U.S.C. 308902 |
16 U.S.C. 469o (b) | 54 U.S.C. 308901 |
16 U.S.C. 469o (c)(1) | 54 U.S.C. 308902 |
16 U.S.C. 469o (c)(2) through (7) | 54 U.S.C. 308903 |
16 U.S.C. 469o (d) | 54 U.S.C. 308904 |
16 U.S.C. 469o (e) | 54 U.S.C. 308905 |
16 U.S.C. 470(a) | Not repealed but omitted from the text of title 54. Provides short title of this subchapter. |
16 U.S.C. 470(b) | Not repealed but omitted from the text of title 54. Provides findings for this subchapter. |
16 U.S.C. 470–1 | 54 U.S.C. 300101 |
16 U.S.C. 470a(a)(1)(A) (1st sentence) | 54 U.S.C. 302101 |
16 U.S.C. 470a(a)(1)(A) (last sentence) | 54 U.S.C. 302106 |
16 U.S.C. 470a(a)(1)(B) | 54 U.S.C. 302102 |
16 U.S.C. 470a(a)(2) | 54 U.S.C. 302103 |
16 U.S.C. 470a(a)(3) through (5) | 54 U.S.C. 302104 |
16 U.S.C. 470a(a)(6) | 54 U.S.C. 302105 |
16 U.S.C. 470a(a)(7) | 54 U.S.C. 302107 |
16 U.S.C. 470a(a)(8) | 54 U.S.C. 302108 |
16 U.S.C. 470a(b)(1) | 54 U.S.C. 302301 |
16 U.S.C. 470a(b)(2) | 54 U.S.C. 302302 |
16 U.S.C. 470a(b)(3) | 54 U.S.C. 302303 |
16 U.S.C. 470a(b)(4) | 54 U.S.C. 302304 |
16 U.S.C. 470a(b)(5) | Repealed as obsolete. Provided that any State historic preservation program in effect under prior authority of law could be treated as an approved program for purposes of 16 U.S.C. 470a(b) until the earlier of the date on which the Secretary approved a program submitted by the State under 16 U.S.C. 470a(b) or 3 years after December 12, 1992. |
16 U.S.C. 470a(b)(6) | 54 U.S.C. 302304 |
16 U.S.C. 470a(c)(1) (1st sentence) | 54 U.S.C. 302502 |
16 U.S.C. 470a(c)(1) (2d, last sentences) | 54 U.S.C. 302503 |
16 U.S.C. 470a(c)(2) | 54 U.S.C. 302504 |
16 U.S.C. 470a(c)(3) | 54 U.S.C. 302505 |
16 U.S.C. 470a(c)(4) | 54 U.S.C. 302501 |
16 U.S.C. 470a(d)(1) | 54 U.S.C. 302701 |
16 U.S.C. 470a(d)(2) | 54 U.S.C. 302702 |
16 U.S.C. 470a(d)(3) | 54 U.S.C. 302703 |
16 U.S.C. 470a(d)(4) | 54 U.S.C. 302704 |
16 U.S.C. 470a(d)(5) | 54 U.S.C. 302705 |
16 U.S.C. 470a(d)(6) | 54 U.S.C. 302706 |
16 U.S.C. 470a(e)(1) | 54 U.S.C. 302902 |
16 U.S.C. 470a(e)(2) | 54 U.S.C. 302903 |
16 U.S.C. 470a(e)(3)(A) | 54 U.S.C. 302904 |
16 U.S.C. 470a(e)(3)(B) | 54 U.S.C. 302906 |
16 U.S.C. 470a(e)(3)(C) | 54 U.S.C. 302904 |
16 U.S.C. 470a(e)(4) | 54 U.S.C. 302905 |
16 U.S.C. 470a(e)(5) | 54 U.S.C. 302907 |
16 U.S.C. 470a(e)(6) | 54 U.S.C. 302908 |
16 U.S.C. 470a(f) | 54 U.S.C. 302909 |
16 U.S.C. 470a(g), (h) | 54 U.S.C. 306101 |
16 U.S.C. 470a(i) | 54 U.S.C. 303902 |
16 U.S.C. 470a(j) | 54 U.S.C. 303903 |
16 U.S.C. 470a–1 | 54 U.S.C. 307101 |
16 U.S.C. 470a–2 | 54 U.S.C. 307101 |
16 U.S.C. 470b(a) (1st sentence paragraph (1)) | 54 U.S.C. 302901 |
16 U.S.C. 470b(a) (1st sentence paragraphs (2) through (6)) | 54 U.S.C. 302902 |
16 U.S.C. 470b(a) (2d sentence) | 54 U.S.C. 302902 |
16 U.S.C. 470b(a) (last sentence) | 54 U.S.C. 302901 |
16 U.S.C. 470b(b) | 54 U.S.C. 302902 |
16 U.S.C. 470b(c) | Previously repealed. |
16 U.S.C. 470b(d) (relating to remaining cost of project) | 54 U.S.C. 302902 |
16 U.S.C. 470b(d) (relating to availability) | 54 U.S.C. 302901 |
16 U.S.C. 470b(e) | 54 U.S.C. 302902 |
16 U.S.C. 470b–1 | 54 U.S.C. 302903 |
16 U.S.C. 470c | 54 U.S.C. 302902 |
16 U.S.C. 470d | 54 U.S.C. 303901 |
16 U.S.C. 470e | 54 U.S.C. 302910 |
16 U.S.C. 470f | 54 U.S.C. 306108 |
16 U.S.C. 470g | 54 U.S.C. 307104 |
16 U.S.C. 470h (1st paragraph) | 54 U.S.C. 303101 |
16 U.S.C. 470h (last paragraph 1st sentence) | 54 U.S.C. 303102 |
16 U.S.C. 470h (last paragraph last sentence) | 54 U.S.C. 303103 |
16 U.S.C. 470h–1 | 54 U.S.C. 307108 |
16 U.S.C. 470h–2(a)(1) | 54 U.S.C. 306101 |
16 U.S.C. 470h–2(a)(2) | 54 U.S.C. 306102 |
16 U.S.C. 470h–2(b) | 54 U.S.C. 306103 |
16 U.S.C. 470h–2(c) | 54 U.S.C. 306104 |
16 U.S.C. 470h–2(d) | 54 U.S.C. 306105 |
16 U.S.C. 470h–2(e) | 54 U.S.C. 306106 |
16 U.S.C. 470h–2(f) | 54 U.S.C. 306107 |
16 U.S.C. 470h–2(g) | 54 U.S.C. 306109 |
16 U.S.C. 470h–2(h) | 54 U.S.C. 306110 |
16 U.S.C. 470h–2(i) | 54 U.S.C. 306111 |
16 U.S.C. 470h–2(j) | 54 U.S.C. 306112 |
16 U.S.C. 470h–2(k) | 54 U.S.C. 306113 |
16 U.S.C. 470h–2(l ) | 54 U.S.C. 306114 |
16 U.S.C. 470h–3(a), (b) | 54 U.S.C. 306121 |
16 U.S.C. 470h–3(c) | 54 U.S.C. 306122 |
16 U.S.C. 470h–4 | 54 U.S.C. 306131 |
16 U.S.C. 470h–5 | Repealed as obsolete. Provided that the Secretary study the suitability and feasibility of alternatives for controlling illegal interstate and international traffic in antiquities and not later than 18 months after October 30, 1992, submit to Congress a report detailing the Secretary's findings and recommendations from the study. |
16 U.S.C. 470i | 54 U.S.C. 304101 |
16 U.S.C. 470j | 54 U.S.C. 304102 |
16 U.S.C. 470k | 54 U.S.C. 304103 |
16 U.S.C. 470l | 54 U.S.C. 304104 |
16 U.S.C. 470m | 54 U.S.C. 304105 |
16 U.S.C. 470n | 54 U.S.C. 304106 |
16 U.S.C. 470o | Repealed as obsolete. Provided that personnel, property, records, and unexpended balances of funds be transferred by the Department of the Interior to the Advisory Council on Historic Preservation within 60 days of the effective date of Public Law 94–422, which was approved on September 28, 1976. |
16 U.S.C. 470p | 54 U.S.C. 304105 |
16 U.S.C. 470q | 54 U.S.C. 304105 |
16 U.S.C. 470r | 54 U.S.C. 304107 |
16 U.S.C. 470s | 54 U.S.C. 304108 |
16 U.S.C. 470t(a) (1st sentence) | 54 U.S.C. 304109 |
16 U.S.C. 470t(a) (last sentence) | Repealed as unnecessary. Authorized to be appropriated amounts necessary to carry out this part. |
16 U.S.C. 470t(b) | 54 U.S.C. 304109 |
16 U.S.C. 470u | 54 U.S.C. 304110 |
16 U.S.C. 470v | 54 U.S.C. 304108 |
16 U.S.C. 470v–1 | 54 U.S.C. 304111 |
16 U.S.C. 470v–2 | 54 U.S.C. 304112 |
16 U.S.C. 470w(1) | 54 U.S.C. 300301 |
16 U.S.C. 470w(2) | 54 U.S.C. 300317 |
16 U.S.C. 470w(3) | 54 U.S.C. 300310 |
16 U.S.C. 470w(4) | 54 U.S.C. 300309 |
16 U.S.C. 470w(5) | 54 U.S.C. 300308 |
16 U.S.C. 470w(6) | 54 U.S.C. 300311 |
16 U.S.C. 470w(7) | 54 U.S.C. 300320 |
16 U.S.C. 470w(8) | 54 U.S.C. 300315 |
16 U.S.C. 470w(9) | 54 U.S.C. 300304 |
16 U.S.C. 470w(10) | 54 U.S.C. 300305 |
16 U.S.C. 470w(11) | 54 U.S.C. 300316 |
16 U.S.C. 470w(12) | 54 U.S.C. 300318 |
16 U.S.C. 470w(13) | 54 U.S.C. 300307 |
16 U.S.C. 470w(14) | 54 U.S.C. 300319 |
16 U.S.C. 470w(15) | 54 U.S.C. 300302 |
16 U.S.C. 470w(16) | 54 U.S.C. 300303 |
16 U.S.C. 470w(17) | 54 U.S.C. 300313 |
16 U.S.C. 470w(18) | 54 U.S.C. 300314 |
16 U.S.C. 470w–1 | 54 U.S.C. 307106 |
16 U.S.C. 470w–2 | 54 U.S.C. 307107 |
16 U.S.C. 470w–3 | 54 U.S.C. 307103 |
16 U.S.C. 470w–4 | 54 U.S.C. 307105 |
16 U.S.C. 470w–5(a) (1st sentence) | 54 U.S.C. 305502 |
16 U.S.C. 470w–5(a) (last sentence) | 54 U.S.C. 305503 |
16 U.S.C. 470w–5(b) | 54 U.S.C. 305502 |
16 U.S.C. 470w–5(c) | 54 U.S.C. 305504 |
16 U.S.C. 470w–5(d) | Repealed as obsolete. Provided for the renovation of the site on which the National Museum for the Building Arts is located. |
16 U.S.C. 470w–5(e) | 54 U.S.C. 305505 |
16 U.S.C. 470w–5(f) | 54 U.S.C. 305501 |
16 U.S.C. 470w–6 | 54 U.S.C. 307102 |
16 U.S.C. 470w–7(a) | 54 U.S.C. 305102 |
16 U.S.C. 470w–7(b) | 54 U.S.C. 305103 |
16 U.S.C. 470w–7(c) | 54 U.S.C. 305104 |
16 U.S.C. 470w–7(d) | 54 U.S.C. 305105 |
16 U.S.C. 470w–7(e) | 54 U.S.C. 305101 |
16 U.S.C. 470w–8 | 54 U.S.C. 305106 |
16 U.S.C. 470x | Not repealed but omitted from the text of title 54. Provides findings for this part. |
16 U.S.C. 470x–1 | 54 U.S.C. 305301 |
16 U.S.C. 470x–2 | 54 U.S.C. 305302 |
16 U.S.C. 470x–3 | 54 U.S.C. 305303 |
16 U.S.C. 470x–4 | 54 U.S.C. 305304 |
16 U.S.C. 470x–5 | 54 U.S.C. 305305 |
16 U.S.C. 470x–6 | 54 U.S.C. 305306 |
16 U.S.C. 523 | Not repealed but omitted from the text of title 54. |
16 U.S.C. 1901 | 54 U.S.C. 100731 |
16 U.S.C. 1902 | 54 U.S.C. 100732 |
16 U.S.C. 1903 | Repealed as obsolete. Provided for a 4-year cessation of certain mining operations within the boundaries of Death Valley National Monument, Mount McKinley National Park, and Organ Pipe Cactus National Monument, subject to exceptions. |
16 U.S.C. 1904 | Repealed as obsolete. Provided for the inapplicability of requirements for annual expenditures on mining claims to mining operations during the 4-year period under 16 U.S.C. 1903. |
16 U.S.C. 1905 | Repealed as obsolete. Provided that within 2 years the Secretary of the Interior determine the validity of unpatented mining claims within Glacier Bay National Monument, Death Valley and Organ Pipe Cactus National Monuments, and Mount McKinley National Park, submit to Congress recommendations for acquisition of valid claims, and study and submit to Congress recommendations for modifications of the existing boundaries of Death Valley National Monument and Glacier Bay National Monument. |
16 U.S.C. 1906 | Repealed as obsolete. Provided that within 4 years the Secretary determine the validity of unpatented mining claims within Crater Lake National Park, Coronado National Memorial, and Glacier Bay National Monument and submit to Congress recommendations for acquisition of valid claims. |
16 U.S.C. 1907 | 54 U.S.C. 100733 |
16 U.S.C. 1908(a) | 54 U.S.C. 100734 |
16 U.S.C. 1908(b) | Repealed as obsolete. Provided that within 2 years the Advisory Council on Historic Preservation report to Congress on effects of surface mining activities on natural and historical landmarks, including recommendations for protective legislation. |
16 U.S.C. 1909 | Repealed as unnecessary. Provisions are severable unless otherwise stated. |
16 U.S.C. 1910 | 54 U.S.C. 100735 |
16 U.S.C. 1911 | 54 U.S.C. 100736 |
16 U.S.C. 1912(a) through (c) | 54 U.S.C. 100737 |
16 U.S.C. 1912(d) | See §4(a)(1) of bill. |
16 U.S.C. 2301 | Not repealed but omitted from the text of title 54. Provides findings for and purposes of this chapter. |
16 U.S.C. 2302 | 54 U.S.C. 101521 |
16 U.S.C. 2303 | 54 U.S.C. 101522 |
16 U.S.C. 2304 | 54 U.S.C. 101523 |
16 U.S.C. 2305 | Repealed as obsolete. Required the Secretary to submit to Congress, within 3 years after August 15, 1978, a report on the preservation of natural resource values within units of the National Park System through access alternatives and on transportation projects for units of the System. |
16 U.S.C. 2306 | Repealed as obsolete. Authorized appropriations for fiscal years 1979 to 1981. |
16 U.S.C. 2501 | Not repealed but omitted from the text of title 54. Provides findings for this chapter. |
16 U.S.C. 2502 | Not repealed but omitted from the text of title 54. Provides purpose of this chapter. |
16 U.S.C. 2503 | 54 U.S.C. 200501 |
16 U.S.C. 2504 | 54 U.S.C. 200502 |
16 U.S.C. 2505 | 54 U.S.C. 200503 |
16 U.S.C. 2506 | 54 U.S.C. 200504 |
16 U.S.C. 2507 | 54 U.S.C. 200505 |
16 U.S.C. 2508 | 54 U.S.C. 200506 |
16 U.S.C. 2509 | 54 U.S.C. 200507 |
16 U.S.C. 2510 | 54 U.S.C. 200508 |
16 U.S.C. 2511 | 54 U.S.C. 200509 |
16 U.S.C. 2512(a) (1st paragraph) | 54 U.S.C. 200511 |
16 U.S.C. 2512(a) (last paragraph) | 54 U.S.C. 200510 |
16 U.S.C. 2512(b) | 54 U.S.C. 200511 |
16 U.S.C. 2513 | 54 U.S.C. 200511 |
16 U.S.C. 2514 | Repealed as obsolete. Provided that within 90 days of the expiration of this authority, the Secretary report to Congress on the overall impact of the program. The program originally was to run for 5 years and be a short-term project but the limitations were removed in 1994. |
16 U.S.C. 5401 | Not repealed but omitted from the text of title 54. Provides findings for the National Maritime Heritage Act of 1994 (Pub. L. 103–451, 108 Stat. 4769). |
16 U.S.C. 5402 | 54 U.S.C. 308701 |
16 U.S.C. 5403 | 54 U.S.C. 308703 |
16 U.S.C. 5404 | Repealed as obsolete. Established a National Maritime Heritage Grants Advisory Committee. The Committee terminated on September 30, 2000. |
16 U.S.C. 5405 | 54 U.S.C. 308704 |
16 U.S.C. 5406 | 54 U.S.C. 308702 |
16 U.S.C. 5407 | 54 U.S.C. 308706 |
16 U.S.C. 5408 | 54 U.S.C. 308707 |
16 U.S.C. 5409 | 54 U.S.C. 308705 |
16 U.S.C. 5901 | Repealed as unnecessary. Provided definition of "Secretary". Unnecessary because of the definition of "Secretary" in section 100102 of the new title. |
16 U.S.C. 5911 | 54 U.S.C. 100701 |
16 U.S.C. 5912 | 54 U.S.C. 101321 |
16 U.S.C. 5913 | 54 U.S.C. 101322 |
16 U.S.C. 5914 | 54 U.S.C. 100503 |
16 U.S.C. 5931 | Not repealed but omitted from the text of title 54. Provides purposes of this subchapter. |
16 U.S.C. 5932 | 54 U.S.C. 100702 |
16 U.S.C. 5933(a) | 54 U.S.C. 100703 |
16 U.S.C. 5953(b) | Repealed as obsolete. Provided that within one year after November 13, 1998, the Secretary report on progress in the establishment of a comprehensive network of such college- and university-based cooperative study units as will provide full geographic and topical coverage for research on the resources contained in System units and their larger regions. |
16 U.S.C. 5934 | 54 U.S.C. 100704 |
16 U.S.C. 5935 | 54 U.S.C. 100705 |
16 U.S.C. 5936 | 54 U.S.C. 100706 |
16 U.S.C. 5937 | 54 U.S.C. 100707 |
16 U.S.C. 5951 | 54 U.S.C. 101912 |
16 U.S.C. 5952(1) through (7)(B) | 54 U.S.C. 101913 |
16 U.S.C. 5952(7)(C) | 54 U.S.C. 101911 |
16 U.S.C. 5952(7)(D) through (11) | 54 U.S.C. 101913 |
16 U.S.C. 5953 | 54 U.S.C. 101914 |
16 U.S.C. 5954(a) through (e) | 54 U.S.C. 101915 |
16 U.S.C. 5954(f) | Repealed as obsolete. Provided that not later than 7 years after November 13, 1998, the Secretary submit a report on the concession program. |
16 U.S.C. 5954 note | 54 U.S.C. 101915 |
16 U.S.C. 5955 | 54 U.S.C. 101916 |
16 U.S.C. 5956 | 54 U.S.C. 101917 |
16 U.S.C. 5957 | 54 U.S.C. 101918 |
16 U.S.C. 5958 | 54 U.S.C. 101919 |
16 U.S.C. 5959 | 54 U.S.C. 101920 |
16 U.S.C. 5960 | 54 U.S.C. 101921 |
16 U.S.C. 5961(a) | 54 U.S.C. 101524 |
16 U.S.C. 5961(b) | Repealed as obsolete. Provided that with respect to a service contract for the provision solely of transportation services at Zion National Park, the Secretary could obligate the expenditure of fees received in fiscal year 2002 under 16 U.S.C. 5981 before the fees were received. |
16 U.S.C. 5962 | 54 U.S.C. 101922 |
16 U.S.C. 5963 | 54 U.S.C. 101923 |
16 U.S.C. 5964 | 54 U.S.C. 101924 |
16 U.S.C. 5965 | 54 U.S.C. 101926 |
16 U.S.C. 5966 | 54 U.S.C. 101925 |
16 U.S.C. 5981 | 54 U.S.C. 101531 |
16 U.S.C. 5982 | Previously repealed. |
16 U.S.C. 5991 through 5995 | Previously repealed. |
16 U.S.C. 6011 | Repealed as obsolete. Required the Secretary to submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Resources and Appropriations of the House of Representatives, not later than one year after November 13, 1998, a report on law enforcement programs of the National Park Service. |
Statutory Notes and Related Subsidiaries
Enactment of Title
Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3094, provided in part that: "Title 54, United States Code, 'National Park Service and Related Programs', is enacted as follows".
Purpose; Conformity With Original Intent
Pub. L. 113–287, §2, Dec. 19, 2014, 128 Stat. 3094, provided that:
"(a)
"(b)
Transitional and Savings Provisions
Pub. L. 113–287, §6, Dec. 19, 2014, 128 Stat. 3272, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
Repeals
Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272, repealed specified laws relating to the National Park System, except with respect to rights and duties that matured, penalties that were incurred, or proceedings that were begun before Dec. 19, 2014.
2 So in original. Probably should be followed by a period.
Subtitle I—National Park System
DIVISION A—ESTABLISHMENT AND GENERAL ADMINISTRATION
CHAPTER 1001—GENERAL PROVISIONS
§100101. Promotion and regulation
(a)
(b)
(1) 1970
(A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions;
(B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage;
(C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and
(D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System.
(2) 1978
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3096.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100101(a) | 16 U.S.C. 1 (last sentence). | Aug. 25, 1916, ch. 408, §1 (last sentence), 39 Stat. 535. |
100101(b)(1) | 16 U.S.C. 1a–1 (1st sentence). | Pub. L. 91–383, §1, Aug. 18, 1970, 84 Stat. 825; Pub. L. 95–250, title I, §101(b), Mar. 27, 1978, 92 Stat. 166. |
100101(b)(2) | 16 U.S.C. 1a–1 (2d, last sentences). |
In subsection (a), the words "Secretary, acting through the Director of the National Park Service" are substituted for "service thus established" 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.) while keeping the responsibility for promoting and regulating the use of the National Park System with the Director of the National Park Service.
In subsection (b)(1)(D), the words "this division" are substituted for "this Act" for clarity. The purpose of the Act of August 18, 1970 (known as the National Park System General Authorities Act) (Public Law 91–383, 84 Stat. 825), was to update and clarify the law with respect to the various units of the National Park System by enlarging the application of existing general statutes so that they apply uniformly to the administration of the various types of parklands within the national park system. See H. Rept. 91–1265 (91st Cong., 2d Sess.). However, section 2(b) of that Act, rather than being enacted as a new provision of law, amended section 2 of the Act of August 8, 1953 (ch. 384, 67 Stat. 496), and would not be included in the reference to "this Act" in section 1 of the Act of August 18, 1970. The revised subsection translates the reference to "this Act" to carry out the intent of the Act of August 18, 1970.
Statutory Notes and Related Subsidiaries
Short Title of 2023 Amendment
Pub. L. 117–339, §1, Jan. 5, 2023, 136 Stat. 6158, provided that: "This Act [enacting chapter 1201 of this title and provisions set out as notes under sections 120101 and 120102 of this title, amending provisions listed in tables and set out as a note under section 120102 of this title, and repealing provisions set out as a note under section 120102 of this title] may be cited as the 'National Heritage Area Act'."
Short Title of 2020 Amendment
Pub. L. 116–152, §1, Aug. 4, 2020, 134 Stat. 682, provided that: "This Act [enacting chapter 2004 of this title and amending sections 200302, 200303, and 200306 of this title] may be cited as the 'Great American Outdoors Act'."
Short Title of 2019 Amendment
Pub. L. 116–94, div. P, title VII, §701, Dec. 20, 2019, 133 Stat. 3195, provided that: "This title [enacting sections 308104 and 308105 of this title and amending section 308103 of this title] may be cited as the 'Preserving America's Battlefields Act'."
Short Title of 2018 Amendment
Pub. L. 115–104, §1, Jan. 8, 2018, 131 Stat. 2260, provided that: "This Act [enacting chapter 3084 of this title and provisions set out as a note under section 308401 of this title] may be cited as the 'African American Civil Rights Network Act of 2017'."
Short Title of 2016 Amendment
Pub. L. 114–289, §1(a), Dec. 16, 2016, 130 Stat. 1482, provided that: "This Act [see Tables for classification] may be cited as the 'National Park Service Centennial Act'."
Pub. L. 114–289, title II, §201, Dec. 16, 2016, 130 Stat. 1485, provided that: "This title [enacting section 101121 of this title] may be cited as the 'National Park Foundation Endowment Act'."
Pub. L. 114–289, title VIII, §801, Dec. 16, 2016, 130 Stat. 1494, provided that: "This title [amending sections 302104 and 303102 of this title] may be cited as the 'National Historic Preservation Amendments Act'."
Short Title of 2009 Act
Pub. L. 111–11, §1(a), Mar. 30, 2009, 123 Stat. 991, provided that: "This Act [see Tables for classification] may be cited as the 'Omnibus Public Land Management Act of 2009'."
Short Title of 2006 Act
Pub. L. 109–453, §1(a), Dec. 22, 2006, 120 Stat. 3367, provided that: "This Act [see Tables for classification] may be cited as the 'National Historic Preservation Act Amendments Act of 2006'."
Pub. L. 109–338, §1(a), Oct. 12, 2006, 120 Stat. 1783, provided that: "This Act [see Tables for classification] may be cited as the 'National Heritage Areas Act of 2006'."
Short Title of 2005 Act
Pub. L. 109–156, §1, Dec. 30, 2005, 119 Stat. 2946, provided that: "This Act [see Tables for classification] may be cited as the 'Delaware Water Gap National Recreation Area Improvement Act'."
Short Title of 2000 Act
Pub. L. 106–355, §1, Oct. 24, 2000, 114 Stat. 1385, provided that: "This Act [see Tables for classification] may be cited as the 'National Historic Lighthouse Preservation Act of 2000'."
Pub. L. 106–291, title I, §150(a), Oct. 11, 2000, 114 Stat. 956, provided that: "This section [see Tables for classification] may be cited as the 'National Underground Railroad Freedom Center Act'."
Pub. L. 106–208, §1, May 26, 2000, 114 Stat. 318, provided that: "This Act [see Tables for classification] may be cited as the 'National Historic Preservation Act Amendments of 2000'."
Pub. L. 106–176, §1(a), Mar. 10, 2000, 114 Stat. 23, provided that: "This Act [see Tables for classification] may be cited as the 'Omnibus Parks Technical Corrections Act of 2000'."
Short Title of 1998 Act
Pub. L. 105–391, §1(a), Nov. 13, 1998, 112 Stat. 3497, provided that: "This Act [see Tables for classification] may be cited as the 'National Parks Omnibus Management Act of 1998'."
Pub. L. 105–391, title III, §301, Nov. 13, 1998, 112 Stat. 3501, provided that: "This title [see Tables for classification] may be cited as the 'National Park System New Areas Studies Act'."
Pub. L. 105–391, title IV, §401, Nov. 13, 1998, 112 Stat. 3503, provided that: "This title [see Tables for classification] may be cited as the 'National Park Service Concessions Management Improvement Act of 1998'."
Pub. L. 105–203, §1, July 21, 1998, 112 Stat. 678, provided that: "This Act [see Tables for classification] may be cited as the 'National Underground Railroad Network to Freedom Act of 1998'."
Short Title of 1996 Act
Pub. L. 104–333, §1, Nov. 12, 1996, 110 Stat. 4093, provided that: "This Act [see Tables for classification] may be cited as the 'Omnibus Parks and Public Lands Management Act of 1996'."
Short Title of 1994 Act
Pub. L. 103–451, §1, Nov. 2, 1994, 108 Stat. 4769, provided that: "This Act [see Tables for classification] may be cited as the 'National Maritime Heritage Act of 1994'."
Short Title of 1992 Act
Pub. L. 102–575, title XL, §4001, Oct. 30, 1992, 106 Stat. 4753, provided that: "This title [see Tables for classification] may be cited as the 'National Historic Preservation Act Amendments of 1992'."
Short Title of 1980 Act
Pub. L. 96–515, §1, Dec. 12, 1980, 94 Stat. 2987, provided: "That this Act [see Tables for classification] may be cited as the 'National Historic Preservation Act Amendments of 1980'."
Short Title of 1978 Act
Pub. L. 95–625, §1, Nov. 10, 1978, 92 Stat. 3467, provided that: "This Act [see Tables for classification] may be cited as the 'National Parks and Recreation Act of 1978'."
Pub. L. 95–625, title X, §1001, Nov. 10, 1978, 92 Stat. 3538, provided that: "This title [see Tables for classification] may be cited as the 'Urban Park and Recreation Recovery Act of 1978'."
Short Title of 1970 Act
Pub. L. 91–383, §14, as added by Pub. L. 108–352, §10(b), Oct. 21, 2004, 118 Stat. 1397, provided that: "This Act [see Tables for classification] may be cited as the 'National Park System General Authorities Act'."
Pub. L. 91–357, §5, July 29, 1970, 84 Stat. 472, provided that: "This Act [see Tables for classification] may be cited as the 'Volunteers in the Parks Act of 1969'."
Short Title of 1966 Act
Pub. L. 89–665, §1(a), Oct. 15, 1966, 80 Stat. 915; Pub. L. 96–515, title I, §101(a), Dec. 12, 1980, 94 Stat. 2987, provided that: "This Act [see Tables for classification] may be cited as the 'National Historic Preservation Act'."
Short Title of 1964 Act
Pub. L. 88–578, title I, §1(a), Sept. 3, 1964, 78 Stat. 897, provided in part that: "This Act [see Tables for classification] may be cited as the 'Land and Water Conservation Fund Act of 1965'."
Short Title of 1916 Act
Act Aug. 25, 1916, ch. 408, §5, as added by Pub. L. 108–352, §10(a), Oct. 21, 2004, 118 Stat. 1397, provided that: "This Act [see Tables for classification] may be cited as the 'National Park Service Organic Act'."
Special Events at National Mall
Pub. L. 108–108, title I, §145, Nov. 10, 2003, 117 Stat. 1280, provided that: "None of the funds appropriated or otherwise made available by this or any other Act, hereafter enacted, may be used to permit the use of the National Mall for a special event, unless the permit expressly prohibits the erection, placement, or use of structures and signs bearing commercial advertising. The Secretary may allow for recognition of sponsors of special events: Provided, That the size and form of the recognition shall be consistent with the special nature and sanctity of the Mall and any lettering or design identifying the sponsor shall be no larger than one-third the size of the lettering or design identifying the special event. In approving special events, the Secretary shall ensure, to the maximum extent practicable, that public use of, and access to the Mall is not restricted. For purposes of this section, the term 'special event' shall have the meaning given to it by section 7.96(g)(1)(ii) of title 36, Code of Federal Regulations."
National Park Police Drug Enforcement Supplemental Authority Act
Pub. L. 99–570, title V, subtitle B (§§5051, 5052), Oct. 27, 1986, 100 Stat. 3207–156, as amended by Pub. L. 100–690, title VI, §6254(d)(2), Nov. 18, 1988, 102 Stat. 4365, provided that:
"SEC. 5051. SHORT TITLE.
"This subtitle may be cited as the 'National Park Police Drug Enforcement Supplemental Authority Act'.
"SEC. 5052. NATIONAL PARK AUTHORIZATION.
"In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances in National Park System units, from amounts appropriated there shall be made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $3,000,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of officers or employees of the Department of the Interior designated pursuant to section 10(b) of the Act of August 18, 1970 ([former] 16 U.S.C. 1a–6 [see 54 U.S.C. 102701]), for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities."
Purposes of Pub. L. 88–578
Pub. L. 88–578, title I, §1(b), Sept. 3, 1964, 78 Stat. 897, provided that: "The purposes of this Act [see Tables for classification] are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality of the citizens of the United States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas."
§100102. Definitions
In this title:
(1)
(2)
(3)
(4)
(5)
(6)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3096.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100102 | no source. |
The term "System unit" is added because various laws relating to the National Park Service apply to any area of land or water administered by the Secretary through the Service regardless of the terms used in those laws. See section 100501 of the revised title.
Statutory Notes and Related Subsidiaries
Definitions
Pub. L. 114–289, §2, Dec. 16, 2016, 130 Stat. 1482, provided that: "In this Act [see Short Title of 2016 Amendment note set out under section 100101 of this title]:
"(1)
"(2)
"(3)
"(4)
"(5)
CHAPTER 1003—ESTABLISHMENT, DIRECTORS, AND OTHER EMPLOYEES
§100301. Establishment
There is in the Department of the Interior a service called the National Park Service.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3097.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100301 | 16 U.S.C. 1 (1st sentence words before 1st comma). | Aug. 25, 1916, ch. 408, §1 (1st sentence words before 1st comma), 39 Stat. 535. |
§100302. Directors and other employees
(a)
(1)
(2)
(3)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3097.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100302(a)(1) | 16 U.S.C. 1 (1st sentence words after 1st comma). | Aug. 25, 1916, ch. 408, §1 (1st sentence words after 1st comma, 2d to 4th sentences), 39 Stat. 535; Pub. L. 104–333, div. I, title VIII, §814(e)(1), Nov. 12, 1996, 110 Stat. 4196. |
100302(a)(2) | 16 U.S.C. 1 (2d sentence). | |
100302(a)(3) | 16 U.S.C. 2. | Aug. 25, 1916, ch. 408, §2, 39 Stat. 535. |
100302(b) | 16 U.S.C. 1 (3d, 4th sentences). | |
100302(c) | 16 U.S.C. 1 (5th sentence). | Aug. 25, 1916, ch. 408, §1 (5th sentence), 39 Stat. 535. |
In subsection (a)(3), the words "of the Hot Springs Reservation in the State of Arkansas" [changed to "Hot Springs National Park" because of section 1 of the Act of March 4, 1921 (ch. 161, 41 Stat. 1407)] in section 2 of the Act of August 25, 1916 (known as the National Park Service Organic Act) (ch. 408, 39 Stat. 535) are omitted as unnecessary.
Subsection (c) is substituted for the 5th sentence of section 1 of the Act of August 25, 1916 (known as the National Park Service Organic Act) (ch. 408, 39 Stat. 535), to eliminate unnecessary words and because the pay of employees is fixed pursuant to chapter 51 and subchapter III of chapter 53 of title 5.
§100303. Effect on other laws
This chapter and sections 100101(a), 100751(a), 100752, 100753, and 102101 of this title do not affect or modify section 100902(a) of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3097.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100303 | 16 U.S.C. 4. | Aug. 25, 1916, ch. 408, §4, 39 Stat. 536. |
CHAPTER 1005—AREAS OF NATIONAL PARK SYSTEM
§100501. Areas included in System
The System shall include any area of land and water administered by the Secretary, acting through the Director, for park, monument, historic, parkway, recreational, or other purposes.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3098.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100501 | 16 U.S.C. 1c(a). | Aug. 8, 1953, ch. 384, §2(a), 67 Stat. 496; Pub. L. 91–383, §2(b), Aug. 18, 1970, 84 Stat. 826. |
The words "now or hereafter" are omitted as obsolete.
§100502. General management plans
General management plans for the preservation and use of each System unit, including areas within the national capital area, shall be prepared and revised in a timely manner by the Director. On January 1 of each year, the Secretary shall submit to Congress a list indicating the current status of completion or revision of general management plans for each System unit. General management plans for each System unit shall include—
(1) measures for the preservation of the area's resources;
(2) indications of types and general intensities of development (including visitor circulation and transportation patterns, systems, and modes) associated with public enjoyment and use of the area, including general locations, timing of implementation, and anticipated costs;
(3) identification of and implementation commitments for visitor carrying capacities for all areas of the System unit; and
(4) indications of potential modifications to the external boundaries of the System unit, and the reasons for the modifications.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3098.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100502 | 16 U.S.C. 1a–7(b). | Pub. L. 91–383, §12, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 95–625, title VI, §604(3), (4), Nov. 10, 1978, 92 Stat. 3518, 3519; Pub. L. 103–437, §6(c), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 105–391, title IV, §415(b)(2), Nov. 13, 1998, 112 Stat. 3515. |
§100503. Five-year strategic plans
(a)
(b)
(1)
(2)
(A) funding allocations for resource preservation (including resource management), visitor services (including maintenance, interpretation, law enforcement, and search and rescue), and administration; and
(B) allocations into each of the categories in subparagraph (A) of all funds retained from fees collected for that year, including special use permits, concession franchise fees, and recreation use and entrance fees.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3098.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100503 | 16 U.S.C. 5914. | Pub. L. 105–391, title I, §104, Nov. 13, 1998, 112 Stat. 3499. |
§100504. Study and planning of park, parkway, and recreational-area facilities
(a)
(1)
(2)
(3)
(A) shall seek and accept the cooperation and assistance of Federal departments or agencies having jurisdiction of land belonging to the United States; and
(B) may cooperate and make agreements with and seek and accept the assistance of—
(i) other Federal agencies and instrumentalities; and
(ii) States, political subdivisions of States, and agencies and instrumentalities of either of them.
(4)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3099.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100504(a)(1) | 16 U.S.C. 17n. | June 23, 1936, ch. 735, 49 Stat. 1894; Aug. 1, 1956, ch. 852, §6, 70 Stat. 908. |
100504(a)(2), (3) | 16 U.S.C. 17k. | |
100504(a)(4) | 16 U.S.C. 17l. | |
100504(b) | 16 U.S.C. 17m. |
§100505. Periodic review of System
(a)
(b)
(c)
(1) A comprehensive listing of all authorized but unacquired parcels of land within the exterior boundaries of each System unit as of November 28, 1990.
(2) A priority listing of all those unacquired parcels by System unit and for the System as a whole. The list shall describe the acreage and ownership of each parcel, the estimated cost of acquisition for each parcel (subject to any statutory acquisition limitations for the land), and the basis for the estimate.
(3) An analysis and evaluation of the current and future needs of each System unit for resource management, interpretation, construction, operation and maintenance, personnel, and housing, together with an estimate of the costs.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3099.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100505(a) | 16 U.S.C. 1a–9. | Pub. L. 101–628, title XII, §§1213–1215, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 103–437, §6(d)(2), Nov. 2, 1994, 108 Stat. 4583. |
100505(b) | 16 U.S.C. 1a–10. | |
100505(c) | 16 U.S.C. 1a–11. |
In subsection (a), the text of 16 U.S.C. 1a–9 (last sentence) is omitted as obsolete.
§100506. Boundary changes to System units
(a)
(1) analysis of whether or not an existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the System unit;
(2) an evaluation of each parcel proposed for addition or deletion to a System unit based on the analysis under paragraph (1); and
(3) an assessment of the impact of potential boundary adjustments taking into consideration the factors in section 100505(c)(3) of this title and the effect of the adjustments on the local communities and surrounding area.
(b)
(1) consult with affected agencies of State and local governments, surrounding communities, affected landowners, and private national, regional, and local organizations;
(2) apply the criteria developed pursuant to subsection (a) and accompany the proposal with a statement reflecting the results of the application of the criteria; and
(3) include with the proposal an estimate of the cost for acquiring any parcels proposed for acquisition, the basis for the estimate, and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other parcels for the System unit and for the System.
(c)
(1)
(A) make minor changes to the boundary of the System unit, and amounts appropriated from the Fund shall be available for acquisition of any land, water, and interests in land or water added to the System unit by the boundary change subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to the System unit; and
(B) acquire by donation, purchase with donated funds, transfer from any other Federal agency, or exchange, land, water, or interests in land or water adjacent to the System unit, except that in exercising the Secretary's authority under this subparagraph the Secretary—
(i) shall not alienate property administered as part of the System to acquire land by exchange;
(ii) shall not acquire property without the consent of the owner; and
(iii) may acquire property owned by a State or political subdivision of a State only by donation.
(2)
(3)
(4)
(5)
(A) The sum of the total acreage of the land, water, and interests in land or water to be added to the System unit and the total acreage of the land, water, and interests in land or water to be deleted from the System unit is not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than 200 acres.
(B) The acquisition, if any, is not a major Federal action significantly affecting the quality of the human environment, as determined by the Secretary.
(C) The sum of the total appraised value of the land, water, and interests in land or water to be added to the System unit and the total appraised value of the land, water, and interests in land or water to be deleted from the System unit does not exceed $750,000.
(D) The proposed boundary change is not an element of a more comprehensive boundary change proposal.
(E) The proposed boundary has been subject to a public review and comment period.
(F) The Director obtains written consent for the boundary change from all property owners whose land, water, or interests in land or water, or a portion of whose land, water, or interests in land or water, will be added to or deleted from the System unit by the boundary change.
(G) The land abuts other Federal land administered by the Director.
(6)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3100.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100506(a) | 16 U.S.C. 1a–12. | Pub. L. 101–628, title XII, §§1216, 1217, Nov. 28, 1990, 104 Stat. 4508. |
100506(b) | 16 U.S.C. 1a–13. | |
100506(c) | 16 U.S.C. 460l–9(c). | Pub. L. 88–578, title I, §7(c), formerly §6(c), as added Pub. L. 95–42, §1(5), June 10, 1977, 91 Stat. 211; Pub. L. 96–203, §2(2), Mar. 10, 1980, 94 Stat. 81; Pub. L. 103–437, §6(p)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104–333, div. I, title VIII, §814(b), Nov. 12, 1996, 110 Stat. 4194; Pub. L. 106–176, title I, §§120(b), 129, Mar. 10, 2000, 114 Stat. 28, 30. |
In subsection (a), before paragraph (1), the word "maintain" is substituted for "Within one year after November 28, 1990 . . . develop" to eliminate obsolete words. In paragraph (3), the reference to paragraph (c) in 16 U.S.C. 1a–12 is treated as a reference to 16 U.S.C. 1a–11(c) for clarity.
In subsection (b), before paragraph (1), the words "after November 28, 1990" are omitted as obsolete.
§100507. Additional areas for System
(a)
(b)
(1)
(2)
(A) the areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility;
(B) themes, sites, and resources not already adequately represented in the System; and
(C) public petitions and Congressional resolutions.
(3)
(4)
(5)
(6)
(A) any river segment for potential addition to the national wild and scenic rivers system; or
(B) any trail for potential addition to the national trails system.
(c)
(1)
(2)
(3)
(A) possesses nationally significant natural or cultural resources and represents one of the most important examples of a particular resource type in the country; and
(B) is a suitable and feasible addition to the System.
(4)
(A) with regard to the area being studied, shall consider—
(i) the rarity and integrity of the resources;
(ii) the threats to those resources;
(iii) whether similar resources are already protected in the System or in other public or private ownership;
(iv) the public use potential;
(v) the interpretive and educational potential;
(vi) costs associated with acquisition, development, and operation;
(vii) the socioeconomic impacts of any designation;
(viii) the level of local and general public support; and
(ix) whether the area is of appropriate configuration to ensure long-term resource protection and visitor use;
(B) shall consider whether direct Service management or alternative protection by other public agencies or the private sector is appropriate for the area;
(C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director be most effective and efficient in protecting significant resources and providing for public enjoyment; and
(D) may include any other information that the Secretary considers to be relevant.
(5)
(6)
(d)
(1)
(A) a list of areas that have been previously studied that contain primarily historical resources; and
(B) a list of areas that have been previously studied that contain primarily natural resources.
(2)
(3)
(e)
(f)
(g)
(h)
(1)
(2)
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3102.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100507(a) | 16 U.S.C. 1a–5(a) (1st sentence). | Pub. L. 91–383, §8, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1940; Pub. L. 95–625, title VI, §604(1), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 96–199, title I, §104, Mar. 5, 1980, 94 Stat. 68; Pub. L. 96–344, §8, Sept. 8, 1980, 94 Stat. 1135; Pub. L. 103–437, §6(b), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104–333, div. I, title VIII, §814(d)(1)(I), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105–391, title III, §303, Nov. 13, 1998, 112 Stat. 3501. |
100507(b)(1), (2) | 16 U.S.C. 1a–5(b)(1), (2). | |
100507(b)(3) | 16 U.S.C. 1a–5(a) (2d sentence). | |
100507(b)(4) through (6) | 16 U.S.C. 1a–5(b)(3) through (5). | |
100507(c) | 16 U.S.C. 1a–5(c). | |
100507(d) | 16 U.S.C. 1a–5(e). | |
100507(e), (f) | 16 U.S.C. 1a–5(a) (3d, last sentences). | |
100507(g) | 16 U.S.C. 1a–5(d). | |
100507(h) | 16 U.S.C. 1a–5(f). |
In subsection (b)(3), the words "after November 13, 1998" are omitted as obsolete.
In subsection (b)(5), the cross-reference is limited to the applicable provisions of Public Law 91–383 as restated in the revised title.
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (c)(5), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
1 So in original. Probably should be "
CHAPTER 1007—RESOURCE MANAGEMENT
SUBCHAPTER I—SYSTEM RESOURCE INVENTORY AND MANAGEMENT
SUBCHAPTER II—SYSTEM UNIT RESOURCE PROTECTION
SUBCHAPTER III—MINING ACTIVITY WITHIN SYSTEM UNITS
SUBCHAPTER IV—ADMINISTRATION
SUBCHAPTER I—SYSTEM RESOURCE INVENTORY AND MANAGEMENT
§100701. Protection, interpretation, and research in System
Recognizing the ever increasing societal pressures being placed upon America's unique natural and cultural resources contained in the System, the Secretary shall continually improve the ability of the Service to provide state-of-the-art management, protection, and interpretation of, and research on, the resources of the System.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3105.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100701 | 16 U.S.C. 5911. | Pub. L. 105–391, title I, §101, Nov. 13, 1998, 112 Stat. 3498. |
§100702. Research mandate
The Secretary shall ensure that management of System units is enhanced by the availability and utilization of a broad program of the highest quality science and information.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3105.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100702 | 16 U.S.C. 5932. | Pub. L. 105–391, title II, §202, Nov. 13, 1998, 112 Stat. 3499. |
§100703. Cooperative study units
The Secretary shall enter into cooperative agreements with colleges and universities, including land grant schools, in partnership with other Federal and State agencies, to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the resources of the System, or the larger region of which System units are a part.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3105.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100703 | 16 U.S.C. 5933(a). | Pub. L. 105–391, title II, §203(a), Nov. 13, 1998, 112 Stat. 3500. |
§100704. Inventory and monitoring program
The Secretary shall undertake a program of inventory and monitoring of System resources to establish baseline information and to provide information on the long-term trends in the condition of System resources. The monitoring program shall be developed in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective approach.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3105.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100704 | 16 U.S.C. 5934. | Pub. L. 105–391, title II, §204, Nov. 13, 1998, 112 Stat. 3500. |
§100705. Availability of System units for scientific study
(a)
(b)
(1) is consistent with applicable laws and Service management policies; and
(2) will be conducted in a manner that poses no threat to the System unit resources or public enjoyment derived from System unit resources.
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3106.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100705 | 16 U.S.C. 5935. | Pub. L. 105–391, title II, §205, Nov. 13, 1998, 112 Stat. 3500. |
§100706. Integration of study results into management decisions
The Secretary shall take such measures as are necessary to ensure the full and proper utilization of the results of scientific study for System unit management decisions. In each case in which an action undertaken by the Service may cause a significant adverse effect on a System unit resource, the administrative record shall reflect the manner in which System unit resource studies have been considered. The trend in the condition of resources of the System shall be a significant factor in the annual performance evaluation of each superintendent of a System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3106.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100706 | 16 U.S.C. 5936. | Pub. L. 105–391, title II, §206, Nov. 13, 1998, 112 Stat. 3500. |
§100707. Confidentiality of information
Information concerning the nature and specific location of a System resource that is endangered, threatened, rare, or commercially valuable, of mineral or paleontological objects within System units, or of objects of cultural patrimony within System units, may be withheld from the public in response to a request under section 552 of title 5 unless the Secretary determines that—
(1) disclosure of the information would further the purposes of the System unit in which the resource or object is located and would not create an unreasonable risk of harm, theft, or destruction of the resource or object, including individual organic or inorganic specimens; and
(2) disclosure is consistent with other laws protecting the resource or object.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3106.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100707 | 16 U.S.C. 5937. | Pub. L. 105–391, title II, §207, Nov. 13, 1998, 112 Stat. 3501. |
SUBCHAPTER II—SYSTEM UNIT RESOURCE PROTECTION
§100721. Definitions
In this subchapter:
(1)
(A) compensation for—
(i)(I) the cost of replacing, restoring, or acquiring the equivalent of a System unit resource; and
(II) the value of any significant loss of use of a System unit resource pending its restoration or replacement or the acquisition of an equivalent resource; or
(ii) the value of the System unit resource if the System unit resource cannot be replaced or restored; and
(B) the cost of a damage assessment under section 100723(b) of this title.
(2)
(A) prevent or minimize destruction or loss of or injury to a System unit resource;
(B) abate or minimize the imminent risk of the destruction, loss, or injury; or
(C) monitor ongoing effects of incidents causing the destruction, loss, or injury.
(3)
(A)
(B)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3106.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100721 | 16 U.S.C. 19jj. | Pub. L. 101–337, §1, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, §814(h)(1), (2), Nov. 12, 1996, 110 Stat. 4199. |
In this section, the text of 16 U.S.C. 19jj(a) is omitted as unnecessary. The text of 16 U.S.C. 19jj(e) is omitted because the term "regimen" is not used in the revised title. The text of 16 U.S.C. 19jj(g) is omitted because a marine or aquatic park system resource is a kind of park system resource.
§100722. Liability
(a)
(b)
(c)
(1) the destruction, loss of, or injury to the System unit resource was caused solely by an act of God or an act of war;
(2) the person acted with due care, and the destruction, loss of, or injury to the System unit resource was caused solely by an act or omission of a 3d party, other than an employee or agent of the person; or
(3) the destruction, loss, or injury to the System unit resource was caused by an activity authorized by Federal or State law.
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3107.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100722 | 16 U.S.C. 19jj–1. | Pub. L. 101–337, §2, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, §814(h)(3), Nov. 12, 1996, 110 Stat. 4199; Pub. L. 106–176, title I, §120(c), Mar. 10, 2000, 114 Stat. 29. |
§100723. Actions
(a)
(b)
(1)
(A) prevent or minimize the destruction, loss of, or injury to System unit resources; or
(B) minimize the imminent risk of destruction, loss, or injury to System unit resources.
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3107.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100723 | 16 U.S.C. 19jj–2. | Pub. L. 101–337, §3, July 27, 1990, 104 Stat. 380. |
In this section, the words "destruction, loss, or injury" are substituted for "damage" in subsection (a) and for "damages" in subsection (b) for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action.
In subsection (a), the words "response action" are substituted for "response costs" the 1st time the words appear for clarity and consistency in the new chapter.
§100724. Use of recovered amounts
(a)
(1)
(2)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3108.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100724 | 16 U.S.C. 19jj–3. | Pub. L. 101–337, §4, July 27, 1990, 104 Stat. 380; Pub. L. 103–437, §6(d)(3), Nov. 12, 1994, 108 Stat. 4583. |
Section 4(d) of the Act of July 27, 1990 (Public Law 101–337, 104 Stat. 380), is omitted as obsolete. See section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (Public Land 104–66, 31 U.S.C. 1113 note) and page 111 of House Document No. 103–7.
In subsection (a), before paragraph (1), the words "destruction, loss, or injury to" are substituted for "damage to" for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action.
In subsection (b), the words "the General Fund of the United States" are omitted as unnecessary.
§100725. Donations
The Secretary may accept donations of money or services for expenditure or employment to meet expected, immediate, or ongoing response costs. The donations may be expended or employed at any time after their acceptance, without further Congressional action.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3108.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100725 | 16 U.S.C. 19jj–4. | Pub. L. 101–337, §5, July 27, 1990, 104 Stat. 381. |
SUBCHAPTER III—MINING ACTIVITY WITHIN SYSTEM UNITS
§100731. Findings and declaration
Congress finds and declares that—
(1) the level of technology of mineral exploration and development has changed radically, and continued application of the mining laws of the United States to System units to which the mining laws apply conflicts with the purposes for which the System units were established; and
(2) all mining operations in System units should be conducted so as to prevent or minimize damage to the environment and other resource values.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3109.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100731 | 16 U.S.C. 1901. | Pub. L. 94–429, §1, Sept. 28, 1976, 90 Stat. 1342. |
In paragraph (1), the words "in recent years" are omitted as obsolete.
In paragraph (2), the words "in certain areas of the National Park System, surface disturbances from mineral development should be temporarily halted while Congress determines whether or not to acquire any valid mineral rights which may exist in such areas" are omitted as obsolete.
§100732. Preservation and management of System units by Secretary; promulgation of regulations
To preserve for the benefit of present and future generations the pristine beauty of System units, and to further the purposes of section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of this title and the individual organic Acts for the System units, all activities resulting from the exercise of mineral rights on patented or unpatented mining claims within any System unit shall be subject to such regulations prescribed by the Secretary as the Secretary considers necessary or desirable for the preservation and management of the System units.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3109.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100732 | 16 U.S.C. 1902. | Pub. L. 94–429, §2, Sept. 28, 1976, 90 Stat. 1342. |
The word "valid" is omitted for clarity because regulations apply to the exercise of mining claim rights before they are determined to be valid. The word "existing" is omitted as obsolete.
§100733. Recordation of mining claims; publication of notice
All mining claims under the Mining Law of 1872 (30 U.S.C. chapter 2, sections 161 and 162, and chapters 12A and 16) that lie within the boundaries of System units in existence on September 28, 1976, that were not recorded with the Secretary within one year after September 28, 1976, shall be conclusively presumed to be abandoned and shall be void. The recordation does not render valid any claim that was not valid on September 28, 1976, or that becomes invalid after that date.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3109.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100733 | 16 U.S.C. 1907. | Pub. L. 94–429, §8, Sept. 28, 1976, 90 Stat. 1343. |
The section is substituted for the source provision to eliminate obsolete words. The words "in existence on September 28, 1976" are added for clarity to show that the provision applies only to System units that were part of the System on that date.
Editorial Notes
References in Text
The Mining Law of 1872, referred to in text, is act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For complete classification of such Revised Statutes sections to the Code, see Tables.
§100734. Report on finding or notification of potential damage to natural and historical landmarks
When the Secretary finds on the Secretary's own motion or on being notified in writing by an appropriate scientific, historical, or archeological authority that a district, site, building, structure, or object that has been found to be nationally significant in illustrating natural history or the history of the United States and that has been designated as a natural or historic landmark may be irreparably lost or destroyed in whole or in part by any surface mining activity, including exploration for or removal or production of minerals or materials, the Secretary shall notify the person conducting the activity and submit a report on the findings or notification, including the basis for the Secretary's finding that the activity may cause irreparable loss or destruction of a national landmark, to the Advisory Council on Historic Preservation, with a request for advice of the Council as to alternative measures that may be taken by the United States to mitigate or abate the activity.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3109.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100734 | 16 U.S.C. 1908(a). | Pub. L. 94–429, §9(a), Sept. 28, 1976, 90 Stat. 1343. |
§100735. Civil actions for just compensation by mining claim holders
The holder of any patented or unpatented mining claim subject to this subchapter that believes the holder has suffered a loss by operation of this subchapter, or by orders or regulations issued pursuant to this subchapter, may bring a civil action in United States district court to recover just compensation, which shall be awarded if the court finds that the loss constitutes a taking of property compensable under the Constitution.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3110.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100735 | 16 U.S.C. 1910. | Pub. L. 94–429, §11, Sept. 28, 1976, 90 Stat. 1344; Pub. L. 98–620, title IV, §402(21), 98 Stat. 3358. |
§100736. Acquisition of land by Secretary
Nothing in this subchapter shall be construed to limit the authority of the Secretary to acquire land and interests in land within the boundary of any System unit. The Secretary shall give prompt and careful consideration to any offer made by the owner of any valid right or other property in Glacier Bay National Monument, Death Valley National Monument, Organ Pipe Cactus National Monument, or Mount McKinley National Park to sell the right or other property if the owner notifies the Secretary that the continued ownership of the right or property is causing, or would result in, undue hardship.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3110.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100736 | 16 U.S.C. 1911. | Pub. L. 94–429, §12, Sept. 28, 1976, 90 Stat. 1344. |
§100737. Financial disclosure by officer or employee of Secretary
(a)
(1) performs any function or duty under this subchapter, or any Act amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 1342) concerning the regulation of mining in the System; and
(2) has any known financial interest—
(A) in any person subject to this subchapter or any Act amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 1342); or
(B) in any person who holds a mining claim within the boundary of any System unit;
shall annually file with the Secretary a written statement concerning all such interests held by the officer or employee during the preceding calendar year. The statement shall be available to the public.
(b)
(1) define the term "known financial interest" for purposes of subsection (a);
(2) establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and enforced, including appropriate provisions for the filing by the officers and employees of the statements and the review by the Secretary of the statements; and
(3) submit to Congress on June 1 of each year a report with respect to the disclosures and the actions taken in regard to the disclosures during the preceding calendar year.
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3110.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100737(a) through (c) | 16 U.S.C. 1912(a) through (c). | Pub. L. 94–429, §13(a) through (c), Sept. 28, 1976, 90 Stat. 1344. |
100737(d) | no source. |
In subsection (a), the words "beginning on February 1, 1977" are omitted as obsolete.
In subsection (b), the words "act within ninety days after September 28, 1976" are omitted as obsolete.
In subsection (c), the words "the Department of the Interior" are substituted for "such agency" for clarity.
Subsection (d) is added for informational purposes.
Editorial Notes
References in Text
The Mining in the Parks Act, referred to in subsec. (a)(1), (2)(A), is Pub. L. 94–429, Sept. 28, 1976, 90 Stat. 1342. For complete classification of this Act to the Code, see Tables.
SUBCHAPTER IV—ADMINISTRATION
§100751. Regulations
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100751(a) | 16 U.S.C. 3 (1st sentence words before "and any violation"). | Aug. 25, 1916, ch. 408, §3 (1st sentence words before "and any violation"), 39 Stat. 535. |
100751(b) | 16 U.S.C. 1a–2(a) (matter before (a)). | Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
16 U.S.C. 1a–2(h). | Pub. L. 91–383, §3(h), as added Pub. L. 94–458, §1(2), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. | |
100751(c) | no source. |
In subsection (b), the words "In order to facilitate the administration of the national park system" and "and enforce" are omitted as unnecessary. The words "under subsection (a)" are added for clarity to show that a regulation under subsection (b) is a special type of regulation under subsection (a) so that a violation of a regulation under subsection (b) is subject to a criminal penalty under 18 U.S.C. 1865.
Subsection (c) is added for informational purposes.
§100752. Destruction of animals and plant life
The Secretary may provide for the destruction of such animals and plant life as may be detrimental to the use of any System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100752 | 16 U.S.C. 3 (3d sentence). | Aug. 25, 1916, ch. 408, §3 (3d sentence), 39 Stat. 535. |
§100753. Disposal of timber
The Secretary, on terms and conditions to be fixed by the Secretary, may sell or dispose of timber in cases where, in the judgment of the Secretary, the cutting of timber is required to control attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100753 | 16 U.S.C. 3 (2d sentence). | Aug. 25, 1916, ch. 408, §3 (2d sentence), 39 Stat. 535. |
§100754. Relinquishment of legislative jurisdiction
(a)
(1) by filing with the chief executive official of the State or territory a notice of relinquishment to take effect on acceptance; or
(2) as the laws of the State or territory may otherwise provide.
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100754 | 16 U.S.C. 1a–3. | Pub. L. 91–383, §6, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1939; Pub. L. 103–437, §6(a)(1), Nov. 2, 1994, 108 Stat. 4583. |
In this section, the words "territory (including a possession)" are substituted for "territory, or possession" the 1st time the words appear for clarity, because a possession is a category of territory, that is, one that has very little local autonomy. In subsequent instances, the word "territory" is used in an equivalent sense. The word "Commonwealth" is omitted as being included in "territory (including a possession)".
§100755. Applicability of other laws
(a)
(b)
(1) section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, 101101, 101102, 101511, 102101, 102712, 102901, 104905, and 104906, and chapter 2003 of this title;
(2) the Act of March 4, 1911 (43 U.S.C. 961); and
(3) chapter 3201 of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3112.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100755 | 16 U.S.C. 1c(b). | Aug. 8, 1953, ch. 384, §2(b), 67 Stat. 496; Pub. L. 91–383, §2(b), Aug. 18, 1970, 84 Stat. 826. |
In subsection (a), the words "reference in such Act" are interpreted to mean "reference in such Acts" for clarity.
In subsection (b)(1), the words "relating to donation of land and money", "relating to roads and trails", "relating to approach roads to national monuments", "relating to conveyance of roads to States", "relating to acquisitions of inholdings", and "relating to aid to visitors in emergencies" are omitted as unnecessary. The words "the Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), relating to arrests" are omitted because the Act was repealed by section 10(a)(2) of the Act of August 18, 1970 (known as the National Park System General Authorities Act) (Public Law 91–383), as added by section 2 of the Act of October 7, 1976 (Public Law 94–458, 90 Stat. 1941). The words "relating to services or other accommodations for the public, emergency supplies and services to concessioners, acceptability of travelers checks, care and removal of indigents" are omitted as unnecessary. The words "the Act of October 9, 1965 (79 Stat. 696; 16 U.S.C. 20–20g), relating to concessions" are omitted because the Act was repealed by section 415(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105–391, 112 Stat. 3515).
In subsection (b)(2), the words "relating to rights of way" are omitted as unnecessary.
Subsection (b)(3) is added for clarity because many of the laws that established a System unit provided that the Secretary, in addition to administering the unit in accordance with the Act of August 25, 1916 (16 U.S.C. 1, 3, 3, and 4) and with laws generally applicable to System units, administer the unit in accordance with the Act of August 21, 1935 (16 U.S.C. 461 to 467).
CHAPTER 1008—EDUCATION AND INTERPRETATION
§100801. Definitions
As used in this chapter:
(1)
(A) means providing opportunities for people to form intellectual and emotional connections to gain awareness, appreciation, and understanding of the resources of the System; and
(B) may refer to the professional career field of Service employees, volunteers, and partners who interpret the resources of the System.
(2)
(3)
(A) national wild and scenic rivers and national trails;
(B) national heritage areas; and
(C) affiliated areas administered in connection with the System.
(Added Pub. L. 114–289, title III, §301(a), Dec. 16, 2016, 130 Stat. 1486.)
§100802. Interpretation and education authority
The Secretary shall ensure that management of System units and related areas is enhanced by the availability and use of a broad program of the highest quality interpretation and education.
(Added Pub. L. 114–289, title III, §301(a), Dec. 16, 2016, 130 Stat. 1487.)
§100803. Interpretation and education evaluation and quality improvement
The Secretary may undertake a program of regular evaluation of interpretation and education programs to ensure that they—
(1) adjust to how people learn and engage with the natural world and shared heritage as embodied in the System;
(2) reflect different cultural backgrounds, ages, education, gender, abilities, ethnicity, and needs;
(3) demonstrate innovative approaches to management and appropriately incorporate emerging learning and communications technology; and
(4) reflect current scientific and academic research, content, methods, and audience analysis.
(Added Pub. L. 114–289, title III, §301(a), Dec. 16, 2016, 130 Stat. 1487.)
§100804. Improved use of partners and volunteers in interpretation and education
The Secretary may—
(1) coordinate with park partners and volunteers in the delivery of quality programs and services to supplement those provided by the Service as part of a park's Long Range Interpretive Plan;
(2) support interpretive partners by providing opportunities to participate in interpretive training; and
(3) collaborate with other Federal and non-Federal public or private agencies, organizations, or institutions for the purposes of developing, promoting, and making available educational opportunities related to resources of the System and programs.
(Added Pub. L. 114–289, title III, §301(a), Dec. 16, 2016, 130 Stat. 1487.)
CHAPTER 1009—ADMINISTRATION
§100901. Authority of Secretary to carry out certain activities
(a)
(b)
(1) provides public accommodations or services within the immediate vicinity of the System unit to individuals visiting the System unit; and
(2) demonstrates to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water.
(c)
(d)
(e)
(f)
(g)
(1) rights of way necessary to construct, improve, and maintain roads within the authorized boundaries of any System unit; and
(2) land and interests in land adjacent to the rights of way, when—
(A) considered necessary by the Secretary—
(i) to provide adequate protection of natural features; or
(ii) to avoid traffic and other hazards resulting from private road access connections; or
(B) the acquisition of adjacent residual tracts, which otherwise would remain after acquiring the rights of way, would be in the public interest.
(h)
(1)
(2)
(A) made from appropriations applicable to the work on which the equipment is used at rental rates established by the Secretary, based on actual or estimated cost of operation, repair, maintenance, depreciation, and equipment management control; and
(B) credited to appropriations currently available at the time adjustment is effected.
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3112.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100901(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. 1b (matter before (1)). | Aug. 8, 1953, ch. 384, §1 (matter before (1)), (2), (5) through (8), 67 Stat. 495, 496; Pub. L. 91–383, §2(a), Aug. 18, 1970, 84 Stat. 826. | |
100901(b) | 16 U.S.C. 1a–2(e). | Pub. L. 91–383, §3(e), Aug. 18, 1970, 84 Stat. 827; Pub. L. 94–458, §1(1), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. |
100901(c) | 16 U.S.C. 1a–2(f). | Pub. L. 91–383, §3(f), Aug. 18, 1970, 84 Stat. 827; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. |
100901(d) | 16 U.S.C. 1b(2). | |
100901(e) through (h) | 16 U.S.C. 1b(5) through (8). |
In subsection (a), the words "and he may use applicable appropriations for the aforesaid system for the following purposes" in 16 U.S.C. 1b (matter before (1)) are omitted as unnecessary.
§100902. Rights of way for public utilities and power and communication facilities
(a)
(1)
(A) electrical plants, poles, and lines for the generation and distribution of electrical power;
(B) telephone and telegraph purposes; and
(C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses.
(2)
(A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and
(B) not more than 50 feet—
(i) on each side of the marginal limits of the ground; or
(ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.
(3)
(4)
(5)
(b)
(1)
(A) electrical poles and lines for the transmission and distribution of electrical power;
(B) poles and lines for communication purposes; and
(C) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities.
(2)
(A) shall be for not more than 50 years from the date the right of way is granted; and
(B) for—
(i) lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and
(ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities shall be for not more than 400 feet by 400 feet.
(3)
(4)
(A) nonuse for a period of 2 years; or
(B) abandonment.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3113.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100902(a) | 16 U.S.C. 79. | Feb. 15, 1901, ch.372 (relating to System units), 31 Stat. 790. |
100902(b) | 16 U.S.C. 5. | Mar. 4, 1911, ch. 238 (4th and last paragraphs (relating to System units) under heading " |
In subsection (a), the text of 16 U.S.C. 79 (2d proviso) is omitted as obsolete because title 65 of the Revised States of the United States was repealed by section 1 of the Act of July 16, 1947 (ch. 256, 61 Stat. 327).
In subsection (a)(1), the words "and the Yosemite, Sequoia, and General Grant national parks, California" are omitted as unnecessary because "other reservations" encompasses all System units.
The inclusion of paragraphs (4) and (5) of subsection (a) do not have any effect on rights of way under subsection (b).
In subsection (a)(4), the words "or his successor in his discretion" are omitted as unnecessary.
In subsection (b), the text of 16 U.S.C. 5 (last paragraph) is omitted as obsolete. The word "Secretary" is substituted for "the head of the department having jurisdiction over the lands" and "chief officer of the department under whose supervision or control such reservation falls" because the portion of the Act of March 4, 1911 (ch. 238, 36 Stat. 1253) classified to 16 U.S.C. 5 relates only to System units.
§100903. Solid waste disposal operations
(a)
(1) a site that was operating as of September 1, 1984; or
(2) a site used only for disposal of waste generated within that System unit so long as the site will not degrade any of the natural or cultural resources of the System unit.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3115.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100903 | 16 U.S.C. 460l–22(c). | Pub. L. 90–401, §5(c), as added Pub. L. 98–506, §2, Oct. 19, 1984, 98 Stat. 2338. |
1 So in original. A period probably should appear.
§100904. Admission and special recreation use fees
(a)
(1)
(2)
(b)
(1)
(2)
(A)
(B)
(C)
(3)
(c)
(1)
(A) the sale of permits and the collection of fees;
(B) the purposes and resources of the System units in which they are assigned; and
(C) the provision of assistance and information to visitors to the System unit.
(2)
(d)
(1)
(2)
(e)
(f)
(1)
(2)
(A) Twenty-five dollars per vehicle with a passenger capacity of 25 individuals or less.
(B) Fifty dollars per vehicle with a passenger capacity of more than 25 individuals.
(3)
(4)
(A) Any vehicle transporting organized school groups or outings conducted for educational purposes by schools or other bona fide educational institutions.
(B) Any vehicle entering a System unit pursuant to a contract issued under subchapter II of chapter 1019 of this title.
(5)
(A) Haleakalā Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint in Haleakalā National Park or of Grand Canyon National Park; or
(B) any other System unit for the specific purpose of providing commercial tour services if the Secretary determines that the level of the services is equal to or greater than the level at the System units specified in subparagraph (A).
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3115.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100904(a) | 16 U.S.C. 460l–6a(i)(1)(C). | Pub. L. 88–578, title I, §4(i)(1)(C), as added Pub. L. 105–327, §1, Oct. 30, 1998, 112 Stat. 3055; Pub. L. 108–447, div. J, title VIII, §813(a), Dec. 8, 2004, 118 Stat. 3390, as amended Pub. L. 109–54, title I, §132, Aug. 2, 2005, 119 Stat. 526. |
100904(b) through (e) | 16 U.S.C. 460l–6a(j) through (m). | Pub. L. 88–578, title I, §4(j) through (m), as added Pub. L. 100–203, title V, §5201(c), Dec. 22, 1987, 101 Stat. 1330–265. |
100904(f) | 16 U.S.C. 460l–6a(n). | Pub. L. 88–578, title I, §4(n), as added Pub. L. 103–66, title X, §10002(c), Aug. 10, 1993, 107 Stat. 404. |
In subsection (c), the word "Secretary" is substituted for "head of the collecting agency", "head of the agency", "collecting agency", and "agency", and the words "System units" are substituted for "designated areas" and "areas", because the source provisions apply only to the National Park Service.
In subsection (d)(2), the words "into the special account referred to in subsection (i) of this section" are omitted as obsolete.
In subsection (e), the words "under subsection (a) of this section" are omitted as obsolete.
In subsection (f)(1), the words "by October 1, 1993" are omitted as obsolete.
In subsection (f)(4)(B), the words "subchapter II of chapter 1019 of this title" are substituted for "the Act of October 9, 1965 (16 U.S.C. 20–20g) entitled 'An Act relating to the establishment of concession policies in the areas administered by the National Park Service and for other purposes' " because section 415 of the National Park Service Concessions Management Improvement Act of 1998 (Public Law 105–391, 112 Stat. 3515) repealed the Act of October 9, 1965, which was classified as 16 U.S.C. 20 to 20g, and enacted similar provisions, which are restated as subchapter II of chapter 1019 of the new title.
Editorial Notes
References in Text
Section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1998, referred to in subsec. (a)(1), is section 107 of Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1561, which was set out as a note under former section 460l–6a of Title 16, Conservation.
Statutory Notes and Related Subsidiaries
Construction
Pub. L. 109–54, title I, §132(c), Aug. 2, 2005, 119 Stat. 526, provided that: "Except as provided in this section [amending former section 460l–6a and section 6812 of Title 16, Conservation, and enacting provisions set out as a note under section 6812 of Title 16], section 4(i)(1)(C) of the Land and Water Conservation Fund Act of 1965 ([former] 16 U.S.C. 460l–6a(i)(1)(C)) [see 54 U.S.C. 100904(a)] shall be applied and administered as if section 813(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a)) (and the amendments made by that section [Pub. L. 108–447, amending former section 460l–6a of Title 16]) had not been enacted."
§100905. Commercial filming
(a)
(1)
(A) The number of days the filming activity or similar project takes place in the System unit.
(B) The size of the film crew present in the System unit.
(C) The amount and type of equipment present in the System unit.
(2)
(b)
(c)
(1)
(2)
(d)
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public's use and enjoyment of the site; or
(3) the activity poses health or safety risks to the public.
(e)
(1)
(2)
(f)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3117.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100905 | 16 U.S.C. 460l–6d (relating to the National Park Service). | Pub. L. 106–206, §1 (relating to the National Park Service), May 26, 2000, 114 Stat. 314. |
In subsection (e)(1), the words "in accordance with the formula and purposes established for the Recreational Fee Demonstration Program (Public Law 104–134)" are omitted as obsolete because the Program was repealed by section 813(b) of the Federal Lands Recreation Enhancement Act (Public Law 108–447, 118 Stat. 3390).
§100906. Advisory committees
(a)
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3118; Pub. L. 117–286, §4(a)(328), Dec. 27, 2022, 136 Stat. 4342.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100906(a) | 16 U.S.C. 1a–2 (matter before (a), (c) (words before comma). | Pub. L. 91–383, §3 (matter before (a)), (c), Aug. 18, 1970, 84 Stat. 826; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. |
100906(b), (c) | 16 U.S.C. 1a–14. | Pub. L. 102–525, title III, §301, Oct. 26, 1992, 106 Stat. 3441. |
100906(d) | 16 U.S.C. 1a–2(c) (words after comma). |
Editorial Notes
Amendments
2022—Subsec. (b). Pub. L. 117–286 substituted "Section 1013(b) of title 5" for "Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.)".
CHAPTER 1011—DONATIONS
SUBCHAPTER I—AUTHORITY OF SECRETARY
SUBCHAPTER II—NATIONAL PARK FOUNDATION
Editorial Notes
Amendments
2016—Pub. L. 114–289, title II, §202(b), title IV, §402(b), Dec. 16, 2016, 130 Stat. 1486, 1488, added items 101121 and 101122.
SUBCHAPTER I—AUTHORITY OF SECRETARY
§101101. Authority to accept land, rights-of-way, buildings, other property, and money
The Secretary in the administration of the Service may accept—
(1) patented land, rights-of-way over patented land or other land, buildings, or other property within a System unit; and
(2) money that may be donated for the purposes of the System.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3119.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101101 | 16 U.S.C. 6. | June 5, 1920, ch. 235, §1 (2d undesignated par. under heading " |
Statutory Notes and Related Subsidiaries
National Park System Donor Acknowledgment
Pub. L. 113–291, div. B, title XXX, §3054, Dec. 19, 2014, 128 Stat. 3806, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(A) the National Park Service; or
"(B) the National Park System.
"(2)
"(A) recognition of the donor or any product or service of the donor as an official sponsor, or any similar form of recognition, of the National Park Service or the National Park System;
"(B) a National Park Service endorsement of the donor or any product or service of the donor; or
"(C) naming rights to any unit of the National Park System or a National Park System facility, including a visitor center.
"(3)
"(A)
"(i) in a manner that is approved by the Secretary; and
"(ii) for a period of time, as determined by the Secretary, that is commensurate with the amount of the contribution and the life of the structure.
"(B)
"(C)
"(i) an advertising slogan; or
"(ii) a statement or credit promoting or opposing a political candidate or issue.
"(4)
"(A)
"(B)
"(C)
"(D)
"(E)
"(i) shall be freestanding; and
"(ii) shall not obstruct a natural or historical site or view.
"(5)
"(c)
"(d)
"(1) requires the Secretary to accept a donation; or
"(2) modifies section 145 of Public Law 108–108 ([former] 16 U.S.C. 1a–1 note [see 54 U.S.C. 100101 note]; 117 Stat. 1280)."
§101102. Authority to accept and use funds to consolidate Federal land ownership
(a)
(1) accept and use funds that may be donated in order to consolidate Federal land ownership within the existing boundaries of any System unit; and
(2) encourage the donation of funds for that purpose, subject to the condition that donated funds are to be expended for purposes of this section only if Federal funds in an amount equal to the amount of the donated funds are appropriated for the purposes of this section.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3119.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101102 | 16 U.S.C. 452a. | Aug. 31, 1954, ch. 1163, 68 Stat. 1037. |
In subsection (b), the words "not more than $500,000" are substituted for "such funds as may be necessary" and the text of 16 U.S.C. 45a (proviso) to eliminate unnecessary words.
SUBCHAPTER II—NATIONAL PARK FOUNDATION
§101111. Purpose and establishment of Foundation
To encourage private gifts of real and personal property, or any income from, or other interest in, the property, for the benefit of, or in connection with, the Service, its activities, or its services, and thereby to further the conservation of natural, scenic, historic, scientific, educational, inspirational, or recreational resources for future generations of Americans, there is established a charitable and nonprofit corporation to be known as the National Park Foundation to accept and administer those gifts.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3120.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101111 | 16 U.S.C. 19e. | Pub. L. 90–209, §1, Dec. 18, 1967, 81 Stat. 656. |
§101112. Board
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3120; Pub. L. 114–289, title IV, §401(1), Dec. 16, 2016, 130 Stat. 1488.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101112 | 16 U.S.C. 19f. | Pub. L. 90–209, §2, Dec. 18, 1967, 81 Stat. 656. |
In this section, the text of 16 U.S.C. 19f (2d and last sentences in last sentences) is omitted as obsolete.
In subsection (a), the words "ex officio" are omitted as unnecessary.
In subsection (b), the words "whose initial terms shall be staggered to assure continuity of administration. Thereafter" are omitted as obsolete.
Editorial Notes
Amendments
2016—Subsec. (a). Pub. L. 114–289, §401(1)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: "The National Park Foundation shall consist of a Board having as members the Secretary, the Director, and no fewer than 6 private citizens of the United States appointed by the Secretary."
Subsec. (c). Pub. L. 114–289, §401(1)(B), amended subsec. (c) generally. Prior to amendment, text read as follows: "The Secretary shall be the Chairman of the Board and the Director shall be the Secretary of the Board."
§101113. Gifts, devises, or bequests
(a)
(1)
(2)
(3)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3120; Pub. L. 114–289, title IV, §401(2), Dec. 16, 2016, 130 Stat. 1488.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101113(a)(1) | 16 U.S.C. 19g (1st sentence words before proviso). | Pub. L. 90–209, §3, Dec. 18, 1967, 81 Stat. 656. |
101113(a)(2) | 16 U.S.C. 19g (last sentence). | |
101113(b) | 16 U.S.C. 19g (1st sentence proviso). | |
101113(c) | 16 U.S.C. 19g (2d sentence). |
In subsection (c), the words "among other things" are omitted as unnecessary.
Editorial Notes
Amendments
2016—Subsec. (a)(2), (3). Pub. L. 114–289 added par. (2) and redesignated former par. (2) as (3).
§101114. Disposition of property or income
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3121.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101114 | 16 U.S.C. 19h. | Pub. L. 90–209, §4, Dec. 18, 1967, 81 Stat. 656; Pub. L. 106–176, title III, §305, Mar. 10, 2000, 114 Stat. 33. |
§101115. Corporate succession and powers and duties acting as trustee; personal liability for malfeasance
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3121.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101115 | 16 U.S.C. 19i. | Pub. L. 90–209, §5, Dec. 18, 1967, 81 Stat. 657. |
§101116. Corporate powers
The National Park Foundation shall have the power to enter into contracts, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3121.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101116 | 16 U.S.C. 19j. | Pub. L. 90–209, §6, Dec. 18, 1967, 81 Stat. 657. |
§101117. Authority of Board
In carrying out this chapter, the Board may—
(1) adopt bylaws and regulations necessary for the administration of its functions; and
(2) contract for any necessary services.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3121.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101117 | 16 U.S.C. 19k. | Pub. L. 90–209, §7, Dec. 18, 1967, 81 Stat. 657. |
§101118. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States
(a)
(b)
(1) contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay that government if it were not exempt from taxation by virtue of subsection (a) or by virtue of its being a charitable and nonprofit corporation; and
(2) agree to contribute with respect to property transferred to it and the income derived from the property if the agreement is a condition of the transfer.
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3122.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101118 | 16 U.S.C. 19l. | Pub. L. 90–209, §8, Dec. 18, 1967, 81 Stat. 657. |
In subsection (b), the words "in the discretion of its directors" are omitted as unnecessary.
§101119. Liability of United States
The United States shall not be liable for any debts, defaults, acts, or omissions of the National Park Foundation.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3122.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101119 | 16 U.S.C. 19m. | Pub. L. 90–209, §9, Dec. 18, 1967, 81 Stat. 657. |
§101120. Promotion of local fundraising support
(a)
(b)
(1) assist in the creation of local nonprofit support organizations; and
(2) provide support, national consistency, and management-improving suggestions for local nonprofit support organizations.
(c)
(1) shall include the greatest number of System units as is practicable; and
(2) at a minimum shall include—
(A) a standard adaptable organizational design format to establish and sustain responsible management of a local nonprofit support organization for support of a System unit;
(B) standard and legally tenable bylaws and recommended money-handling procedures that can easily be adapted as applied to individual System units; and
(C) a standard training curriculum to orient and expand the operating expertise of personnel employed by local nonprofit support organizations.
(d)
(e)
(1)
(A) a nonprofit support organization or friends group to modify current practices or to affiliate with the National Park Foundation; or
(B) a local nonprofit support organization, established as a result of this section, to be bound through its charter or corporate bylaws to be permanently affiliated with the National Park Foundation.
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3122.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101120 | 16 U.S.C. 19o. | Pub. L. 90–209, §11, as added Pub. L. 105–391, title VII, §701, Nov. 13, 1998, 112 Stat. 3520. |
§101121. Second Century Endowment for the National Park Service
(a)
(1)
(A) From amounts received by the United States each fiscal year from sales by the National Park Service of Federal Recreational Lands Passes under section 805(b)(1) of the Federal Lands Recreational Enhancement Act,1 $10,000,000 shall be deposited into the Endowment.
(B) In addition to deposits otherwise authorized, the Endowment shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation for such purpose.
(C) The National Park Foundation shall deposit any funds received for the Endowment in a federally insured interest-bearing account or may invest funds in appropriate security obligations, as directed by the Board of Directors.
(D) Any accrued interest or dividends earned on funds received for the Endowment shall be added to the principal and form a part of the Endowment.
(2)
(A) Except as provided in subparagraph (B), funds in the Endowment shall be available to the National Park Foundation as offsetting collections for projects and activities approved by the Secretary that further the mission and purposes of the Service.
(B) Gifts, devises, or bequests in the endowment under paragraph (1)(A), and any accrued interest or dividends earned thereon, shall be available to the National Park Foundation for projects and activities approved by the Secretary that further the mission and purposes of the Service.
(C) In administering the Endowment each fiscal year, the National Park Foundation shall be guided by the District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007 (D.C. Code §44–1631 et seq.), including section 44–1633 on expenditures.
(D) No Federal funds received for the Endowment may be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses.
(b)
(1) a statement of the amounts deposited in the Endowment during the fiscal year;
(2) the amount of the balance remaining in the Endowment at the end of the fiscal year; and
(3) a description of the sums and purposes of the expenditures made from the Endowment for the fiscal year.
(Added Pub. L. 114–289, title II, §202(a), Dec. 16, 2016, 130 Stat. 1485.)
Editorial Notes
References in Text
Section 805(b)(1) of the Federal Lands Recreational Enhancement Act, referred to in subsec. (a)(1)(A), probably means section 805(b)(1) of the Federal Lands Recreation Enhancement Act, which is section 805(b)(1) of Pub. L. 108–447, div. J, title VIII, Dec. 8, 2004, 118 Stat. 3385, and is classified to section 6804(b)(1) of Title 16, Conservation.
The District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007, referred to in subsec. (a)(2)(C), is the Act of Jan. 23, 2008, D.C. Law 17–69, 54 DCR 11650, which is not classified to the Code.
The date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 114–289, which was approved Dec. 16, 2016.
1 See References in Text note below.
§101122. Authorization of appropriations; use of funds
(a)
(b)
(1) may be advanced each fiscal year to the National Park Foundation in a lump sum without regard to when expenses are incurred;
(2) shall be provided to the National Park Foundation for use to match contributions (whether in currency, services, or property) made to the Foundation;
(3) may not be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses; and
(4) may not be deposited by the National Park Foundation into any fund that will be invested or earn interest in any way.
(Added Pub. L. 114–289, title IV, §402(a), Dec. 16, 2016, 130 Stat. 1488; Pub. L. 117–328, div. DD, title VI, §646, Dec. 29, 2022, 136 Stat. 5616.)
Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–328 substituted "$15,000,000" for "$5,000,000" and "2030" for "2023".
CHAPTER 1013—EMPLOYEES
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—SERVICE CAREER DEVELOPMENT, TRAINING, AND MANAGEMENT
SUBCHAPTER III—HOUSING IMPROVEMENT
SUBCHAPTER I—GENERAL PROVISIONS
§101301. Maintenance management system
The Service shall implement a maintenance management system in the maintenance and operations programs of the System. The system shall include the following elements:
(1) A workload inventory of assets including detailed information that quantifies for all assets (including buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of maintenance work performed.
(2) A set of maintenance tasks that describe the maintenance work in each System unit.
(3) A description of work standards including—
(A) frequency of maintenance;
(B) measurable quality standard to which assets should be maintained;
(C) methods for accomplishing work;
(D) required labor, equipment, and material resources; and
(E) expected worker production for each maintenance task.
(4) A work program and performance budget that develops an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task.
(5) A work schedule that identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources.
(6) Work orders specifying job authorizations and a record of work accomplished that can be used to record actual labor and material costs.
(7) Reports and special analyses that compare planned versus actual accomplishments and costs and that can be used to evaluate maintenance operations.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3123.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101301 | 16 U.S.C. 1a–8(a). | Pub. L. 98–540, §4(a), Oct. 24, 1984, 98 Stat. 2719; Pub. L. 103–437, §6(d)(1), Nov. 2, 1994, 108 Stat. 4583. |
§101302. Authority of Secretary to carry out certain activities
(a)
(b)
(1) the area is not adequately served by commercial transportation; and
(2) the transportation is incidental to official transportation services.
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3124.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101302(a) | 16 U.S.C. 1a–2 (matter before (a)). | Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
101302(b) | 16 U.S.C. 1a–2(a). | Pub. L. 91–383, §3(a), (b), (d), Aug. 18, 1970, 84 Stat. 826, 827; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. |
101302(c) | 16 U.S.C. 1a–2(b). | |
101302(d) | 16 U.S.C. 1a–2(d). | |
101302(e) | 16 U.S.C. 1a–2(i). | Pub. L. 91–383, §3(i), as added Pub. L. 94–458, §1(2), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, §118(2), (4), Mar. 10, 2000, 114 Stat. 28. |
§101303. Medical attention for employees
(a)
(b)
(1) moving the employees to hospitals or other places where medical assistance is available; and
(2) in case of death, to remove the bodies of deceased employees to the nearest place where they can be prepared for shipment or for burial.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3124.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101303(a) | 16 U.S.C. 11. | May 10, 1926, ch. 277, §1 (last undesignated par. under heading " |
101303(b) | 16 U.S.C. 13. | July 3, 1926, ch. 792, §2, 44 Stat. 900. |
§101304. Personal equipment and property
(a)
(b)
(c)
(1) require field employees of the Service to furnish horses, motor and other vehicles, and miscellaneous equipment necessary for the performance of their official work; and
(2) provide, at Federal Government expense, forage, care, and housing for animals, and housing or storage and fuel for vehicles and other equipment required to be furnished.
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3124.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101304(a) | 16 U.S.C. 17. | May 26, 1930, ch. 324, §§1, 7 to 9, 46 Stat. 381, 382. |
101304(b) | 16 U.S.C. 17f. | |
101304(c) | 16 U.S.C. 17g. | |
101304(d) | 16 U.S.C. 17h. |
§101305. Travel expenses of System employees and dependents of deceased employees
In the administration of the System, the Secretary may, under regulations the Secretary may prescribe, pay the travel expenses (including the costs of packing, crating, and transporting (including draying) personal property) of—
(1) employees, on permanent change of station of the employees; and
(2) dependents of deceased employees—
(A) to the nearest housing reasonably available that is of a standard not less than that which is vacated, including compensation for not to exceed 60 days rental cost, in the case of an employee who occupied Federal Government housing and whose death requires the housing to be promptly vacated; and
(B) to the nearest port of entry in the conterminous 48 States in the case of an employee whose last permanent station was outside the conterminous 48 States.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3125.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101305 | 16 U.S.C. 17j. | May 26, 1930, ch. 324, §11, 46 Stat. 383; Pub. L. 91–383, §5, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1939. |
SUBCHAPTER II—SERVICE CAREER DEVELOPMENT, TRAINING, AND MANAGEMENT
§101321. Service employee training
The Secretary shall develop a comprehensive training program for employees in all professional careers in the workforce of the Service for the purpose of ensuring that the workforce has available the best up-to-date knowledge, skills, and abilities with which to manage, interpret, and protect the resources of the System.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3125.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101321 | 16 U.S.C. 5912. | Pub. L. 105–391, title I, §102, Nov. 13, 1998, 112 Stat. 3498. |
§101322. Management development and training
The Secretary shall maintain a clear plan for management training and development under which career professional Service employees from any appropriate academic field may obtain sufficient training, experience, and advancement opportunity to enable those qualified to move into System unit management positions, including the position of superintendent of a System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3126.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101322 | 16 U.S.C. 5913. | Pub. L. 105–391, title I, §103, Nov. 13, 1998, 112 Stat. 3498. |
The word "maintain" is substituted for "Within 2 years after November 13, 1998 . . . develop" to eliminate obsolete words.
SUBCHAPTER III—HOUSING IMPROVEMENT
§101331. Definitions
In this subchapter:
(1)
(A) an employee of the Service who is exclusively assigned by the Service to perform duties at a field unit, and the members of the employee's family; and
(B) any other individual who is authorized to occupy Federal Government quarters under section 5911 of title 5, and for whom there is no feasible alternative to the provision of Federal Government housing, and the members of the individual's family.
(2)
(3)
(4)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3126.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101331 | 16 U.S.C. 17o(19). | Pub. L. 104–333, div. I, title VIII, §814(a)(19), Nov. 12, 1996, 110 Stat. 4194. |
The text of 16 U.S.C. 17o(19)(B) is omitted because the term "land management agency" is not used.
§101332. General authority of Secretary
(a)
(1) make available employee housing, on or off land under the administrative jurisdiction of the Service; and
(2) rent that housing to field employees at rates based on the reasonable value of the housing in accordance with requirements applicable under section 5911 of title 5.
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3126.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101332(a) | 16 U.S.C. 17o(2). | Pub. L. 104–333, div. I, title VIII, §814(a)(2), (17)(A), (B), Nov. 12, 1996, 110 Stat. 4190, 4193. |
101332(b) | 16 U.S.C. 17o(9). | Pub. L. 104–333, div. I, title VIII, §814(a)(9), Nov. 12, 1996, 110 Stat. 4191; Pub. L. 106–176, title I, §120(a)(1)(C), Mar. 10, 2000, 114 Stat. 28. |
101332(c) | 16 U.S.C. 17o(17)(A). | |
101332(d) | 16 U.S.C. 17o(17)(B). |
In subsection (a)(2), the words "or lease" are omitted to distinguish between leasing property and renting employee housing.
§101333. Criteria for providing housing
The Secretary shall maintain criteria under which housing is provided to employees of the Service. The Secretary shall examine the criteria with respect to the circumstances under which the Service requires an employee to occupy Federal Government quarters, so as to provide necessary services or protect Federal Government property or because of a lack of availability of non-Federal housing in a geographic area.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3127.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101333 | 16 U.S.C. 17o(3). | Pub. L. 104–333, div. I, title VIII, §814(a)(3), Nov. 12, 1996, 110 Stat. 4190. |
The words "The Secretary shall maintain" are substituted for "On November 12, 1996, the Secretary shall review and revise the existing", and the word "existing" is omitted, to eliminate obsolete words.
§101334. Authorization for housing agreements
The Secretary may, pursuant to the authorities contained in this subchapter and subject to the appropriation of necessary funds in advance, enter into housing agreements with housing entities under which the housing entities may develop, construct, rehabilitate, or manage housing, located on or off public land, for rent to Service employees who meet the housing eligibility criteria developed by the Secretary pursuant to this subchapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3127.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101334 | 16 U.S.C. 17o(6). | Pub. L. 104–333, div. I, title VIII, §814(a)(6), Nov. 12, 1996, 110 Stat. 4191; Pub. L. 106–176, title I, §120(a)(1)(A), Mar. 10, 2000, 114 Stat. 28. |
The words "For those units of the National Park System for which the review required by paragraphs (3) and (5) has been completed" are omitted as obsolete. The words "or lease" are omitted to distinguish between leasing property and renting employee housing.
§101335. Housing programs
(a)
(1)
(A) Federal land and interests in land to qualified persons for the construction of field employee quarters for any period not to exceed 50 years; and
(B) developed and undeveloped non-Federal land for providing field employee quarters.
(2)
(3)
(A) shall stipulate whether operation and maintenance of field employee quarters is to be provided by the lessee, field employees, or the Federal Government;
(B) shall require that the construction and rehabilitation of field employee quarters be done in accordance with the requirements of the Service and local applicable building codes and industry standards;
(C) shall contain additional terms and conditions as may be appropriate to protect the Federal interest, including limits on rents that the lessee may charge field employees for the occupancy of quarters, conditions on maintenance and repairs, and agreements on the provision of charges for utilities and other infrastructure; and
(D) may be granted at less than fair market value if the Secretary determines that the lease will improve the quality and availability of field employee quarters.
(4)
(b)
(1)
(2)
(A)
(i) the occupancy of more than 75 percent of the units constructed or rehabilitated under the lease; and
(ii) at a rental rate that exceeds the rate based on the reasonable value of the housing in accordance with requirements applicable under section 5911 of title 5.
(B)
(3)
(4)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3127.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101335(a) | 16 U.S.C. 17o(7). | Pub. L. 104–333, div. I, title VIII, §814(a)(7), Nov. 12, 1996, 110 Stat. 4190; Pub. L. 106–176, title I, §120(a)(1)(B), Mar. 10, 2000, 114 Stat. 28. |
101335(b) | 16 U.S.C. 17o(8). | Pub. L. 104–333, div. I, title VIII, §814(a)(8), Nov. 12, 1996, 110 Stat. 4192. |
§101336. Contracts for the management of field employee quarters
Subject to the appropriation of necessary funds in advance, the Secretary may enter into contracts of any duration for the management, repair, and maintenance of field employee quarters. The contract shall contain terms and conditions that the Secretary considers necessary or appropriate to protect the interests of the United States and ensure that necessary quarters are available to field employees.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3128.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101336 | 16 U.S.C. 17o(10). | Pub. L. 104–333, div. I, title VIII, §814(a)(10), Nov. 12, 1996, 110 Stat. 4192. |
§101337. Leasing of seasonal employee quarters
(a)
(1) the requirement for the seasonal field employee quarters is temporary; or
(2) leasing would be more cost-effective than construction of new seasonal field employee quarters.
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3128.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101337 | 16 U.S.C. 17o(11). | Pub. L. 104–333, div. I, title VIII, §814(a)(11), Nov. 12, 1996, 110 Stat. 4192; Pub. L. 106–176, title I, §120(a)(1)(D), Mar. 10, 2000, 114 Stat. 28. |
§101338. General leasing provisions
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3128.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101338(a) | 16 U.S.C. 17o(17)(C). | Pub. L. 104–333, div. I, title VIII, §814(a)(17)(C), Nov. 12, 1996, 110 Stat. 4194. |
101338(b) | 16 U.S.C. 17o(18). | Pub. L. 104–333, div. I, title VIII, §814(a)(18), Nov. 12, 1996, 110 Stat. 4191; Pub. L. 106–176, title I, §120(a)(1)(F), Mar. 10, 2000, 114 Stat. 28. |
§101339. Assessment and priority listing
The Secretary shall—
(1) complete a condition assessment for all field employee housing, including the physical condition of the housing and the necessity and suitability of the housing for carrying out the mission of the Service, using existing information; and
(2) develop a Service-wide priority listing, by structure, identifying the units in greatest need for repair, rehabilitation, replacement, or initial construction.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3129.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101339 | 16 U.S.C. 17o(12). | Pub. L. 104–333, div. I, title VIII, §814(a)(12), Nov. 12, 1996, 110 Stat. 4193. |
In paragraph (1), the words "mission of the Service" are substituted for "agency mission" because the provision applies only to the Service.
In paragraph (2), the word "Service-wide" is substituted for "agency-wide" because the provision applies only to the Service.
§101340. Use of funds
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3129.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101340(a) | 16 U.S.C. 17o(13). | Pub. L. 104–333, div. I, title VIII, §814(a)(13), Nov. 12, 1996, 110 Stat. 4193; Pub. L. 106–176, title I, §120(a)(1)(E), Mar. 10, 2000, 114 Stat. 28. |
101340(b) | 16 U.S.C. 17o(14). | Pub. L. 104–333, div. I, title VIII, §814(a)(14), Nov. 12, 1996, 110 Stat. 4193. |
In subsection (a), the word "Secretary" is substituted for "agency" to correct an error in the source provision because the provision only applies to the Service and the Secretary develops the priority listing.
In subsection (b), the words "for the first fiscal year after November 12, 1996, and . . . subsequent" are omitted as obsolete.
CHAPTER 1015—TRANSPORTATION
SUBCHAPTER I—AIRPORTS
SUBCHAPTER II—ROADS AND TRAILS
SUBCHAPTER III—PUBLIC TRANSPORTATION PROGRAMS FOR SYSTEM UNITS
SUBCHAPTER IV—FEES
SUBCHAPTER I—AIRPORTS
§101501. Airports in or near System units
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(A) acquire necessary land and interests in or over land;
(B) contract for the construction, improvement, operation, and maintenance of airports and incidental facilities;
(C) enter into agreements with other public agencies providing for the construction, operation, or maintenance of airports by those agencies or jointly by the Secretary and those agencies on mutually satisfactory terms; and
(D) enter into other agreements and take other action with respect to the airports as may be necessary to carry out this section.
(2)
(d)
(1) sponsor projects under subchapter I of chapter 471 of title 49 independently or jointly with other public agencies; and
(2) use, for payment of the sponsor's share of the project costs of those projects, any funds that may be—
(A) contributed or otherwise made available to the Secretary for those purposes; or
(B) appropriated or otherwise specifically authorized for that purpose.
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3129.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101501(a) | 16 U.S.C. 7e. | Mar. 18, 1950, ch. 72, §§1 through 5, 64 Stat. 27; Pub. L. 85–726, title XIV, §1402(e), Aug. 23, 1958, 72 Stat. 807; Pub. L. 89–763, Nov. 5, 1966, 80 Stat. 1313; Pub. L. 91–258, title I, §52(b)(1), May 21, 1970, 84 Stat. 235. |
101501(b) | 16 U.S.C. 7a. | |
101501(c) | 16 U.S.C. 7b. | |
101501(d) | 16 U.S.C. 7c. | |
101501(e) | 16 U.S.C. 7d. |
In subsections (a) and (d)(1), the words "subchapter I of chapter 471 of title 49" are substituted for "the Federal Airport Act". The Federal Airport Act was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Public Law 91–258, 84 Stat. 235), and the Airport and Airway Development Act of 1970 replaced the Federal Airport Act. The Airport and Airway Development Act of 1970 was repealed by section 523(a) of the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 695). The Airport and Airway Improvement Act of 1982, which replaced the Airport and Airway Development Act of 1970, was enacted as subchapter I of chapter 471 of title 49 by section 1(e) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1245).
In subsection (b)(2), the words "section 47103 of title 49" are substituted for "the Federal Airport Act". The Federal Airport Act was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Public Law 91–258, 84 Stat. 235). Section 12 of the Airport and Airway Development Act of 1970, which provided for a national airport system plan, was replaced by section 504 of the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 675). Section 504 was enacted as section 47103 of title 49 by section 1(e) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1251).
In subsection (c), the text of 16 U.S.C. 7b (last proviso) is omitted as obsolete.
In subsection (c)(2), the words "chief executive official of the" are added for clarity and for consistency in the new title.
In subsection (d)(2)(A), the words "(receipt of which funds and their use for such purposes is authorized)" are omitted as unnecessary.
SUBCHAPTER II—ROADS AND TRAILS
§101511. Authority of Secretary
(a)
(b)
(1)
(A)
(B)
(i)
(I) 60 miles in length between a System unit gateway and a point on or leading to the nearest convenient National Highway System road; or
(II) 30 miles in length if the approach road is on the National Highway System.
(ii)
(C)
(2)
(A)
(B)
(3)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3130.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101511(a) | 16 U.S.C. 8. | Apr. 9, 1924, ch. 86, §1, 43 Stat. 90. |
16 U.S.C. 8b (words after 6th comma and before semicolon, last proviso). | Apr. 9, 1924, ch. 86, §5, as added Jan. 31, 1931, ch. 79, 46 Stat. 1053. | |
101511(b)(1) | 16 U.S.C. 8a. | Apr. 9, 1924, ch. 86, §§4, 6, as added Jan. 31, 1931, ch. 79, 46 Stat. 1053, 1054. |
101511(b) (2)(A) | 16 U.S.C. 8b (words before 6th comma, words after semicolon and before 1st proviso). | |
101511(b) (2)(B) | 16 U.S.C. 8b (2d proviso). | |
101511(b)(3) | 16 U.S.C. 8c. | |
101511(c) | 16 U.S.C. 8b (1st proviso). |
In subsection (a), the text of 16 U.S.C. 8b (last proviso) and the words "in the administration of the National Park Service" in 16 U.S.C. 8 are omitted as unnecessary.
In subsection (b)(1)(A), the words "at least 90 percent" are substituted for "wholly or to the extent of 90 per centum" to eliminate unnecessary words. The words "National Highway System" are substituted for "Federal 7 per centum highway system" to reflect the current name of the system. See 23:101(a)(16).
In subsection (b)(2)(A), the words "during the fiscal years 1950 and 1951" and the text of 16 U.S.C. 8b (words after semicolon and before 1st proviso) are omitted as obsolete.
In subsection (c), the words "Secretary of Transportation" are substituted for "Secretary of Commerce" because the functions of the Secretary of Agriculture relating to Public Roads Administration were transferred to the Federal Works Administrator by Reorganization Plan No. 1 of 1939 (5 App. U.S.C.) and subsequently to the Administrator of General Services by section 103 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380) and the Secretary of Commerce and Secretary of Transportation by Reorganization Plan No. 7 of 1949 (5 App. U.S.C.), as amended by section 2(b) of Public Law 97–449 (96 Stat. 2439).
§101512. Conveyance to States of roads leading to certain historical areas
(a)
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3131.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101512(a) | 16 U.S.C. 8f. | June 3, 1948, ch. 401, §2, 62 Stat. 334; Aug. 1, 1956, ch. 852, §5, 70 Stat. 908. |
101512(b) through (d) | 16 U.S.C. 8e. | June 3, 1948, ch. 401, §1, 62 Stat. 334. |
In subsection (a), the words "Hawaii, Alaska" are omitted as obsolete.
In subsection (d), the words "is retroceded" are substituted for "shall thereby cease and determine" for clarity. The word "thereafter" is omitted as unnecessary.
SUBCHAPTER III—PUBLIC TRANSPORTATION PROGRAMS FOR SYSTEM UNITS
§101521. Transportation service and facility programs
(a)
(b)
(1)
(A) contract with public or private agencies or carriers to provide transportation services, capital equipment, or facilities to improve access to System units;
(B) operate those services directly in the absence of suitable and adequate agencies or carriers;
(C) acquire, by purchase, lease, or agreement, capital equipment for those services; and
(D) where necessary to carry out this subchapter, acquire, by lease, purchase, donation, exchange, or transfer, land, water, or an interest in land or water that is situated outside the boundary of a System unit.
(2)
(A)
(B)
(C)
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3132.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101521 | 16 U.S.C. 2302. | Pub. L. 95–344, title III, §302, Aug. 15, 1978, 92 Stat. 478; Pub. L. 103–437, §6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, §814(d)(1)(A), Nov. 12, 1996, 110 Stat. 4195. |
The text of 16 U.S.C. 2302(d) is omitted as superseded by 16 U.S.C. 5981, restated as section 101531 of the new title.
In subsection (d), the words "shall not be considered as concession facilities or services within the meaning of the Act of October 9, 1965 (79 Stat. 969)" are omitted as obsolete because that Act was repealed by section 415(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105–391, 112 Stat. 3515).
In subsection (e), the words "section 13506(a)(9)" are substituted for "section 10526(a)(9)" because of the general amendment of subtitle IV of title 49 by the ICC Termination Act of 1995 (Public Law 104–88, 109 Stat. 802), in which provisions comparable to section 10526(a)(9) were enacted as section 13506(a)(9) (109 Stat. 862). The words "section 10526(a)(9)" previously had been substituted for "section 203(b)(4) of the Interstate Commerce Act (49 U.S.C. 303(b)(4))" because of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat, 1466), the 1st section of which enacted subtitle IV of title 49.
Statutory Notes and Related Subsidiaries
Congressional Statement of Purpose
Pub. L. 95–344, title III, §301(b), Aug. 15, 1978, 92 Stat. 478, provided that "The purpose of this title [see Tables for classification] is to make the National Park System more accessible in a manner consistent with the preservation of parks and the conservation of energy by encouraging the use of transportation modes other than personal motor vehicles for access to and within units of the National Park System with minimum disruption to nearby communities through authorization of a pilot transportation program."
1 So in original. Probably should be "
§101522. Transportation projects
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3133.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101522 | 16 U.S.C. 2303. | Pub. L. 95–344, title III, §303, Aug. 15, 1978, 92 Stat. 479; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 103–437, §6(d)(18), Nov. 2, 1994, 108 Stat. 4584. |
Subsection (b) is substituted for 16 U.S.C. 2303(b) to eliminate obsolete words.
§101523. Procedures applicable to transportation plans and projects
(a)
(1) give public notice of intention to formulate the plan by publication in the Federal Register and in a newspaper or periodical having general circulation in the vicinity of the affected System unit; and
(2) following the notice, hold a public meeting at a location convenient to the affected System unit.
(b)
(1) establish procedures, including public meetings, to give State and local governments and the public adequate notice and an opportunity to comment on the proposed transportation project; and
(2) when the proposed project would involve an expenditure in excess of $100,000 in any fiscal year, submit a detailed report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3133.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101523 | 16 U.S.C. 2304. | Pub. L. 95–344, title III, §304, Aug. 15, 1978, 92 Stat. 479; Pub. L. 103–437, §6(d)(18), Nov. 2, 1994, 108 Stat. 4584. |
In subsection (c), the words "When a report on a project is required under subsection (b)(2)" are added for clarity. The words "implementation of the project" are substituted for "implementation of such plan", and the words "submission of the report" are substituted for "submission of the plan", for consistency.
§101524. Special rule for service contract to provide transportation services
Notwithstanding any other provision of law, a service contract entered into by the Secretary for the provision solely of transportation services in a System unit shall be not more than 10 years in length, including a base period of 5 years and annual extensions for up to an additional 5 years based on satisfactory performance and approval by the Secretary.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3134.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101524 | 16 U.S.C. 5961(a). | Pub. L. 105–391, title IV, §412(a), Nov. 13, 1998, 112 Stat. 3514; Pub. L. 106–113, div. B, §1000(a)(3) [title I, §143(1)], Nov. 29, 1999, 113 Stat. 1535, 1501A–171. |
SUBCHAPTER IV—FEES
§101531. Fee for use of transportation services
Notwithstanding any other provision of law, where the Service or an entity under a service contract, cooperative agreement, or other contractual agreement with the Service provides transportation to all or a portion of any System unit, the Secretary may impose a reasonable and appropriate charge to the public for the use of the transportation services in addition to any admission fee required to be paid. Collection of the transportation and admission fees may occur at the transportation staging area or any other reasonably convenient location determined by the Secretary. The Secretary may enter into agreements, with public or private entities that qualify to the Secretary's satisfaction, to collect the transportation and admission fee. Transportation fees collected pursuant to this section shall be retained by the System unit at which the transportation fee was collected, and the amount retained shall be expended only for costs associated with the transportation systems at the System unit where the charge was imposed.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3134.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101531 | 16 U.S.C. 5981. | Pub. L. 105–391, title IV, §501, Nov. 13, 1998, 112 Stat. 3518; Pub. L. 109–131, title I, §102(b), Dec. 20, 2005, 119 Stat. 2568. |
CHAPTER 1017—FINANCIAL AGREEMENTS
§101701. Challenge cost-share agreement authority
(a)
(1)
(2)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3134; Pub. L. 113–40, §10(c), Oct. 2, 2013, 127 Stat. 546.)
Amendment Not Shown in Text
This section was derived from section 1f of Title 16, Conservation, which was amended by Pub. L. 113–40, §10(c), Oct. 2, 2013, 127 Stat. 546. For applicability of that amendment to this section, see section 6(b) of Pub. L. 113–287, set out as a Transitional and Savings Provisions note preceding section 100101 of this title. Former section 1f of Title 16, which consisted of pars. (1) to (3) [restated in this section as subsecs. (a) to (c)], was amended by Pub. L. 113–40 by adding at the end the following new paragraphs:
"(4) AVAILABLE FUNDS.—Out of any amounts in the Treasury not otherwise appropriated, $20,000,000 shall be made available to the Secretary of the Interior for fiscal year 2018, and $30,000,000 shall be made available to the Secretary of the Interior for fiscal year 2019, without further appropriation and to remain available until expended, to pay the Federal funding share of challenge cost-share agreements for deferred maintenance projects and to correct deficiencies in National Park Service infrastructure.
"(5) COST-SHARE REQUIREMENT.—Not less than 50 percent of the total cost of project for funds made available under paragraph (4) to pay the Federal funding share shall be derived from non-Federal sources, including in-kind contribution of goods and services fairly valued."
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101701 | 16 U.S.C. 1f. | Pub. L. 104–333, div. I, title VIII, §814(g), Nov. 12, 1996, 110 Stat. 4199. |
§101702. Cooperative agreements
(a)
(b)
(1)
(A) enter into cooperative agreements with public or private educational institutions, States, and political subdivisions of States to develop adequate, coordinated, cooperative research and training programs concerning the resources of the System; and
(B) pursuant to an agreement, accept from and make available to the cooperator technical and support staff, financial assistance for mutually agreed upon research projects, supplies and equipment, facilities, and administrative services relating to cooperative research units that the Secretary considers appropriate.
(2)
(c)
(1) sell at fair market value, without regard to the requirements of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, products and services produced in the conduct of living exhibits and interpretive demonstrations in System units;
(2) enter into contracts, including cooperative arrangements, with respect to living exhibits and interpretive demonstrations in System units; and
(3) credit the proceeds from those sales and contracts to the appropriation bearing the cost of the exhibits and demonstrations.
(d)
(1)
(2)
(A) provide for—
(i) the preservation, conservation, and restoration of coastal and riparian systems, watersheds, and wetlands;
(ii) preventing, controlling, or eradicating invasive exotic species that are within a System unit or adjacent to a System unit; or
(iii) restoration of natural resources, including native wildlife habitat or ecosystems;
(B) include a statement of purpose demonstrating how the agreement will—
(i) enhance science-based natural resource stewardship at the System unit; and
(ii) benefit the parties to the agreement;
(C) specify any staff required and technical assistance to be provided by the Secretary or other parties to the agreement in support of activities inside and outside the System unit that will—
(i) protect natural resources of the System unit; and
(ii) benefit the parties to the agreement;
(D) identify any materials, supplies, or equipment and any other resources that will be contributed by the parties to the agreement or by other Federal agencies;
(E) describe any financial assistance to be provided by the Secretary or the partners to implement the agreement;
(F) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to support the purposes of natural resource stewardship at a System unit; and
(G) include such other terms and conditions as are agreed to by the Secretary and the other parties to the agreement.
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3135.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101702(a) | 16 U.S.C. 1g. | Pub. L. 104–208, div. A, title I, §101(d) [title I (3d undesignated par. under heading " |
101702(b) | 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(j). | Pub. L. 91–383, §3(j), as added Pub. L. 104–333, div. I, title VIII, §818, Nov. 12, 1996, 110 Stat. 4201; Pub. L. 106–176, title I, §118(5), Mar. 10, 2000, 114 Stat. 28. | |
101702(c) | 16 U.S.C. 1a–2 (matter before (a)). | |
16 U.S.C. 1a–2(g). | Pub. L. 91–383, §3(g), Aug. 18, 1970, 84 Stat. 827; Pub. L. 104–333, div. I, title VII, §703, Nov. 12, 1996, 110 Stat. 4185; Pub. L. 106–176, title I, §118(1), (2), Mar. 10, 2000, 114 Stat. 28. | |
101702(d) | 16 U.S.C. 1j(a) through (c). | Pub. L. 110–229, title III, subtitle A, §301(a) through (c), May 8, 2008, 122 Stat. 768. |
In subsection (a), 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 words "in fiscal year 1997 and thereafter" are omitted as obsolete. The words "for the public purpose of carrying out National Park Service programs" are omitted as unnecessary. The words "is a cooperative agreement properly entered into under section 6305 of title 31" are substituted for "pursuant to section 6305 of title 31" for clarity.
§101703. Cooperative management agreements
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3136.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101703 | 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(l). | Pub. L. 91–383, §3(l), as added Pub. L. 105–391, title VIII, §802(a), Nov. 13, 1998, 112 Stat. 3523. |
Statutory Notes and Related Subsidiaries
Authorizing Cooperative Management Agreements Between the District of Columbia and the Secretary of the Interior
Pub. L. 116–9, title II, §2403, Mar. 12, 2019, 133 Stat. 747, provided that: "The Secretary [of the Interior] may enter into a cooperative management agreement with the District of Columbia in accordance with section 101703 of title 54, United States Code."
§101704. Reimbursable agreements
(a)
(1) may record obligations against accounts receivable from those governments; and
(2) shall credit amounts received from those governments to the appropriate account.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3137.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101704 | 16 U.S.C. 1i. | Pub. L. 108–7, div. F, title I (proviso in last undesignated par. under heading " |
The words "Heretofore and hereafter" and "section 1341 of title 31 or" are omitted as unnecessary
CHAPTER 1019—CONCESSIONS AND COMMERCIAL USE AUTHORIZATIONS
SUBCHAPTER I—AUTHORITY OF SECRETARY
SUBCHAPTER II—COMMERCIAL VISITOR SERVICES
Editorial Notes
Codification
Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1492, added subchapter III of this chapter without corresponding amendment of chapter analysis. For analysis of subchapter III, see table of sections set out preceding section 101931 of this title.
SUBCHAPTER I—AUTHORITY OF SECRETARY
§101901. Utility services
To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may furnish, on a reimbursement of appropriation basis, all types of utility services to concessioners, contractors, permittees, or other users of the services, within the System. The reimbursements for cost of the services may be credited to the appropriation current at the time reimbursements are received.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3137.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101901 | 16 U.S.C. 1b (matter before (1)). | Aug. 8, 1953, ch. 384, §1 (matter before (1)), (4), 67 Stat. 495; Pub. L. 91–383, §2(a), Aug. 18, 1970, 84 Stat. 826. |
16 U.S.C. 1b(4). |
The words "and he may use applicable appropriations for the aforesaid system for the following purposes" are omitted as unnecessary.
SUBCHAPTER II—COMMERCIAL VISITOR SERVICES
§101911. Definitions
In this subchapter:
(1)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101911(1) | no source. | |
101911(2) | 16 U.S.C. 5952(7)(C). | Pub. L. 105–391, title IV, §403(7)(C), Nov. 13, 1998, 112 Stat. 3506. |
Statutory Notes and Related Subsidiaries
Savings Provision
Pub. L. 105–391, title IV, §419, Nov. 13, 1998, 112 Stat. 3517, provided that:
"(a)
"(b)
Alaska National Interest Lands Conservation Act
Pub. L. 105–391, title IV, §415(c), Nov. 13, 1998, 112 Stat. 3516, provided that: "Nothing in this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in sections 101911 et seq. and 101524 of this title, amending former sections 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and sections 100101 and 101912 of this title] amends, supersedes, or otherwise affects any provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-producing visitor services."
§101912. Findings and declaration of policy
(a)
(1) visitation will not unduly impair those resources and values; and
(2) development of public accommodations, facilities, and services within System units can best be limited to locations that are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System units.
(b)
(1) are necessary and appropriate for public use and enjoyment of the System unit in which they are located; and
(2) are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101912 | 16 U.S.C. 5951. | Pub. L. 105–391, title IV, §402, Nov. 13, 1998, 112 Stat. 3503. |
In subsection (a), the words "section 100101(a)" are substituted for "sections 1, 2, 3, and 4 of this title, which directs the Secretary to administer units of the National Park System in accordance with the fundamental purpose of conserving their scenery, wildlife, and natural and historic objects, and providing for their enjoyment in a manner that will leave them unimpaired for the enjoyment of future generations" to give a more precise cross reference because section 100101(a) of the new title is where that direction to the Secretary is restated.
Statutory Notes and Related Subsidiaries
Repeal of National Park Service Concessions Policy Act; Savings Provision
Pub. L. 105–391, title IV, §415(a), Nov. 13, 1998, 112 Stat. 3515, provided that: "Public Law 89–249 (commonly known as the National Park Service Concessions Policy Act; 16 U.S.C. 20 et seq.) is repealed. The repeal of such Act shall not affect the validity of any concessions contract or permit entered into under such Act, but the provisions of this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in sections 101911 et seq. and 101524 of this title, amending former sections 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and sections 100101 and 101911 of this title] shall apply to any such contract or permit except to the extent such provisions are inconsistent with the terms and conditions of any such contract or permit. References in this title to concessions contracts awarded under authority of such Act also apply to concessions permits awarded under such authority."
§101913. Award of concession contracts
In furtherance of the findings and policy stated in section 101912 of this title, and except as provided by this subchapter or otherwise authorized by law, the Secretary shall utilize concession contracts to authorize a person, corporation, or other entity to provide accommodations, facilities, and services to visitors to System units. Concession contracts shall be awarded as follows:
(1)
(2)
(A) shall publicly solicit proposals for the concession contract; and
(B) in connection with the solicitation, shall—
(i) prepare a prospectus and publish notice of its availability at least once in local or national newspapers or trade publications, by electronic means, or both, as appropriate; and
(ii) make the prospectus available on request to all interested persons.
(3)
(A) The minimum requirements for the contract as set forth in paragraph (4).
(B) The terms and conditions of any existing concession contract relating to the services and facilities to be provided, including all fees and other forms of compensation provided to the United States by the concessioner.
(C) Other authorized facilities or services that may be provided in a proposal.
(D) Facilities and services to be provided by the Secretary to the concessioner, including public access, utilities, and buildings.
(E) An estimate of the amount of compensation due an existing concessioner from a new concessioner under the terms of a prior concession contract.
(F) A statement as to the weight to be given to each selection factor identified in the prospectus and the relative importance of those factors in the selection process.
(G) Other information related to the proposed concession operation that is provided to the Secretary pursuant to a concession contract or is otherwise available to the Secretary, as the Secretary determines is necessary to allow for the submission of competitive proposals.
(H) Where applicable, a description of a preferential right to the renewal of the proposed concession contract held by an existing concessioner as set forth in paragraph (7).
(4)
(A)
(i) The minimum acceptable franchise fee or other forms of consideration to the Federal Government.
(ii) Any facilities, services, or capital investment required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the System unit.
(B)
(i) the person, corporation, or entity is not qualified or is not likely to provide satisfactory service; or
(ii) the proposal is not responsive to the objectives of protecting and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(C)
(D)
(5)
(A)
(i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of the person, corporation or entity in providing the same or similar facilities or services.
(iii) The financial capability of the person, corporation, or entity submitting the proposal.
(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities to the public at reasonable rates.
(B)
(C)
(6)
(A)
(B)
(7)
(A)
(B)
(C)
(8)
(A)
(i) Subject to subparagraph (B), concession contracts that solely authorize the provision of specialized backcountry outdoor recreation guide services that require the employment of specially trained and experienced guides to accompany System unit visitors in the backcountry so as to provide a safe and enjoyable experience for visitors who otherwise may not have the skills and equipment to engage in that activity.
(ii) Subject to subparagraph (C), concession contracts with anticipated annual gross receipts under $500,000.
(B)
(i)
(ii)
(I) the contract with the outfitting and guide concessioner does not grant the concessioner any interest, including any leasehold surrender interest or possessory interest, in capital improvements on land owned by the United States within a System unit, other than a capital improvement constructed by a concessioner pursuant to the terms of a concession contract prior to November 13, 1998, or constructed or owned by a concessioner or the concessioner's predecessor before the subject land was incorporated into the System;
(II) the Secretary determines that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
(III) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(C)
(i) the Secretary has determined that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
(ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(9)
(10)
(11)
(A)
(B)
(i) publication in the Federal Register of notice of the Secretary's intention to award the contract and the reasons for the action; and
(ii) submission of notice to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138; Pub. L. 114–289, title V, §502, Dec. 16, 2016, 130 Stat. 1490.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101913 | 16 U.S.C. 5952 (less (7)(C)). | Pub. L. 105–391, title IV, §403 (less (7)(C)), Nov. 13, 1998, 112 Stat. 3504. |
In paragraph (1), the words "entities seeking award of a concession contract" are substituted for "concessions contracts" for clarity.
In paragraph (2)(B)(i), the words "by electronic means" are substituted for "the Commerce Business Daily" to eliminate obsolete words. Federal Business Opportunities is the designated single point of universal electronic public access for publication of all procurement information and notices previously published in the Commerce Business Daily. See 66 Fed. Reg. 27407, May 16, 2001, 68 Fed. Reg. 56678, October 1, 2003, 48 CFR ch. 1, subch. B, part 5, and the special notice posted in CBDNet on December 28, 2001, and printed on January 2, 2002.
In paragraph (5)(C), the words "concession contract" are substituted for "concession, contracts" to correct an error in the source provision.
In paragraph (8)(B)(ii)(III), the word "concession" is added for consistency in this subchapter.
Editorial Notes
Amendments
2016—Par. (9). Pub. L. 114–289 amended par. (9) generally. Prior to amendment, text read as follows: "The Secretary shall not grant a preferential right to a concessioner to provide new or additional services in a System unit."
1 So in original. Probably should be "
§101914. Term of concession contracts
A concession contract entered into pursuant to this subchapter shall generally be awarded for a term of 10 years or less. The Secretary may award a contract for a term of up to 20 years if the Secretary determines that the contract terms and conditions, including the required construction of capital improvements, warrant a longer term.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3142.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101914 | 16 U.S.C. 5953. | Pub. L. 105–391, title IV, §404, Nov. 13, 1998, 112 Stat. 3508; Pub. L. 106–176, title III, §311, Mar. 10, 2000, 114 Stat. 34. |
§101915. Protection of concessioner investment
(a)
(1)
(2)
(A) the "Consumer Price Index—All Urban Consumers" published by the Bureau of Labor Statistics of the Department of Labor; or
(B) if the Index is not published, another regularly published cost-of-living index approximating the Consumer Price Index.
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(A)
(i) a reduction on an annual basis, in equal portions, over the same number of years as the time period associated with the straight line depreciation of the initial value (construction cost of the capital improvement), as provided by applicable Federal income tax laws and regulations in effect on November 12, 1998; or
(ii) an alternative formula that is consistent with the objectives of this subchapter.
(B)
(7)
(c)
(1)
(2)
(3)
(4)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3143.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101915(a) | 16 U.S.C. 5954(e). | Pub. L. 105–391, title IV, §405(a) through (e), Nov. 13, 1998, 112 Stat. 3508. |
101915(b) | 16 U.S.C. 5954(a). | |
101915(c)(1) through (3) | 16 U.S.C. 5954(b). | |
101915(c)(4) | 16 U.S.C. 5954 note. | Pub. L. 110–161, div. F, title I (1st paragraph under heading " |
101915(d), (e) | 16 U.S.C. 5954(c), (d). |
In subsection (b), before paragraph (1), the words "On and after November 13, 1998" are omitted as obsolete. In paragraph (6)(A), the words "Effective 9 years after November 13, 1998" are omitted as obsolete.
In subsection (c)(4), the words "For fiscal years 2008 and hereafter" are omitted as obsolete.
Editorial Notes
References in Text
The Act of October 9, 1965, known as the National Park Service Concessions Policy Act, referred to in subsec. (c)(1), is Pub. L. 89–249, Oct. 9, 1965, 79 Stat. 969, which enacted subchapter IV (§20 et seq.) of chapter 1 of Title 16, Conservation, and amended section 462 of Title 16, prior to being repealed by Pub. L. 105–391, title IV, §415(a), Nov. 13, 1998, 112 Stat. 3515.
§101916. Reasonableness of rates and charges
(a)
(b)
(1)
(A) Length of season.
(B) Peakloads.
(C) Average percentage of occupancy.
(D) Accessibility.
(E) Availability and costs of labor and materials.
(F) Type of patronage.
(2)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3145.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101916 | 16 U.S.C. 5955. | Pub. L. 105–391, title IV, §406, Nov. 13, 1998, 112 Stat. 3510. |
§101917. Franchise fees
(a)
(b)
(c)
(1)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3146.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101917 | 16 U.S.C. 5956. | Pub. L. 105–391, title IV, §407, Nov. 13, 1998, 112 Stat. 3511. |
§101918. Transfer or conveyance of concession contracts or leasehold surrender interests
(a)
(b)
(1) the individual, corporation, or other entity seeking to acquire a concession contract is not qualified or able to satisfy the terms and conditions of the concession contract;
(2) the transfer or conveyance would have an adverse impact on—
(A) the protection, conservation, or preservation of the resources of the System unit; or
(B) the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and
(3) the terms of the transfer or conveyance are likely, directly or indirectly, to—
(A) reduce the concessioner's opportunity for a reasonable profit over the remaining term of the concession contract;
(B) adversely affect the quality of facilities and services provided by the concessioner; or
(C) result in a need for increased rates and charges to the public to maintain the quality of the facilities and services.
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3147.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101918 | 16 U.S.C. 5957. | Pub. L. 105–391, title IV, §408, Nov. 13, 1998, 112 Stat. 3512. |
In subsection (b)(1), the word "other" is added for consistency in the subchapter. See section 101926 of the revised title.
§101919. National Park Service Concessions Management Advisory Board
(a)
(b)
(1)
(A) Policies and procedures intended to ensure that services and facilities provided by concessioners—
(i) are necessary and appropriate;
(ii) meet acceptable standards at reasonable rates with a minimum of impact on System unit resources and values; and
(iii) provide the concessioners with a reasonable opportunity to make a profit.
(B) Ways to make Service concession programs and procedures more cost effective, more process efficient, less burdensome, and timelier.
(2)
(A) The Service contracting with the private sector to conduct appropriate elements of concession management.
(B) Ways to make the review or approval of concessioner rates and charges to the public more efficient, less burdensome, and timelier.
(C) The nature and scope of products that qualify as Indian, Alaska Native, and Native Hawaiian handicrafts within the meaning of this subchapter.
(D) The allocation of concession fees.
(3)
(c)
(1) one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or food service management and experience in the parks and recreation concession business;
(2) one member shall be privately employed in the tourism industry;
(3) one member shall be privately employed in the accounting industry;
(4) one member shall be privately employed in the outfitting and guide industry;
(5) one member shall be a State government employee with expertise in park concession management;
(6) one member shall be active in promotion of traditional arts and crafts; and
(7) one member shall be active in a nonprofit conservation organization involved in parks and recreation programs.
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3147; Pub. L. 117–286, §4(a)(329), Dec. 27, 2022, 136 Stat. 4342.)
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)
(1)
(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)
(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)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3149.)
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.)
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.)
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)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
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)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
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)
(b)
(1)
(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)
(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)
(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)
(e)
(f)
(g)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
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. |
§101926. Regulations
(a)
(b)
(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.)
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.
§101931. Contract authority
(a)
(b)
(c)
(1)
(2)
(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)
(b)
(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)
(1) expenses necessary for the management, improvement, enhancement, operation, construction, and maintenance of commercial visitor services and facilities; and
(2) payment of possessory interest and leasehold surrender interest.
(b)
(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)
(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
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)
(1)
(2)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3152.)
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 " |
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.
§102102. Authority of Secretary to enter into lease for buildings and associated property
(a)
(b)
(c)
(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)
(1)
(A) payment of fair market value rental shall be required; and
(B) section 1302 of title 40 shall not apply.
(2)
(e)
(1)
(2)
(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)
(f)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3152.)
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. 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)
(b)
(c)
(1)
(2)
(3)
(4)
(d)
(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 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".
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)
(b)
(1)
(A) that are of demonstrated national significance; and
(B) that meet at least 2 of the criteria stated in paragraph (2).
(2)
(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)
(c)
(d)
(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)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3154.)
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.) |
1 So in original. Probably should be "
§102303. National Park System Advisory Board
(a)
(b)
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(1)
(2)
(3)
(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)
(5)
(6)
(e)
(f)
(g)
(1)
(2)
(h)
(i)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3155; Pub. L. 117–286, §4(a)(330), Dec. 27, 2022, 136 Stat. 4342.)
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 " |
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). | |
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)
(1)
(2)
(b)
(c)
(1)
(2)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3157.)
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.)
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), 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)
(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)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3157.)
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)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3158.)
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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
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)
(1)
(2)
(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)
(1)
(A) act as special police officers in System units when supplemental law enforcement personnel may be needed; and
(B) exercise the powers and authority provided by subparagraphs (A) to (D) of subsection (a)(2).
(2)
(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)
(4)
(A)
(B)
(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)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3159.)
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, 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)
(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)
(c)
(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)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3161.)
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.)
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)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3162.)
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)
"(b)
"(1) donations to the Fund; and
"(2) fees collected under subsection (a).
"(c)
"(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)
(b)
(1)
(2)
(3)
(4)
(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)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3162.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102901(a), (b) | 16 U.S.C. 460l–22(a), (b). | Pub. L. 90–401, §5(a), (b), July 15, 1968, 82 Stat. 356. |
102901(c) | 16 U.S.C. 460l–22(d). | 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)
(b)
(c)
(1)
(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)
(d)
(1)
(2)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3163.)
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 " |
16 U.S.C. 456a. | ||
103101(b) | 16 U.S.C. 14c. | June 28, 1941, ch. 259, §1 (41st undesignated paragraph under heading " |
103101(c) | 16 U.S.C. 14d. | Pub. L. 102–381, title I, (1st proviso in paragraph under heading " |
103101(d) | 16 U.S.C. 14e. | Pub. L. 107–63, title I, (paragraph under heading " |
103101(e) | 16 U.S.C. 15. | Mar. 7, 1928, ch. 137, §1 (28th undesignated paragraph under heading " |
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
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.)
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.)
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 " |
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.)
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 " |
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.)
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)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3165.)
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.)
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 " |
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 "
§103304. Recovery of land withheld
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
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.)
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
(a)
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
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
§103501. Establishment
(a)
(b)
(c)
(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)
(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)
(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)
(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
CHAPTER 1049—MISCELLANEOUS
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)
(b)
(1)
(2)
(A)
(B)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3167.)
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 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.)
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.)
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.)
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 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.)
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)
(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)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104906 | 16 U.S.C. 1a–7b (relating to National Park System). | Pub. L. 111–24, title V, §512 (relating 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.)
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)
(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)
(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)
(b)
(1) any training requirements or qualifications established by the Secretary; and
(2) any other terms and conditions that the Secretary may require.
(c)
(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)
"(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."
§120102. Establishment of National Heritage Area System
(a)
(b)
(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)
(1)
(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)
(A)
(i) considered to be a System unit; or
(ii) subject to the authorities applicable to System units.
(B)
(d)
(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.
Statutory Notes and Related Subsidiaries
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(l)(1), Mar. 15, 2022, 136 Stat. 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(l)(1), Mar. 15, 2022, 136 Stat. 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 MotorCities 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(l)(1), Mar. 15, 2022, 136 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. 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(l)(1), Mar. 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(l)(1), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117–339, §§5(a)(30), 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(l)(1), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117–339, §5(a)(26), Jan. 5, 2023, 136 Stat. 6169. |
MotorCities 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 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(l)(1), Mar. 15, 2022, 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, 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), (o), Mar. 15, 2022, 136 Stat. 378, 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(l)(2), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117–339, §5(a)(28), Jan. 5, 2023, 136 Stat. 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. |
Blackstone River Valley National Heritage Corridor (see John H. Chafee Blackstone River Valley National Heritage Corridor, Massachusetts and Rhode Island). |
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(l)(1), (q), Mar. 15, 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), 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. |
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. |
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(l)(1), Mar. 15, 2022, 136 Stat. 378; Pub. L. 117–339, §5(a)(29), Jan. 5, 2023, 136 Stat. 6169. |
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 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)
(1)
(2)
(A)
(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)
(3)
(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
(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)
(A)
(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)
(i)
(ii)
(b)
(Added Pub. L. 117–339, §2(a), Jan. 5, 2023, 136 Stat. 6159.)
§120104. Evaluation
(a)
(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)
(1) assess the progress of the applicable local coordinating entity of a National Heritage Area 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)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200101 | 16 U.S.C. 460l. | Pub. L. 88–29, §1, May 28, 1963, 77 Stat. 49. |
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:
(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.
(a) Outreach. The Initiative shall conduct listening and learning sessions around the country where land and waters are being conserved and community parks are being established in innovative ways. These sessions 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) Interagency Coordination. The following agencies shall work with the Initiative to identify existing 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) Reports. The Initiative shall submit, through the Chair of the CEQ, the following reports to the 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.
(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)
(2)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200102 | 16 U.S.C. 460l–3. | 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)
(b)
(c)
(d)
(e)
(f)
(g)
(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)
(1)
(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)
(i)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3170.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200103 | 16 U.S.C. 460l–1. | 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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200104 | 16 U.S.C. 460l–2. | 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
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)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3171.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200301(1) | no source. | |
200301(2) | 16 U.S.C. 460l–8(b)(5) (last 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)
(b)
(1) All proceeds (except so much thereof as may be otherwise obligated, credited, or paid under authority of the provisions of law set forth in section 572(a) or 574(a) to (c) of title 40 or under authority of any appropriation Act that appropriates an amount, to be derived from proceeds from the transfer of excess property and the disposal of surplus property, for necessary expenses, not otherwise provided for, incident to the utilization and disposal of excess and surplus property) received from any disposal of surplus real property and related personal property under chapter 5 of title 40, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Nothing in this chapter shall affect existing laws or regulations concerning disposal of real or personal surplus property to schools, hospitals, and States and their political subdivisions.
(2) The amounts provided for in section 200310 of this title.
(c)
(1)
(2)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200302 | 16 U.S.C. 460l–5. | 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 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:
(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.
(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.
(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."
(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.
(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.
Lyndon B. Johnson.
§200303. Availability of funds
(a)
(b)
(c)
(1)
(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)
(A)
(B)
(i)
(ii)
(3)
(4)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3172; Pub. L. 116–152, §3(a), Aug. 4, 2020, 134 Stat. 686.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200303 | 16 U.S.C. 460l–6. | 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 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. 117–328, div. G, title IV, §431(a)–(c), Dec. 29, 2022, 136 Stat. 4827, 4828, provided that:
"(a)(1) Within 45 days of enactment of this Act [Dec. 29, 2022], the Secretary of the Interior shall allocate amounts made available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2023 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 2023' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [136 Stat. 4462].
"(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 2023 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 2023' 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: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts 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 2023' 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 2023' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [136 Stat. 4462]; 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, 2022 (Public Law 117–103) [136 Stat. 419]."
Similar provisions were contained in the following appropriation act:
Pub. L. 117–103, div. G, title IV, §431(a)–(c), Mar. 15, 2022, 136 Stat. 416, 417.
Executive Documents
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:
(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.
(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)
(b)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200304 | 16 U.S.C. 460l–7. | 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.
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)
(1) Planning.
(2) Acquisition of land, water, or interests in land or water.
(3) Development.
(b)
(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)
(d)
(1)
(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)
(3)
(4)
(e)
(1)
(2)
(A)
(B)
(i) the owner shall be deemed to have waived any benefits under sections 203 to 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4623 to 4626); and
(ii) for the purposes of those sections the owner shall not be deemed to be a displaced person as defined in section 101 of that Act (42 U.S.C. 4601).
(3)
(f)
(1)
(2)
(3)
(4)
(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)
(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)
(i)
(j)
(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)
(1)
(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)
(3)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200305 | 16 U.S.C. 460l–8(less (b)(5) (last sentence)). | Pub. L. 88–578, title I, §6, formerly §5(less (b)(5) (last sentence)), Sept. 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)
(1)
(2)
(A)
(i) a System unit authorized or established; and
(ii) an area authorized to be administered by the Secretary for outdoor recreation purposes.
(B)
(i)
(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)
(C)
(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)
(4)
(b)
(c)
(1)
(A) an amount equal to 3 percent of those amounts; or
(B) $15,000,000.
(2)
(d)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200306 | 16 U.S.C. 460l–9(a), (b). | 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).
§200307. Availability of Fund amounts for publicity purposes
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3179.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200307 | 16 U.S.C. 460l–10. | 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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200308 | 16 U.S.C. 460l–10a. | 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
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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200309 | 16 U.S.C. 460l–10b. | 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)
(b)
(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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
200310 | 16 U.S.C. 460l–11. | 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. 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 RESTORATION FUND
§200401. Definitions
In this chapter:
(1)
(A) has a specific service or function; and
(B) is tracked and managed as a distinct, identifiable entity by the applicable covered agency.
(2)
(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)
(4)
(Added Pub. L. 116–152, §2(a), Aug. 4, 2020, 134 Stat. 682.)
§200402. National Parks and Public Land Legacy Restoration Fund
(a)
(b)
(1)
(2)
(3)
(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.
(c)
(d)
(1)
(2)
(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)
(e)
(1)
(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)
(A)
(B)
(C)
(f)
(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)
(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)
(i)
(1)
(2)
(A)
(B)
(j)
(1)
(A) to reduce the deferred maintenance backlog; and
(B) to encourage relevant public-private partnerships.
(2)
(A) credited to, and form a part of, the Fund; and
(B) allocated to the covered agency for which the donation was made.
(3)
(k)
(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, 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 431(a)–(c) of div. G of Pub. L. 117–328, 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)
(A)
(B)
(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)
(2)
(A) a city, county, town, township, village, or other general purpose political subdivision of a State; and
(B) the District of Columbia.
(3)
(4)
(5)
(6)
(A)
(B)
(i) encourage public definition of goals; and
(ii) develop priorities and strategies for overall recreation system recovery.
(7)
(8)
(9)
(A)
(B)
(i) a park authority;
(ii) a park, conservation, water, or sanitary district; and
(iii) a school district.
(10)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3180.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
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)
(b)
(c)
(1)
(A) population;
(B) condition of existing recreation areas and facilities;
(C) demonstrated deficiencies in access to neighborhood recreation opportunities, particularly for minority and low- and moderate-income residents;
(D) public participation in determining rehabilitation or development needs;
(E) the extent to which a project supports or complements target activities undertaken as part of a local government's overall community development and urban revitalization program;
(F) the extent to which a proposed project would provide—
(i) employment opportunities for minorities, youth, and low- and moderate-income residents in the project neighborhood;
(ii) for participation of neighborhood, nonprofit, or tenant organizations in the proposed rehabilitation activity or in subsequent maintenance, staffing, or supervision of recreation areas and facilities; or
(iii) both; and
(G) the amount of State and private support for a project as evidenced by commitments of non-Federal resources to project construction or operation.
(2)
(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)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3181.)
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 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)
(b)
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3183.)
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.
1 So in original. Probably should be "transferee".
§200504. Recovery action programs
(a)
(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)
(c)
(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)
(e)
(f)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3183.)
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)
(b)
(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.)
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)
(1)
(2)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3185.)
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.)
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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
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)
(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)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3186.)
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.)
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.
§200511. Funding limitations
(a)
(b)
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3187.)
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
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.)
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:
(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.
(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 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.)
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. 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.)
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.)
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.)
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. |
§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.)
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.)
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.)
Revised 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.)
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.)
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.)
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.)
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.)
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.)
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. |
§300314. Native Hawaiian organization
(a)
(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)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3190.)
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.)
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.)
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 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.)
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.)
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, 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.)
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.)
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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
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.)
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 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)
"(b)
"(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)
"(1)
"(2)
"(3)
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
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)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3191.)
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—
(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.)
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)
(b)
(c)
(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)
(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.)
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
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)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3193.)
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.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3193.)
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.)
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
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.)
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.)
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, 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)
(b)
(c)
(d)
(1)
(A) establishes and maintains substantially similar accountability standards; and
(B) provides for independent professional peer review.
(2)
(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.)
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 Stat. 2990; Pub. L. 102–575, title XL, §4004(1), Oct. 30, 1992, 106 Stat. 4753. |
1 So in original. Probably should be "
§302303. Responsibilities of State Historic Preservation Officer
(a)
(b)
(1) in cooperation with Federal and State agencies, local governments, and private organizations and individuals, direct and conduct a comprehensive statewide survey of historic property and maintain inventories of the property;
(2) identify and nominate eligible property to the National Register and otherwise administer applications for listing historic property on the National Register;
(3) prepare and implement a comprehensive statewide historic preservation plan;
(4) administer the State program of Federal assistance for historic preservation within the State;
(5) advise and assist, as appropriate, Federal and State agencies and local governments in carrying out their historic preservation responsibilities;
(6) cooperate with the Secretary, the Council, other Federal and State agencies, local governments, and private organizations and individuals to ensure that historic property is taken into consideration at all levels of planning and development;
(7) provide public information, education, and training and technical assistance in historic preservation;
(8) cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified pursuant to chapter 3025;
(9) consult with appropriate Federal agencies in accordance with this division on—
(A) Federal undertakings that may affect historic property; and
(B) the content and sufficiency of any plans developed to protect, manage, or reduce or mitigate harm to that property; and
(10) advise and assist in the evaluation of proposals for rehabilitation projects that may qualify for Federal assistance.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3195.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302303 | 16 U.S.C. 470a(b)(3). | Pub. L. 89–665, title I, §101(b)(3), 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. 2991; Pub. L. 102–575, title XL, §4004(2), Oct. 30, 1992, 106 Stat. 4754. |
In paragraph (6) of subsection (b), the word "private" is added before "organizations" for consistency with paragraph (1).
§302304. Contracts and cooperative agreements
(a)
(b)
(1)
(A)
(i) Identification and preservation of historic property.
(ii) Determination of the eligibility of property for listing on the National Register.
(iii) Preparation of nominations for inclusion on the National Register.
(iv) Maintenance of historical and archeological data bases.
(v) Evaluation of eligibility for Federal preservation incentives.
(B)
(2)
(A) the State Historic Preservation Officer has requested the additional responsibility;
(B) the Secretary has approved the State historic preservation program pursuant to sections 302301 and 302302 of this title;
(C) the State Historic Preservation Officer agrees to carry out the additional responsibility in a timely and efficient manner acceptable to the Secretary and the Secretary determines that the Officer is fully capable of carrying out the responsibility in that manner;
(D) the State Historic Preservation Officer agrees to permit the Secretary to review and revise, as appropriate in the discretion of the Secretary, decisions made by the Officer pursuant to the contract or cooperative agreement; and
(E) the Secretary and the State Historic Preservation Officer agree on the terms of additional financial assistance to the State, if there is to be any, for the costs of carrying out that responsibility.
(3)
(4)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3196.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302304 | 16 U.S.C. 470a(b)(4). | Pub. L. 89–665, title I, §101(b)(4), 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. 2991. |
16 U.S.C. 470a(b)(6). | Pub. L. 89–665, title I, §101(b)(6), as added Pub. L. 102–575, title XL, §4004(4), Oct. 30, 1992, 106 Stat. 4754. |
CHAPTER 3025—CERTIFICATION OF LOCAL GOVERNMENTS
§302501. Definitions
In this chapter:
(1)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3197.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302501 | 16 U.S.C. 470a(c)(4). | Pub. L. 89–665, title I, §101(c)(4), as added Pub. L. 102–575, title XL, §4005, Oct. 30, 1992, 106 Stat. 4755. |
§302502. Certification as part of State program
Any State program approved under this subdivision shall provide a mechanism for the certification by the State Historic Preservation Officer of local governments to carry out the purposes of this division and provide for the transfer, in accordance with section 302902(c)(4) of this title, of a portion of the grants received by the States under this division, to those local governments.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3197.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302502 | 16 U.S.C. 470a(c)(1) (1st sentence). | Pub. L. 89–665, title I, §101(c)(1) (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. 2991. |
§302503. Requirements for certification
(a)
(1) enforces appropriate State or local legislation for the designation and protection of historic property;
(2) has established an adequate and qualified historic preservation review commission by State or local legislation;
(3) maintains a system for the survey and inventory of historic property that furthers the purposes of chapter 3023;
(4) provides for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register; and
(5) satisfactorily performs the responsibilities delegated to it under this division.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3197.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302503 | 16 U.S.C. 470a(c)(1) (2d, last sentences). | Pub. L. 89–665, title I, §101(c)(1) (2d, last sentences), 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. 2991. |
In subsection (b), the words "State program approved under section 302302 of this title" are substituted for "approved State program" for clarity.
§302504. Participation of certified local governments in National Register nominations
(a)
(b)
(c)
(1)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3198.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302504 | 16 U.S.C. 470a(c)(2). | Pub. L. 89–665, title I, §101(c)(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. 2992. |
§302505. Eligibility and responsibility of certified local government
Any local government—
(1) that is certified under this chapter shall be eligible for funds under section 302902(c)(4) of this title; and
(2) that is certified, or making efforts to become certified, under this chapter shall carry out any responsibilities delegated to it in accordance with such terms and conditions as the Secretary considers necessary or advisable.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3198.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302505 | 16 U.S.C. 470a(c)(3). | Pub. L. 89–665, title I, §101(c)(3), 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. 2992. |
The words "or which is making efforts to become so certified" are omitted in paragraph (1) for consistency with section 302902(c)(4) of the new title.
CHAPTER 3027—HISTORIC PRESERVATION PROGRAMS AND AUTHORITIES FOR INDIAN TRIBES AND NATIVE HAWAIIAN ORGANIZATIONS
§302701. Program to assist Indian tribes in preserving historic property
(a)
(b)
(1) ensure that all types of historic property and all public interests in historic property are given due consideration; and
(2) encourage coordination among Indian tribes, State Historic Preservation Officers, and Federal agencies in historic preservation planning and in the identification, evaluation, protection, and interpretation of historic property.
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3199.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302701 | 16 U.S.C. 470a(d)(1). | Pub. L. 89–665, title I, §101(d)(1), as added Pub. L. 102–575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4755. |
In subsection (e), the words "and initiate the program under subparagraph (A) by not later than October 1, 1994" are omitted as obsolete.
1 So in original. Probably should be "Preservation".
§302702. Indian tribe to assume functions of State Historic Preservation Officer
An Indian tribe may assume all or any part of the functions of a State Historic Preservation Officer in accordance with sections 302302 and 302303 of this title, with respect to tribal land, as those responsibilities may be modified for tribal programs through regulations issued by the Secretary, if—
(1) the Indian tribe's chief governing authority so requests;
(2) the Indian tribe designates a tribal preservation official to administer the tribal historic preservation program, through appointment by the Indian tribe's chief governing authority or as a tribal ordinance may otherwise provide;
(3) the tribal preservation official provides the Secretary with a plan describing how the functions the tribal preservation official proposes to assume will be carried out;
(4) the Secretary determines, after consulting with the Indian tribe, the appropriate State Historic Preservation Officer, the Council (if the Indian tribe proposes to assume the functions of the State Historic Preservation Officer with respect to review of undertakings under section 306108 of this title), and other Indian tribes, if any, whose tribal or aboriginal land may be affected by conduct of the tribal preservation program, that—
(A) the tribal preservation program is fully capable of carrying out the functions specified in the plan provided under paragraph (3);
(B) the plan defines the remaining responsibilities of the Secretary and the State Historic Preservation Officer; and
(C) the plan provides, with respect to properties neither owned by a member of the Indian tribe nor held in trust by the Secretary for the benefit of the Indian tribe, at the request of the owner of the properties, that the State Historic Preservation Officer, in addition to the tribal preservation official, may exercise the historic preservation responsibilities in accordance with sections 302302 and 302303 of this title; and
(5) based on satisfaction of the conditions stated in paragraphs (1), (2), (3), and (4), the Secretary approves the plan.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3199.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302702 | 16 U.S.C. 470a(d)(2) | Pub. L. 89–665, title I, §101(d)(2), as added Pub. L. 102–575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4756; Pub. L. 106—208, §5(a)(1), May 26, 2000, 114 Stat. 318. |
§302703. Apportionment of grant funds
In consultation with interested Indian tribes, other Native American organizations, and affected State Historic Preservation Officers, the Secretary shall establish and implement procedures for carrying out section 302902(c)(1)(A) of this title with respect to tribal programs that assume responsibilities under section 302702 of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3200.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302703 | 16 U.S.C. 470a(d)(3). | Pub. L. 89–665, title I, §101(d)(3), as added Pub. L. 102–575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4756. |
§302704. Contracts and cooperative agreements
At the request of an Indian tribe whose preservation program has been approved to assume functions and responsibilities pursuant to section 302702 of this title, the Secretary shall enter into a contract or cooperative agreement with the Indian tribe permitting the assumption by the Indian tribe of any part of the responsibilities described in section 302304(b) of this title on tribal land, if—
(1) the Secretary and the Indian tribe agree on additional financial assistance, if any, to the Indian tribe for the costs of carrying out those authorities;
(2) the Secretary finds that the tribal historic preservation program has been demonstrated to be sufficient to carry out the contract or cooperative agreement and this division; and
(3) the contract or cooperative agreement specifies the continuing responsibilities of the Secretary or of the appropriate State Historic Preservation Officers and provides for appropriate participation by—
(A) the Indian tribe's traditional cultural authorities;
(B) representatives of other Indian tribes whose traditional land is under the jurisdiction of the Indian tribe assuming responsibilities; and
(C) the interested public.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3200.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302704 | 16 U.S.C. 470a(d)(4). | Pub. L. 89–665, title I, §101(d)(4), as added Pub. L. 102–575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4757. |
§302705. Agreement for review under tribal historic preservation regulations
The Council may enter into an agreement with an Indian tribe to permit undertakings on tribal land to be reviewed under tribal historic preservation regulations in place of review under regulations promulgated by the Council to govern compliance with section 306108 of this title, if the Council, after consultation with the Indian tribe and appropriate State Historic Preservation Officers, determines that the tribal preservation regulations will afford historic property consideration equivalent to that afforded by the Council's regulations.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3201.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302705 | 16 U.S.C. 470a(d)(5). | Pub. L. 89–665, title I, §101(d)(5), as added Pub. L. 102–575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4757. |
§302706. Eligibility for inclusion on National Register
(a)
(b)
(c)
(1) consult with Native Hawaiian organizations in assessing the cultural significance of any property in determining whether to nominate the property to the National Register;
(2) consult with Native Hawaiian organizations in developing the cultural component of a preservation program or plan for the property; and
(3) enter into a memorandum of understanding or agreement with Native Hawaiian organizations for the assessment of the cultural significance of a property in determining whether to nominate the property to the National Register and to carry out the cultural component of the preservation program or plan.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3201.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302706 | 16 U.S.C. 470a(d)(6). | Pub. L. 89–665, title I, §101(d)(6), as added Pub. L. 102–575, title XL, §4006(a)(2), Oct. 30, 1992, 106 Stat. 4757. |
CHAPTER 3029—GRANTS
§302901. Awarding of grants and availability of grant funds
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3202.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302901(a) | 16 U.S.C. 470b(a) (1st sentence paragraph (1)). | Pub. L. 89–665, title I, §102(a) (1st sentence paragraph (1)), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, §201(1), Sept. 28, 1976, 90 Stat. 1319. |
302901(b) | 16 U.S.C. 470b(a) (last sentence). | Pub. L. 89–665, title I, §102(a) (last sentence), as added Pub. L. 96–515, title II, §202(b), Dec. 12, 1980, 94 Stat. 2993; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095. |
302901(c) | 16 U.S.C. 470b(d) (relating to availability). | Pub. L. 89–665, title I, §102(d) (relating to availability), as added Pub. L. 102–575, title XL, §4009(3), Oct. 30, 1992, 106 Stat. 4759. |
In subsection (b), the words "Notwithstanding any other provision of law" are omitted as unnecessary.
§302902. Grants to States
(a)
(b)
(1) In general 1.—No grant may be made under this division—
(A) unless the application is in accordance with the comprehensive statewide historic preservation plan that has been approved by the Secretary after considering its relationship to the comprehensive statewide outdoor recreation plan prepared pursuant to chapter 2003 of this title;
(B) unless the grantee has agreed to make reports, in such form and containing such information, as the Secretary may from time to time require;
(C) unless the grantee has agreed to assume, after completion of the project, the total cost of the continued maintenance, repair, and administration of the property in a manner satisfactory to the Secretary; or
(D) until the grantee has complied with such further terms and conditions as the Secretary may consider necessary or advisable.
(2)
(3)
(A)
(B)
(4)
(c)
(1)
(A) for the purposes of this division shall be apportioned among the States by the Secretary on the basis of needs as determined by the Secretary; and
(B) for projects and programs under this division for each fiscal year shall be apportioned among the States as the Secretary determines to be appropriate.
(2)
(3)
(4)
(5)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3202.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302902(a) | 16 U.S.C. 470a(e)(1). | Pub. L. 89–665, title I, §101(e)(1), formerly §101(d)(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, 1980, 94 Stat. 92; Pub. L. 96–515, title II, §201(a), Dec. 12, 1980, 94 Stat. 2992; redesignated as §101(e)(1) and amended, Pub. L. 102–575, title XL, §§4006(a)(1), 4007(1), Oct. 30, 1992, 106 Stat. 4755, 4758. |
302902(b)(1) | 16 U.S.C. 470b(a) (1st sentence paragraphs (2), (4) through (6)). | Pub. L. 89–665, title I, §102(a) (1st sentence paragraphs (2), (4) through (6), (d) (relating to remaining cost of project)), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, §201(1), Sept. 28, 1976, 90 Stat. 1319. |
302902(b)(2) | 16 U.S.C. 470b(b). | Pub. L. 89–665, title I, §102(b), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, §201(1), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 102–575, title XL, §4009(2), Oct. 30, 1992, 106 Stat. 4759. |
302902(b) (3)(A) | 16 U.S.C. 470b(a) (1st sentence paragraph (3)). | Pub. L. 89–665, title I, §102(a) (1st sentence paragraph (3)), Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, §201(1), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 96–515, title II, §202(a), Dec. 12, 1980, 94 Stat. 2993; Pub. L. 102–575, title XL, §4009(1), Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106–208, §5(a)(5), May 26, 2000, 114 Stat. 318. |
302902(b) (3)(B) | 16 U.S.C. 470b(a) (2d sentence). | Pub. L. 89–665, title I, §102(a) (2d sentence), as added Pub. L. 96–515, title II, §202(b), Dec. 12, 1980, 94 Stat. 2993. |
302902(b)(4) | 16 U.S.C. 470b(d) (relating to remaining cost of project). | |
302902(c) | 16 U.S.C. 470c. | Pub. L. 89–665, title I, §103, Oct. 15, 1966, 80 Stat. 916; Pub. L. 94–422, title II, §201(2), Sept. 28, 1976, 90 Stat. 1319; Pub. L. 96–515, title II, §203, Dec. 12, 1980, 94 Stat. 2993; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–575, title XL, §4010, Oct. 30, 1992, 106 Stat. 4759; Pub. L. 106–208, §5(a)(6), May 26, 2000, 114 Stat. 318. |
302902(d) | 16 U.S.C. 470b(e). | Pub. L. 89–665, title I, §102(e), as added Pub. L. 102–575, title XL, §4009(3), Oct. 30, 1992, 106 Stat. 4759. |
In subsection (b)(4), the words "non-Federal share of the" are substituted for "remaining" for clarity.
1 So in original. Probably should be "
§302903. Grants to National Trust
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3203.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302903(a) | 16 U.S.C. 470a(e)(2). | Pub. L. 89–665, title I, §101(e)(2), formerly §101(d)(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. 2992; redesignated as §101(e)(2), Pub. L. 102–575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4755; Pub. L. 106–208, §5(a)(2), May 26, 2002, 114 Stat. 318. |
302903(b) | 16 U.S.C. 470b–1. | Pub. L. 89–754, title VI, §603, Nov. 3, 1980, 80 Stat. 1278. |
In subsection (a), the words "chartered by sections 468 to 468d of this title" are omitted as unnecessary.
In subsection (b), the text of 16 U.S.C. 470b–1(b) is omitted as unnecessary.
§302904. Direct grants for the preservation of properties included on National Register
(a)
(b)
(c)
(1)
(A) for the preservation of—
(i) National Historic Landmarks that are threatened with demolition or impairment; and
(ii) historic property of World Heritage significance;
(B) for demonstration projects that will provide information concerning professional methods and techniques having application to historic property;
(C) for the training and development of skilled labor in trades and crafts, and in analysis and curation, relating to historic preservation; and
(D) to assist individuals or small businesses within any historic district included on the National Register to remain within the district.
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3204.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302904(a) through (c)(1) | 16 U.S.C. 470a(e)(3)(A). | Pub. L. 89–665, title I, §101(e)(3)(A), (C), formerly §101(d)(3)(A), (C), 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. 2992; redesignated as §101(e)(3)(A), (C), Pub. L. 102–575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4755; Pub. L. 106–208, §5(a)(3), May 26, 2002, 114 Stat. 318. |
302904(c)(2) | 16 U.S.C. 470a(e)(3)(C). |
In subsection (a), the words "In addition to the programs under paragraphs (1) and (2)" are omitted as unnecessary.
In subsection (c)(1)(D), the word "individuals" is substituted for "persons" for clarity.
§302905. Religious property
(a)
(1) is secular;
(2) does not promote religion; and
(3) seeks to protect qualities that are historically significant.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3204.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302905 | 16 U.S.C. 470a(e)(4). | Pub. L. 89–665, title I, §101(e)(4), as added Pub. L. 102–575, title XL, §4007(2), Oct. 30, 1992, 106 Stat. 4758. |
§302906. Grants and loans to Indian tribes and nonprofit organizations representing ethnic or minority groups
The Secretary may, in consultation with the appropriate State Historic Preservation Officer, make grants or loans or both under this subdivision to Indian tribes and to nonprofit organizations representing ethnic or minority groups for the preservation of their cultural heritage.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3204.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302906 | 16 U.S.C. 470a(e)(3)(B). | Pub. L. 89–665, title I, §101(e)(3)(B), formerly §101(d)(3)(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. 2992; redesignated as §101(e)(3)(B), Pub. L. 102–575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4755; Pub. L. 106–208, §5(a)(3), May 26, 2002, 114 Stat. 318. |
§302907. Grants to Indian tribes and Native Hawaiian organizations
The Secretary shall administer a program of direct grants to Indian tribes and Native Hawaiian organizations for the purpose of carrying out this division as it pertains to Indian tribes and Native Hawaiian organizations. Matching fund requirements may be modified. Federal funds available to an Indian tribe or Native Hawaiian organization may be used as matching funds for the purposes of the Indian tribe's or Native Hawaiian organization's conducting its responsibilities pursuant to this subdivision.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3205.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302907 | 16 U.S.C. 470a(e)(5). | Pub. L. 89–665, title I, §101(e)(5), as added Pub. L. 102–575, title XL, §4007(2), Oct. 30, 1992, 106 Stat. 4758. |
§302908. Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau
(a)
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3205.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302908 | 16 U.S.C. 470a(e)(6). | Pub. L. 89–665, title I, §101(e)(6), as added Pub. L. 102–575, title XL, §4007(2), Oct. 30, 1992, 106 Stat. 4758. |
In subsection (a), the words "the Trust Territory of the Pacific Islands, and upon termination of the Trusteeship Agreement for 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 "or any successor enactment" are added for clarity.
Editorial Notes
References in Text
The Compact of Free Association Act of 1985, referred to in subsec. (a), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, which is classified principally to part A of subchapter I (§1901 et seq.) of chapter 18 and chapter 19 (§2001 et seq.) of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 48 and Tables.
The Joint Resolution entitled "Joint Resolution to approve the 'Compact of Free Association' between the United States and the Government of Palau, and for other purposes", referred to in subsec. (a), is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to part A (§1931 et seq.) of subchapter II of chapter 18 of Title 48. For complete classification of this Act to the Code, see Tables.
1 So in original. Probably should be preceded by "the".
§302909. Prohibited use of grant amounts
No part of any grant made under this subdivision shall be used to compensate any person intervening in any proceeding under this division.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3205.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302909 | 16 U.S.C. 470a(f). | Pub. L. 89–665, title I, §101(f), formerly §101(e), 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. 2992; redesignated as §101(f), Pub. L. 102–575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4758. |
§302910. Recordkeeping
A recipient of assistance under this division shall keep—
(1) such records as the Secretary shall prescribe, including records that fully disclose—
(A) the disposition by the recipient of the proceeds of the assistance;
(B) the total cost of the project or undertaking in connection with which the assistance is given or used; and
(C) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and
(2) such other records as will facilitate an effective audit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3205.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302910 | 16 U.S.C. 470e. | Pub. L. 89–665, title I, §105, Oct. 15, 1966, 80 Stat. 917. |
The word "recipient" is substituted for "beneficiary" for clarity.
CHAPTER 3031—HISTORIC PRESERVATION FUND
Editorial Notes
Amendments
2016—Pub. L. 114–289, title VIII, §802(c)(2), Dec. 16, 2016, 130 Stat. 1495, substituted "Funding" for "Content" in item 303102.
§303101. Establishment
To carry out this division (except chapter 3041) and chapter 3121, there is established in the Treasury the Historic Preservation Fund.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3206.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
303101 | 16 U.S.C. 470h (1st paragraph). | Pub. L. 89–665, title I, §108 (1st paragraph), Oct. 15, 1966, 80 Stat. 917; Pub. L. 91–243, §1(a), May 9, 1970, 84 Stat. 204; Pub. L. 93–54, §1(a), July 1, 1973, 87 Stat. 139; Pub. L. 94–422, title II, §201(4), Sept. 28, 1976, 90 Stat. 1320. |
The words "(except chapter 3041) and chapter 3121" are added for clarity. The Advisory Council on Historic Preservation does not receive amounts from the Fund. The National Trust for Historic Preservation in the United States does receive amounts.
§303102. Funding
For each of fiscal years 2012 to 2023, $150,000,000 shall be deposited in the Historic Preservation Fund from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), section 8733(b) of title 10, or both, notwithstanding any provision of law that those proceeds shall be credited to miscellaneous receipts of the Treasury.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3206; Pub. L. 114–289, title VIII, §802(a), (c)(1), Dec. 16, 2016, 130 Stat. 1494, 1495; Pub. L. 115–232, div. A, title VIII, §809(s), Aug. 13, 2018, 132 Stat. 1844.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
303102 | 16 U.S.C. 470h (last paragraph 1st sentence). | Pub. L. 89–665, title I, §108 (last paragraph 1st sentence), Oct. 15, 1966, 80 Stat. 917; Pub. L. 91–243, §1(a), May 9, 1970, 84 Stat. 204; Pub. L. 93–54, §1(a), July 1, 1973, 87 Stat. 139; Pub. L. 94–422, title II, §201(4), Sept. 28, 1976, 90 Stat. 1320; Pub. L. 96–515, title II, §205, Dec. 12, 1980, 94 Stat. 2995; Pub. L. 100–127, Oct. 9, 1987, 101 Stat. 800; Pub. L. 102–575, title XL, §4011, Oct. 30, 1992, 106 Stat. 4760; Pub. L. 106–208, §§2, 5(a)(7), May 26, 2000, 114 Stat. 318, 319; Pub. L. 109–453, §1(c), Dec. 22, 2006, 120 Stat. 3367. |
Reference to fiscal years 1977–2011 is omitted as obsolete.
Editorial Notes
Amendments
2018—Pub. L. 115–232 substituted "section 8733(b) of title 10" for "section 7433(b) of title 10".
2016—Pub. L. 114–289 substituted "Funding" for "Contents" in section catchline and "2023" for "2015" in text.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
§303103. Use and availability
Amounts in the Historic Preservation Fund shall be used only to carry out this division and shall be available for expenditure only when appropriated by Congress. Any amount not appropriated shall remain available in the Historic Preservation Fund until appropriated for those purposes. Appropriations made pursuant to this section may be made without fiscal year limitation.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3206.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
303103 | 16 U.S.C. 470h (last paragraph last sentence). | Pub. L. 89–665, title I, §108 (last paragraph last sentence), Oct. 15, 1966, 80 Stat. 917; Pub. L. 91–243, §1(a), May 9, 1970, 84 Stat. 204; Pub. L. 93–54, §1(a), July 1, 1973, 87 Stat. 139; Pub. L. 94–422, title II, §201(4), Sept. 28, 1976, 90 Stat. 1320. |
CHAPTERS 3033 THROUGH 3037—RESERVED
CHAPTER 3039—MISCELLANEOUS
§303901. Loan insurance program for preservation of property included on National Register
(a)
(b)
(1) the loan is made by a private lender approved by the Secretary as financially sound and able to service the loan properly;
(2) the amount of the loan, and interest rate charged with respect to the loan, do not exceed the amount and rate established by the Secretary by regulation;
(3) the Secretary has consulted the appropriate State Historic Preservation Officer concerning the preservation of the historic property;
(4) the Secretary has determined that the loan is adequately secured and there is reasonable assurance of repayment;
(5) the repayment period of the loan does not exceed the lesser of 40 years or the expected life of the asset financed;
(6) the amount insured with respect to the loan does not exceed 90 percent of the loss sustained by the lender with respect to the loan; and
(7) the loan, the borrower, and the historic property to be preserved meet such other terms and conditions as may be prescribed by the Secretary by regulation, especially terms and conditions relating to the nature and quality of the preservation work.
(c)
(d)
(e)
(f)
(g)
(1) in connection with any foreclosure proceeding, obtain, on behalf of the Federal Government, the historic property securing a loan insured under this section; and
(2) operate or lease the historic property for such period as may be necessary to protect the interest of the Federal Government and to carry out subsection (h).
(h)
(1)
(2)
(i)
(j)
(k)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3206.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
303901 | 16 U.S.C. 470d. | Pub. L. 89–665, title I, §104, Oct. 15, 1966, 80 Stat. 917; Pub. L. 96–515, title II, §204, Dec. 12, 1980, 94 Stat. 2994. |
The text of 16 U.S.C. 470d(j) is omitted as unnecessary.
In subsection (d), the words "pursuant to section 470h of this title and subsections (g) and (i) of this section, as in effect on December 12, 1980" are omitted as unnecessary and obsolete. The cross reference to subsection (i) should be to subsection (h).
In subsection (g)(1), the word "part" is translated as "section" for clarity because 16 U.S.C. 470d is the only provision of the part that relates to insuring loans.
In subsection (h)(2), the words "in addition to the amounts covered into such fund pursuant to section 470h of this title and subsection (i) of this section" are omitted as unnecessary. The cross reference to subsection (i) should be to subsection (h).
In subsection (i), the words "in addition to the amounts covered into such fund pursuant to section 470h of this title and subsection (g) of this section" are omitted as unnecessary.
§303902. Training in, and dissemination of information concerning, professional methods and techniques for preservation of historic property
The Secretary shall develop and make available to Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations pursuant to the World Heritage Convention, training in, and information concerning, professional methods and techniques for the preservation of historic property and for the administration of the historic preservation program at the Federal, State, and local level. The Secretary shall also develop mechanisms to provide information concerning historic preservation to the general public including students.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3208.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
303902 | 16 U.S.C. 470a(i). | Pub. L. 89–665, title I, §101(i), formerly §101(h), 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. 2992; redesignated as §101(i), Pub. L. 102–575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4758. |
§303903. Preservation education and training program
The Secretary, in consultation with the Council and other appropriate Federal, tribal, Native Hawaiian, and non-Federal organizations, shall develop and implement a comprehensive preservation education and training program. The program shall include—
(1) standards and increased preservation training opportunities for Federal workers involved in preservation-related functions;
(2) preservation training opportunities for other Federal, State, tribal and local government workers, and students;
(3) technical or financial assistance, or both, to historically black colleges and universities, to tribal colleges, and to colleges with a high enrollment of Native Americans or Native Hawaiians, to establish preservation training and degree programs; and
(4) where appropriate, coordination with the National Center for Preservation Technology and Training of—
(A) distribution of information on preservation technologies;
(B) provision of training and skill development in trades, crafts, and disciplines related to historic preservation in Federal training and development programs; and
(C) support for research, analysis, conservation, curation, interpretation, and display related to preservation.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3208.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
303903 | 16 U.S.C. 470a(j). | Pub. L. 89–665, title I, §101(j), as added Pub. L. 102–575, title XL, §4008, Oct. 30, 1992, 106 Stat. 4758. |
In paragraph (1), the word "new" is omitted as unnecessary.
In paragraph (2), the word "increased" is omitted as unnecessary.
Subdivision 3—Advisory Council on Historic Preservation
CHAPTER 3041—ADVISORY COUNCIL ON HISTORIC PRESERVATION
§304101. Establishment; vacancies
(a)
(1) A Chairman appointed by the President selected from the general public.
(2) The Secretary.
(3) The Architect of the Capitol.
(4) The Secretary of Agriculture and the heads of 7 other agencies of the United States (other than the Department of the Interior), the activities of which affect historic preservation, designated by the President.
(5) One Governor appointed by the President.
(6) One mayor appointed by the President.
(7) The President of the National Conference of State Historic Preservation Officers.
(8) The General Chairman of the National Association of Tribal Historic Preservation Officers.
(9) The Chairman of the National Trust.
(10) Four experts in the field of historic preservation appointed by the President from architecture, history, archeology, and other appropriate disciplines.
(11) Three members from the general public, appointed by the President.
(12) One member of an Indian tribe or Native Hawaiian organization who represents the interests of the Indian tribe or Native Hawaiian organization of which he or she is a member, appointed by the President.
(b)
(c)
(d)
(e)
(A) be appointed by the President, by and with the advice and consent of the Senate;
(B) serve at the will of the President;
(C) serve full time; and
(D) be compensated at the rate provided for Level V of the Executive Schedule Pay Rates under section 5316 of title 5.
(2) The Chairman shall serve for a term of 4 years and may be reappointed once, for a total of not more than 8 years of service as Chairman, except that a Chairman whose appointment has expired under this paragraph shall serve until his or her successor has been appointed. The term of a Chairman shall start (regardless of actual appointment date) on January 20 after each general Presidential election. The first Chairman appointed after the date of enactment of this paragraph shall have a first term commencing on January 20, 2017, and ending on January 19, 2021.
(3) The Chairmen before the first appointment of a Chairman in accordance with paragraph (1) of this subsection shall receive $100 per diem when engaged in the performance of the duties of the Council, and shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.
(f)
(g)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3209; Pub. L. 114–289, title V, §501(a)–(c)(1), Dec. 16, 2016, 130 Stat. 1489.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304101 | 16 U.S.C. 470i. | Pub. L. 89–665, title II, §201, Oct. 15, 1966, 80 Stat. 917; Pub. L. 91–243, §1(b) through (e), May 9, 1970, 84 Stat. 204; Pub. L. 93–54, §1(c), July 1, 1973, 87 Stat. 139; Pub. L. 94–422, title II, §201(5), Sept. 28, 1976, 90 Stat. 1320; Pub. L. 96–515, title III, §301(a) through (f), Dec. 12, 1980, 94 Stat. 2998; Pub. L. 102–575, title XL, §§4016, 4019(b), Oct. 30, 1992, 106 Stat. 4763, 4765; Pub. L. 104–333, div. I, title V, §509(c)(1), (2), Nov. 12, 1996, 110 Stat. 4157; Pub. L. 109–453, §1(d), Dec. 22, 2006, 120 Stat. 3367. |
In subsection (a)(9), the words "the disciplines of" are omitted as unnecessary.
Editorial Notes
References in Text
The date of enactment of this paragraph, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 114–289, which was approved Dec. 16, 2016.
Amendments
2016—Subsec. (a)(8) to (12). Pub. L. 114–289, §501(a), added par. (8) and redesignated former pars. (8) to (11) as (9) to (12), respectively.
Subsec. (b). Pub. L. 114–289, §501(c)(1)(A), substituted "and (7) through (9)" for ", (7), and (8)".
Subsec. (c). Pub. L. 114–289, §501(c)(1)(B), substituted "under paragraphs (10) through (12)" for "under paragraphs (1) and (9) to (11)" and "An appointed member, other than the Chairman of the Council, may not serve more than 2 terms." for "An appointed member may not serve more than 2 terms."
Subsec. (e). Pub. L. 114–289, §501(b)(2), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 114–289, §501(b)(1), (3), (c)(1)(C), redesignated subsec. (e) as (f) and substituted "paragraph (5), (6), (10), or (11)" for "paragraph (5), (6), (9), or (10)" and "shall perform the functions" for "may act in place". Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 114–289, §501(b)(1), (c)(1)(D), redesignated subsec. (f) as (g) and substituted "Thirteen members" for "Twelve members".
§304102. Duties of Council
(a)
(1) advise the President and Congress on matters relating to historic preservation, recommend measures to coordinate activities of Federal, State, and local agencies and private institutions and individuals relating to historic preservation, and advise on the dissemination of information pertaining to those activities;
(2) encourage, in cooperation with the National Trust and appropriate private agencies, public interest and participation in historic preservation;
(3) recommend the conduct of studies in such areas as—
(A) the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State and local governments; and
(B) the effects of tax policies at all levels of government on historic preservation;
(4) advise as to guidelines for the assistance of State and local governments in drafting legislation relating to historic preservation;
(5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field of historic preservation;
(6) review the policies and programs of Federal agencies and recommend to Federal agencies methods to improve the effectiveness, coordination, and consistency of those policies and programs with the policies and programs carried out under this division; and
(7) inform and educate Federal agencies, State and local governments, Indian tribes, other nations and international organizations and private groups and individuals as to the Council's authorized activities.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3210.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304102 | 16 U.S.C. 470j. | Pub. L. 89–665, title II, §202, Oct. 15, 1966, 80 Stat. 918; Pub. L. 96–515, title III, §301(g), Dec. 12, 1980, 94 Stat. 2999. |
§304103. Cooperation between Council and instrumentalities of executive branch of Federal Government
The Council may secure directly from any Federal agency information, suggestions, estimates, and statistics for the purpose of this chapter. Each Federal agency may furnish information, suggestions, estimates, and statistics to the extent permitted by law and within available funds.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3211.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304103 | 16 U.S.C. 470k. | Pub. L. 89–665, title II, §203, Oct. 15, 1966, 80 Stat. 918. |
The words "Federal agency" are substituted for "department, bureau, agency, board, commission, office, independent establishment or instrumentality of the executive branch of the Federal Government" to eliminate unnecessary words and for consistency in the revised chapter.
§304104. Compensation of members of Council
The members of the Council specified in paragraphs (2), (3), and (4) of section 304101(a) of this title shall serve without additional compensation. The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101. The other members of the Council shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3211; Pub. L. 114–289, title V, §501(c)(2), Dec. 16, 2016, 130 Stat. 1490.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304104 | 16 U.S.C. 470l. | Pub. L. 89–665, title II, §204, Oct. 15, 1966, 80 Stat. 918; Pub. L. 91–243, §1(f), May 9, 1970, 84 Stat. 204; Pub. L. 94–422, title II, §201(6), Sept. 28, 1976, 90 Stat. 1321; Pub. L. 96–515, title III, §301(h), Dec. 12, 1980, 94 Stat. 2999. |
Editorial Notes
Amendments
2016—Pub. L. 114–289 inserted "The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101." after "without additional compensation."
§304105. Administration
(a)
(b)
(1)
(2)
(A) assist the General Counsel;
(B) represent the Council in court when appropriate, including enforcement of agreements with Federal agencies to which the Council is a party;
(C) assist the Department of Justice in handling litigation concerning the Council in court; and
(D) perform such other legal duties and functions as the Executive Director and the Council may direct.
(c)
(d)
(e)
(f)
(1)
(2)
(g)
(1)
(2)
(h)
(i)
(j)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3211; Pub. L. 114–289, title V, §501(c)(3), Dec. 16, 2016, 130 Stat. 1490; Pub. L. 117–286, §4(a)(331), Dec. 27, 2022, 136 Stat. 4342.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304105(a) through (g) | 16 U.S.C. 470m. | Pub. L. 89–665, title II, §205, Oct. 15, 1966, 80 Stat. 919; Pub. L. 91–243, §1(g), May 9, 1970, 84 Stat. 204; Pub. L. 94–422, title II, §201(7), Sept. 28, 1976, 90 Stat. 1321; Pub. L. 96–515, title III, §301(i), Dec. 12, 1980, 94 Stat. 2999; Pub. L. 104–333, div. I, title V, §509(c)(4), Nov. 12, 1996, 110 Stat. 4158; Pub. L. 106–176, title I, §109, Mar. 10, 2000, 114 Stat. 26; Pub. L. 109–453, §1(e), Dec. 22, 2006, 120 Stat. 3367. |
304105(h) | 16 U.S.C. 470p. | Pub. L. 89–665, title II, §§208, 209, as added Pub. L. 94–422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1322. |
304105(i), (j) | 16 U.S.C. 470q. |
In subsection (a), the words "at a rate within the Executive Schedule" are added to retain the ability to hire an Executive Director within the General Schedule. The words "in the competitive service at a rate that may exceed the rate prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5, or in the Senior Executive Service under section 3393 of title 5" are added for consistency with the intent of the source provision language as it existed in 1966, which included all Federal employees. The language is updated to reflect the existence of the Senior Executive Service and senior level employees above grade 15.
In subsection (c), the words "that exceed that prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 or in the Senior Executive Service under section 3393 of title 5" are substituted for "not to exceed that now or hereafter prescribed for the highest rate of grade 15 of the General Schedule under section 5332 of title 5" for consistency with the intent of the source provision language as it existed in 1966, which included all Federal employees. The language is updated to reflect the existence of the Senior Executive Service and senior level employees above grade 15.
In subsection (d), the words "chapter 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the 1st section of which enacted Title 5, United States Code.
In subsection (f)(1), the word "Secretary" is substituted for "Department of the Interior" because of 43 U.S.C. 1451.
Editorial Notes
References in Text
Section 207 of the National Historic Preservation Act, referred to in subsec. (h), is section 207 of Pub. L. 89–665, as added Pub. L. 94–422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1322, which related to transfer of personnel and property by Department of the Interior to Advisory Council on Historic Preservation and was classified to section 470o of Title 16, Conservation, prior to repeal by Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272.
Amendments
2022—Subsec. (i). Pub. L. 117–286 substituted "Chapter 10 of Title 5" for "Federal Advisory Committee Act" in heading and "chapter 10 of title 5." for "the Federal Advisory Committee Act (5 U.S.C. App.)." in text.
2016—Subsec. (a). Pub. L. 114–289 substituted "report directly to the Chairman" for "report directly to the Council" and "duties as the Chairman may prescribe" for "duties as the Council may prescribe".
§304106. International Centre for the Study of the Preservation and Restoration of Cultural Property
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304106 | 16 U.S.C. 470n. | Pub. L. 89–665, title II, §206, as added Pub. L. 91–243, §2, May 9, 1970, 84 Stat. 204; Pub. L. 93–54, §1(b), July 1, 1973, 87 Stat. 139; Pub. L. 94–422, title II, §201(8), Sept. 28, 1976, 90 Stat. 1322; Pub. L. 96–199, title I, §114, Mar. 5, 1980, 94 Stat. 71; Pub. L. 106–208, §5(b), May 26, 2000, 114 Stat. 319. |
The text of 16 U.S.C. 470n(c) is omitted as obsolete.
§304107. Transmittal of legislative recommendations, testimony, or comments to any officer or agency of the United States prior to submission to Congress
No officer or agency of the United States shall have any authority to require the Council to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of the recommendations, testimony, or comments to Congress. When the Council voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the Council shall include a description of the actions in its legislative recommendations, testimony, or comments on legislation that it transmits to Congress.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304107 | 16 U.S.C. 470r. | Pub. L. 89–665, title II, §210, as added Pub. L. 94–422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1322; Pub. L. 96–515, title III, §301(k), Dec. 12, 1980, 94 Stat. 2999. |
§304108. Regulations, procedures, and guidelines
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3214.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304108(a), (b) | 16 U.S.C. 470s. | Pub. L. 89–665, title II, §211, as added Pub. L. 94–422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1322; Pub. L. 96–515, title III, §301(l), Dec. 12, 1980, 94 Stat. 2999; Pub. L. 102–575, title XL, §4018, Oct. 30, 1992, 106 Stat. 4763. |
304108(c) | 16 U.S.C. 470v. | Pub. L. 89–665, title II, §214, as added Pub. L. 96–515, title III, §302(a), Dec. 12, 1980, 94 Stat. 3000. |
§304109. Budget submission
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3214.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304109(a) | 16 U.S.C. 470t(a) (1st sentence). | Pub. L. 89–665, title II, §212(a) (1st sentence), (b), as added Pub. L. 94–422, title II, §201(9), Sept. 28, 1976, 90 Stat. 1323; Pub. L. 96–205, title VI, §608(a)(3), Mar. 12, 1980, 94 Stat. 92; Pub. L. 96–515, title III, §302(b), Dec. 12, 1980, 94 Stat. 3000; Pub. L. 103–437, §6(d)(29), Nov. 2, 1994, 108 Stat. 4584. |
304109(b) | 16 U.S.C. 470t(b). |
§304110. Report by Secretary to Council
To assist the Council in discharging its responsibilities under this division, the Secretary at the request of the Chairman shall provide a report to the Council detailing the significance of any historic property, describing the effects of any proposed undertaking on the affected property, and recommending measures to avoid, minimize, or mitigate adverse effects.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3214.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304110 | 16 U.S.C. 470u. | Pub. L. 89–665, title II, §213, as added Pub. L. 96–515, title III, §302(a), Dec. 12, 1980, 94 Stat. 3000. |
§304111. Reimbursements from State and local agencies
Subject to applicable conflict of interest laws, the Council may receive reimbursements from State and local agencies and others pursuant to agreements executed in furtherance of this division.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3214.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304111 | 16 U.S.C. 470v–1. | Pub. L. 89–665, title II, §215, as added Pub. L. 104–333, div. I, title V, §509(c)(3), Nov. 12, 1996, 110 Stat. 4157. |
§304112. Effectiveness of Federal grant and assistance programs
(a)
(b)
(1) review the operation of any Federal grant or assistance program to evaluate the effectiveness of the program in meeting the purposes and policies of this division;
(2) make recommendations to the head of any Federal agency that administers the program to further the consistency of the program with the purposes and policies of this division and to improve its effectiveness in carrying out those purposes and policies; and
(3) make recommendations to the President and Congress regarding the effectiveness of Federal grant and assistance programs in meeting the purposes and policies of this division, including recommendations with regard to appropriate funding levels.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3214.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304112 | 16 U.S.C. 470v–2. | Pub. L. 89–665, title II, §216, as added Pub. L. 109–453, §1(g), Dec. 22, 2006, 120 Stat. 3368. |
Subdivision 4—Other Organizations and Programs
CHAPTER 3051—HISTORIC LIGHT STATION PRESERVATION
§305101. Definitions
In this chapter:
(1)
(2)
(A) any department or agency of the Federal Government; or
(B) any department or agency of the State in which a historic light station is located, the local government of the community in which a historic light station is located, a nonprofit corporation, an educational agency, or a community development organization that—
(i) has agreed to comply with the conditions set forth in section 305104 of this title and to have the conditions recorded with the deed of title to the historic light station; and
(ii) is financially able to maintain the historic light station in accordance with the conditions set forth in section 305104 of this title.
(3)
(A)
(B)
(4)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3215.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305101 | 16 U.S.C. 470w–7(e). | Pub. L. 89–665, title III, §308(e), as added Pub. L. 106–355, §2, Oct. 24, 2000, 114 Stat. 1388. |
The text of 16 U.S.C. 470w–7(e)(5) is omitted as unnecessary.
In paragraph (3)(A), the words "that is a historic property" are substituted for "provided that the 'historic light station' shall be included in or eligible for inclusion in the National Register of Historic Places" because of the definition of "historic property" in section 300308 of the new title.
§305102. Duties of Secretary in providing a national historic light station program
To provide a national historic light station program, the Secretary shall—
(1) collect and disseminate information concerning historic light stations;
(2) foster educational programs relating to the history, practice, and contribution to society of historic light stations;
(3) sponsor or conduct research and study into the history of light stations;
(4) maintain a listing of historic light stations; and
(5) assess the effectiveness of the program established by this chapter regarding the conveyance of historic light stations.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3216.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305102 | 16 U.S.C. 470w–7(a). | Pub. L. 89–665, title III, §308(a), as added Pub. L. 106–355, §2, Oct. 24, 2000, 114 Stat. 1385. |
§305103. Selection of eligible entity and conveyance of historic light stations
(a)
(b)
(1)
(A) review all applications for the conveyance of a historic light station, when the agency with administrative jurisdiction over the historic light station has determined the property to be excess property (as that term is defined in section 102 of title 40); and
(B) forward to the Administrator a single approved application for the conveyance of the historic light station.
(2)
(c)
(1)
(2)
(A)
(B)
(C)
(D)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3216.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305103 | 16 U.S.C. 470w–7(b). | Pub. L. 89–665, title III, §308(b), as added Pub. L. 106–355, §2, Oct. 24, 2000, 114 Stat. 1385; Pub. L. 106–400, §2, Oct. 30, 2000, 114 Stat. 1675. |
Editorial Notes
References in Text
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (c)(1), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§11301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.
Section 416(d) of the Coast Guard Authorization Act of 1998, referred to in subsec. (c)(1), which was formerly set out as a note under section 93 of Title 14, Coast Guard, was transferred and is now set out as a note under section 504 of Title 14.
1 See References in Text note below.
§305104. Terms of conveyance
(a)
(1) the Federal aids to navigation located at the historic light station in operation on the date of conveyance remain the personal property of the United States and continue to be operated and maintained by the United States for as long as needed for navigational purposes;
(2) there is reserved to the United States the right to remove, replace, or install any Federal aid to navigation located at the historic light station as may be necessary for navigational purposes;
(3) the eligible entity to which the historic light station is conveyed shall not interfere or allow interference in any manner with any Federal aid to navigation or hinder activities required for the operation and maintenance of any Federal aid to navigation without the express written permission of the head of the agency responsible for maintaining the Federal aid to navigation;
(4)(A) the eligible entity to which the historic light station is conveyed shall, at its own cost and expense, use and maintain the historic light station in accordance with this division, the Secretary of the Interior's Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws; and
(B) any proposed changes to the historic light station shall be reviewed and approved by the Secretary in consultation with the State Historic Preservation Officer of the State in which the historic light station is located, for consistency with section 800.5(a)(2)(vii) of title 36, Code of Federal Regulations and the Secretary's Standards for Rehabilitation contained in section 67.7 of title 36, Code of Federal Regulations;
(5) the eligible entity to which the historic light station is conveyed shall make the historic light station available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions;
(6) the eligible entity to which the historic light station is conveyed shall not sell, convey, assign, exchange, or encumber the historic light station, any part of the historic light station, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens or lantern, unless the sale, conveyance, assignment, exchange, or encumbrance is approved by the Secretary;
(7) the eligible entity to which the historic light station is conveyed shall not conduct any commercial activity at the historic light station, at any part of the historic light station, or in connection with any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, in any manner, unless the commercial activity is approved by the Secretary; and
(8) the United States shall have the right, at any time, to enter the historic light station without notice, for purposes of operating, maintaining, and inspecting any aid to navigation and for the purpose of ensuring compliance with this section, to the extent that it is not possible to provide advance notice.
(b)
(c)
(1) the historic light station, any part of the historic light station, or any associated historic artifact ceases to be available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions that shall be set forth in the eligible entity's application;
(2) the historic light station or any part of the historic light station ceases to be maintained in a manner that ensures its present or future use as a site for a Federal aid to navigation;
(3) the historic light station, any part of the historic light station, or any associated historic artifact ceases to be maintained in compliance with this division, the Secretary of the Interior's Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws;
(4) the eligible entity to which the historic light station is conveyed sells, conveys, assigns, exchanges, or encumbers the historic light station, any part of the historic light fixture, or any associated historic artifact, without approval of the Secretary;
(5) the eligible entity to which the historic light station is conveyed conducts any commercial activity at the historic light station, at any part of the historic light station, or in conjunction with any associated historic artifact, without approval of the Secretary; or
(6) at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic light station or any part of the historic light station is needed for national security purposes.
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3217.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305104 | 16 U.S.C. 470w–7(c)(1) through (3). | Pub. L. 89–665, title III, §308(c)(1) through (3), as added Pub. L. 106–355, §2, Oct. 24, 2000, 114 Stat. 1386. |
16 U.S.C. 470w–7(c)(4). | Pub. L. 89–665, title III, §308(c)(4), as added Pub. L. 108–293, title VI, §627, Aug. 9, 2004, 118 Stat. 1066. |
Editorial Notes
References in Text
Section 83 of title 14, referred to in subsec. (b), was redesignated section 542 of title 14 by Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200, and references to section 83 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.
1 See References in Text note below.
§305105. Description of property
(a)
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3219.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305105 | 16 U.S.C. 470w–7(d). | Pub. L. 89–665, title III, §308(d), as added Pub. L. 106–355, §2, Oct. 24, 2000, 114 Stat. 1388. |
In subsection (a), the words "Secretary of Homeland Security" are substituted for "Commandant, United States Coast Guard" because of 6 U.S.C. 112(a)(2), 468(b) and (h), 551(d), and 552(d) and the Department of Homeland Security Reorganization Plan of November 25, 2002 (H. Doc. No. 108–16, 108th Cong., 1st Sess. (6 U.S.C. 542 note)).
§305106. Historic light station sales
(a)
(1)
(2)
(A) shall be developed by the Administrator; and
(B) shall be consistent with the requirements of paragraphs (1) to (4) and (8) of subsection (a), and subsection (b), of section 305104 of this title.
(3)
(b)
(1)
(A) located on public domain land shall be transferred to the National Maritime Heritage Grants Program established under chapter 3087 in the Department of the Interior; and
(B) under the administrative control of the Secretary of Homeland Security—
(i) shall be credited to the Coast Guard's Operating Expenses appropriation account; and
(ii) shall be available for obligation and expenditure for the maintenance of light stations remaining under the administrative control of the Secretary of Homeland Security.
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3220.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305106 | 16 U.S.C. 470w–8. | Pub. L. 89–665, title III, §309, as added Pub. L. 106–355, §3, Oct. 24, 2000, 114 Stat. 1389. |
In subsection (b)(1)(B), the words "Secretary of Homeland Security" are substituted for "Coast Guard" because of 6 U.S.C. 112(a)(2), 468(b) and (h), 551(d), and 552(d) and the Department of Homeland Security Reorganization Plan of November 25, 2002 (H. Doc. No. 108–16, 108th Cong., 1st Sess. (6 U.S.C. 542 note)).
CHAPTER 3053—NATIONAL CENTER FOR PRESERVATION TECHNOLOGY AND TRAINING
§305301. Definitions
In this chapter:
(1)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3220.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305301 | 16 U.S.C. 470x–1. | Pub. L. 89–665, title IV, §402, as added Pub. L. 102–575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4766. |
§305302. National Center for Preservation Technology and Training
(a)
(b)
(1) develop and distribute preservation and conservation skills and technologies for the identification, evaluation, conservation, and interpretation of historic property;
(2) develop and facilitate training for Federal, State, and local resource preservation professionals, cultural resource managers, maintenance personnel, and others working in the preservation field;
(3) take steps to apply preservation technology benefits from ongoing research by other agencies and institutions;
(4) facilitate the transfer of preservation technology among Federal agencies, State and local governments, universities, international organizations, and the private sector; and
(5) cooperate with related international organizations including the International Council on Monuments and Sites, the International Center for the Study of Preservation and Restoration of Cultural Property, and the International Council on Museums.
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3221.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305302 | 16 U.S.C. 470x–2. | Pub. L. 89–665, title IV, §403, as added Pub. L. 102–575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4766. |
§305303. Preservation Technology and Training Board
(a)
(b)
(1) provide leadership, policy advice, and professional oversight to the Center;
(2) advise the Secretary on priorities and the allocation of grants among the activities of the Center; and
(3) submit an annual report to the President and Congress.
(c)
(1) the Secretary;
(2) 6 members appointed by the Secretary, who shall represent appropriate Federal, State, and local agencies, State and local historic preservation commissions, and other public and international organizations; and
(3) 6 members appointed by the Secretary on the basis of outstanding professional qualifications, who represent major organizations in the fields of archeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3221.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305303 | 16 U.S.C. 470x–3. | Pub. L. 89–665, title IV, §404, as added Pub. L. 102–575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4766; Pub. L. 106–208, §5(a)(14), May 26, 2000, 114 Stat. 319. |
In subsection (c)(1), the words "or the Secretary's designee" are omitted as unnecessary because of section 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App., 43 U.S.C. 1451 note).
§305304. Preservation grants
(a)
(b)
(1)
(2)
(3)
(c)
(1) Federal and non-Federal laboratories;
(2) accredited museums;
(3) universities;
(4) nonprofit organizations;
(5) System units and offices and Cooperative Park Study Units of the System;
(6) State Historic Preservation Offices;
(7) tribal preservation offices; and
(8) Native Hawaiian organizations.
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3222.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305304 | 16 U.S.C. 470x–4. | Pub. L. 89–665, title IV, §405, as added Pub. L. 102–575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4767. |
The text of 16 U.S.C. 470x–4(e) is omitted as unnecessary.
§305305. General provisions
(a)
(1) grants and donations from private individuals, groups, organizations, corporations, foundations, and other entities; and
(2) transfers of funds from other Federal agencies.
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3222.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305305 | 16 U.S.C. 470x–5. | Pub. L. 89–665, title IV, §406, as added Pub. L. 102–575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4767. |
In subsection (c), the text of 16 U.S.C. 470x–5(c) (1st sentence) is omitted as unnecessary.
§305306. Service preservation centers and offices
To improve the use of existing Service resources, the Secretary shall fully utilize and further develop the Service preservation (including conservation) centers and regional offices. The Secretary shall improve the coordination of the centers and offices within the Service, and shall, where appropriate, coordinate their activities with the Center and with other appropriate parties.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3222.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305306 | 16 U.S.C. 470x–6. | Pub. L. 89–665, title IV, §407, as added Pub. L. 102–575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4768. |
CHAPTER 3055—NATIONAL BUILDING MUSEUM
§305501. Definitions
In this chapter:
(1)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3223.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305501 | 16 U.S.C. 470w–5(f). | Pub. L. 89–665, title III, §306(f), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3003. |
§305502. Cooperative agreement to operate museum
To provide a national center to commemorate and encourage the building arts and to preserve and maintain a nationally significant building that exemplifies the great achievements of the building arts in the United States, the Secretary and the Administrator of General Services shall enter into a cooperative agreement with the Committee for the operation of a National Building Museum in the Federal building located in the block bounded by Fourth Street, Fifth Street, F Street, and G Street, Northwest in Washington, District of Columbia. The cooperative agreement shall include provisions that—
(1) make the site available to the Committee without charge;
(2) provide, subject to available appropriations, such maintenance, security, information, janitorial, and other services as may be necessary to ensure the preservation and operation of the site; and
(3) prescribe reasonable terms and conditions by which the Committee can fulfill its responsibilities under this division.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3223.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305502 | 16 U.S.C. 470w–5(a) (1st sentence), (b). | Pub. L. 89–665, title III, §306(a) (1st sentence), (b), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3002, 3003. |
The words "Administrator of General Services" are substituted for "Administrator of the General Services Administration" to use the correct title of the Administrator.
§305503. Activities and functions
The National Building Museum shall—
(1) collect and disseminate information concerning the building arts, including the establishment of a national reference center for current and historic documents, publications, and research relating to the building arts;
(2) foster educational programs relating to the history, practice, and contribution to society of the building arts, including promotion of imaginative educational approaches to enhance understanding and appreciation of all facets of the building arts;
(3) publicly display temporary and permanent exhibits illustrating, interpreting and demonstrating the building arts;
(4) sponsor or conduct research and study into the history of the building arts and their role in shaping our civilization; and
(5) encourage contributions to the building arts.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3223.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305503 | 16 U.S.C. 470w–5(a) (last sentence). | Pub. L. 89–665, title III, §306(a) (last sentence), (b), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3003. |
§305504. Matching grants to Committee
The Secretary shall provide matching grants to the Committee for its programs related to historic preservation. The Committee shall match the grants in such a manner and with such funds and services as shall be satisfactory to the Secretary, except that not more than $500,000 may be provided to the Committee in any one fiscal year.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3224.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305504 | 16 U.S.C. 470w–5(c). | Pub. L. 89–665, title III, §306(c), Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3003. |
The word "grant" is substituted for "grants-in-aid" for clarity and consistency in the revised division. See page 48 of H. Rept. 96–1457 (96th Cong., 2d Sess., 1980).
§305505. Annual report
The Committee shall submit an annual report to the Secretary and the Administrator of General Services concerning its activities under this chapter and shall provide the Secretary and the Administrator of General Services with such other information as the Secretary may consider necessary or advisable.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3224.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305505 | 16 U.S.C. 470w–5(e). | Pub. L. 89–665, title III, §306(e), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3003. |
Subdivision 5—Federal Agency Historic Preservation Responsibilities
CHAPTER 3061—PROGRAM RESPONSIBILITIES AND AUTHORITIES
SUBCHAPTER I—IN GENERAL
SUBCHAPTER II—LEASE, EXCHANGE, OR MANAGEMENT OF HISTORIC PROPERTY
SUBCHAPTER III—PROTECTION AND PRESERVATION OF RESOURCES
SUBCHAPTER I—IN GENERAL
§306101. Assumption of responsibility for preservation of historic property
(a)
(1)
(2)
(3)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3224.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306101(a) | 16 U.S.C. 470h–2(a)(1). | Pub. L. 89–665, title I, §110(a)(1), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2996; Pub. L. 102–575, title XL, §4012(1), Oct. 30, 1992, 106 Stat. 4760; Pub. L. 106–208, §4, May 26, 2000, 114 Stat. 318. |
306101(b) | 16 U.S.C. 470a(g). | Pub. L. 89–665, title I, §101(g), (h), formerly §101(f), (g), 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. 2992; redesignated as §101(g), (h), Pub. L. 102–575, title XL, §4006(a)(1), Oct. 30, 1992, 106 Stat. 4758. |
306101(c) | 16 U.S.C. 470a(h). |
In subsection (a)(3), the cross reference is treated as a cross reference to 16 U.S.C. 470a(h), restated as subsection (c) of this section, rather than 16 U.S.C. 470a(g), restated as subsection (b) of this section, to correct an error in the source provision.
In subsection (c), the words "Administrator of General Services" are substituted for "Administrator of the General Services Administration" to use the correct title of the Administrator.
Executive Documents
Ex. Ord. No. 13287. Preserve America
Ex. Ord. No. 13287, Mar. 3, 2003, 68 F.R. 10635, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Historic Preservation Act ([former] 16 U.S.C. 470 et seq.) [see 54 U.S.C. 300301 et seq.] (NHPA) and the National Environmental Policy Act [of 1969] (42 U.S.C. 4321 et seq.), it is hereby ordered:
(b) No later than September 30, 2004, each agency with real property management responsibilities shall review its regulations, management policies, and operating procedures for compliance with sections 110 and 111 of the NHPA [former] (16 U.S.C. 470h–2 & 470[h]–3 [see 54 U.S.C. 306101 to 306107, 306109 to 306114, 306121, 306122]) and make the results of its review available to the Council and the Secretary. If the agency determines that its regulations, management policies, and operating procedures are not in compliance with those authorities, the agency shall make amendments or revisions to bring them into compliance.
(c) Each agency with real property management responsibilities shall, by September 30, 2005, and every third year thereafter, prepare a report on its progress in identifying, protecting, and using historic properties in its ownership and make the report available to the Council and the Secretary. The Council shall incorporate this data into a report on the state of the Federal Government's historic properties and their contribution to local economic development and submit this report to the President by February 15, 2006, and every third year thereafter.
(d) Agencies may use existing information gathering and reporting systems to fulfill the assessment and reporting requirements of subsections 3(a)–(c) of this order. To assist agencies, the Council, in consultation with the Secretary, shall, by September 30, 2003, prepare advisory guidelines for agencies to use at their discretion.
(e) No later than June 30, 2003, the head of each agency shall designate a senior policy level official to have policy oversight responsibility for the agency's historic preservation program and notify the Council and the Secretary of the designation. This senior official shall be an assistant secretary, deputy assistant secretary, or the equivalent, as appropriate to the agency organization. This official, or a subordinate employee reporting directly to the official, shall serve as the agency's Federal Preservation Officer in accordance with section 110(c) of the NHPA [see 54 U.S.C. 306104]. The senior official shall ensure that the Federal Preservation Officer is qualified consistent with guidelines established by the Secretary for that position and has access to adequate expertise and support to carry out the duties of the position.
(b) Where consistent with agency missions and the Secretary of the Interior's Standards for Archeology and Historic Preservation, and where appropriate, agencies shall cooperate with communities to increase opportunities for public benefit from, and access to, Federally owned historic properties.
(c) The Council is directed to use its existing authority to encourage and accept donations of money, equipment, and other resources from public and private parties to assist other agencies in the preservation of historic properties in Federal ownership to fulfill the goals of the NHPA and this order.
(d) The National Park Service, working with the Council and in consultation with other agencies, shall make available existing materials and information for education, training, and awareness of historic property stewardship to ensure that all Federal personnel have access to information and can develop the skills necessary to continue the productive use of Federally owned historic properties while meeting their stewardship responsibilities.
(e) The Council, in consultation with the National Park Service and other agencies, shall encourage and recognize exceptional achievement by such agencies in meeting the goals of the NHPA and this order. By March 31, 2004, the Council shall submit to the President and the heads of agencies recommendations to further stimulate initiative, creativity, and efficiency in the Federal stewardship of historic properties.
(a) To the extent permitted by law and within existing resources, the Secretary of Commerce, working with the Council and other agencies, shall assist States, Indian tribes, and local communities in promoting the use of historic properties for heritage tourism and related economic development in a manner that contributes to the long-term preservation and productive use of those properties. Such assistance shall include efforts to strengthen and improve heritage tourism activities throughout the country as they relate to Federally owned historic properties and significant natural assets on Federal lands.
(b) Where consistent with agency missions and governing law, and where appropriate, agencies shall use historic properties in their ownership in conjunction with State, tribal, and local tourism programs to foster viable economic partnerships, including, but not limited to, cooperation and coordination with tourism officials and others with interests in the properties.
Nothing in this order shall be construed to require any agency to take any action or disclose any information that would conflict with or compromise national and homeland security goals, policies, programs, or activities.
George W. Bush.
§306102. Preservation program
(a)
(b)
(1) historic property under the jurisdiction or control of the agency is identified, evaluated, and nominated to the National Register;
(2) historic property under the jurisdiction or control of the agency is managed and maintained in a way that considers the preservation of their historic, archeological, architectural, and cultural values in compliance with section 306108 of this title and gives special consideration to the preservation of those values in the case of property designated as having national significance;
(3) the preservation of property not under the jurisdiction or control of the agency but potentially affected by agency actions is given full consideration in planning;
(4) the agency's preservation-related activities are carried out in consultation with other Federal, State, and local agencies, Indian tribes, Native Hawaiian organizations carrying out historic preservation planning activities, and the private sector; and
(5) the agency's procedures for compliance with section 306108 of this title—
(A) are consistent with regulations promulgated by the Council pursuant to section 304108(a) and (b) of this title;
(B) provide a process for the identification and evaluation of historic property for listing on the National Register and the development and implementation of agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, regarding the means by which adverse effects on historic property will be considered; and
(C) provide for the disposition of Native American cultural items from Federal or tribal land in a manner consistent with section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c)).
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3225.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306102 | 16 U.S.C. 470h–2(a)(2). | Pub. L. 89–665, title I, §110(a)(2), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2996; Pub. L. 102–575, title XL, §4012(2), Oct. 30, 1992, 106 Stat. 4760. |
In subsection (a), the words "except for programs and undertakings exempted" are substituted for "unless exempted" for clarity.
In subsection (b)(2), the words "as are listed in or may be eligible for the National Register" are omitted as unnecessary because of the definition of "historic property" in section 300308 of the new title.
§306103. Recordation of historic property prior to alteration or demolition
Each Federal agency shall initiate measures to ensure that where, as a result of Federal action or assistance carried out by the agency, a historic property is to be substantially altered or demolished—
(1) timely steps are taken to make or have made appropriate records; and
(2) the records are deposited, in accordance with section 302107 of this title, in the Library of Congress or with such other appropriate agency as the Secretary may designate, for future use and reference.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3226.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306103 | 16 U.S.C. 470h–2(b). | Pub. L. 89–665, title I, §110(b), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. |
§306104. Agency Preservation Officer
The head of each Federal agency (except an agency that is exempted under section 304108(c) of this title) shall designate a qualified official as the agency's Preservation Officer who shall be responsible for coordinating the agency's activities under this division. Each Preservation Officer may, to be considered qualified, satisfactorily complete an appropriate training program established by the Secretary under section 306101(c) of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3226.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306104 | 16 U.S.C. 470h–2(c). | Pub. L. 89–665, title I, §110(c), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2996; Pub. L. 102–575, title XL, §4006(b), Oct. 30, 1992, 106 Stat. 4757. |
§306105. Agency programs and projects
Consistent with the agency's missions and mandates, each Federal agency shall carry out agency programs and projects (including those under which any Federal assistance is provided or any Federal license, permit, or other approval is required) in accordance with the purposes of this division and give consideration to programs and projects that will further the purposes of this division.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3226.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306105 | 16 U.S.C. 470h–2(d). | Pub. L. 89–665, title I, §110(d), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. |
§306106. Review of plans of transferees of surplus federally owned historic property
The Secretary shall review and approve the plans of transferees of surplus federally owned historic property not later than 90 days after receipt of the plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3226.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306106 | 16 U.S.C. 470h–2(e). | Pub. L. 89–665, title I, §110(e), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. |
§306107. Planning and actions to minimize harm to National Historic Landmarks
Prior to the approval of any Federal undertaking that may directly and adversely affect any National Historic Landmark, the head of the responsible Federal agency shall to the maximum extent possible undertake such planning and actions as may be necessary to minimize harm to the landmark. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3226.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306107 | 16 U.S.C. 470h–2(f). | Pub. L. 89–665, title I, §110(f), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. |
§306108. Effect of undertaking on historic property
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, shall take into account the effect of the undertaking on any historic property. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3227.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306108 | 16 U.S.C. 470f. | Pub. L. 89–665, title I, §106, Oct. 15, 1966, 80 Stat. 917; Pub. L. 94–422, title II, §201(3), Sept. 28, 1976, 90 Stat. 1320. |
The words "historic property" are substituted for "district, site, building, structure, or object that is included in or eligible for inclusion in the National Register" because of the definition of "historic property" in section 300308 of the new title.
§306109. Costs of preservation as eligible project costs
A Federal agency may include the costs of preservation activities of the agency under this division as eligible project costs in all undertakings of the agency or assisted by the agency. The eligible project costs may include amounts paid by a Federal agency to a State to be used in carrying out the preservation responsibilities of the Federal agency under this division, and reasonable costs may be charged to Federal licensees and permittees as a condition to the issuance of the license or permit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3227.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306109 | 16 U.S.C. 470h–2(g). | Pub. L. 89–665, title I, §110(g), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2996. |
§306110. Annual preservation awards program
The Secretary shall establish an annual preservation awards program under which the Secretary may make monetary awards in amounts of not to exceed $1,000 and provide citations for special achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic property. The program may include the issuance of annual awards by the President to any citizen of the United States recommended for the award by the Secretary.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3227.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306110 | 16 U.S.C. 470h–2(h). | Pub. L. 89–665, title I, §110(h), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2997. |
The words "historic property" are substituted for "historic resources" for consistency because the defined term in the new division is "historic property".
§306111. Environmental impact statement
Nothing in this division shall be construed to—
(1) require the preparation of an environmental impact statement where the statement would not otherwise be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(2) provide any exemption from any requirement respecting the preparation of an environmental impact statement under that Act.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3227.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306111 | 16 U.S.C. 470h–2(i). | Pub. L. 89–665, title I, §110(i), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2997. |
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
§306112. Waiver of provisions in event of natural disaster or imminent threat to national security
The Secretary shall promulgate regulations under which the requirements of this subchapter (except section 306108) may be waived in whole or in part in the event of a major natural disaster or an imminent threat to national security.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3227.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306112 | 16 U.S.C. 470h–2(j). | Pub. L. 89–665, title I, §110(j), as added Pub. L. 96–515, title II, §206, Dec. 12, 1980, 94 Stat. 2997. |
§306113. Anticipatory demolition
Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant that, with intent to avoid the requirements of section 306108 of this title, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, has allowed the significant adverse effect to occur, unless the agency, after consultation with the Council, determines that circumstances justify granting the assistance despite the adverse effect created or permitted by the applicant.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3227.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306113 | 16 U.S.C. 470h–2(k). | Pub. L. 89–665, title I, §110(k), as added Pub. L. 102–575, title XL, §4012(3), Oct. 30, 1992, 106 Stat. 4760. |
§306114. Documentation of decisions respecting undertakings
With respect to any undertaking subject to section 306108 of this title that adversely affects any historic property for which a Federal agency has not entered into an agreement pursuant to regulations issued by the Council, the head of the agency shall document any decision made pursuant to section 306108 of this title. The head of the agency may not delegate the responsibility to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been executed with respect to an undertaking, the agreement shall govern the undertaking and all of its parts.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3228.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306114 | 16 U.S.C. 470h–2(l). | Pub. L. 89–665, title I, §110(l), as added Pub. L. 102–575, title XL, §4012(3), Oct. 30, 1992, 106 Stat. 4761; Pub. L. 106–208, §5(a)(8), May 26, 2000, 114 Stat. 319. |
The words "historic property" are substituted for "property included in or eligible for inclusion in the National Register" because of the definition of "historic property" in section 300308 of the new title. The words "to document a decision pursuant to this section" are substituted for "pursuant to such section" for clarity. The language was not intended to limit agency authority to delegate responsibilities under section 106 of the National Historic Preservation Act (Public Law 89–665, 80 Stat. 917). The words "agreement pursuant to regulations issued by the Council" are substituted for "a section 106 memorandum", and the word "agreement" is substituted for "memorandum", for clarity and for consistency in the new section.
SUBCHAPTER II—LEASE, EXCHANGE, OR MANAGEMENT OF HISTORIC PROPERTY
§306121. Lease or exchange
(a)
(1) shall, to the extent practicable, establish and implement alternatives (including adaptive use) for historic property that is not needed for current or projected agency purposes; and
(2) may lease historic property owned by the agency to any person or organization, or exchange any property owned by the agency with comparable historic property, if the agency head determines that the lease or exchange will adequately ensure the preservation of the historic property.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3228.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306121(a) | 16 U.S.C. 470h–3(a). | Pub. L. 89–665, title I, §111(a), as added Pub. L. 96–515, title II, §207, Dec. 12, 1980, 94 Stat. 2997; Pub. L. 102–575, title XL, §4013, Oct. 30, 1992, 106 Stat. 4761. |
306121(b) | 16 U.S.C. 470h–3(b). | Pub. L. 89–665, title I, §111(b), as added Pub. L. 96–515, title II, §207, Dec. 12, 1980, 94 Stat. 2997. |
Statutory Notes and Related Subsidiaries
Historic Lease Process Simplification
Pub. L. 105–391, title VIII, §802(b), Nov. 13, 1998, 112 Stat. 3523, provided that: "The Secretary is directed to simplify, to the maximum extent possible, the leasing process for historic properties with the goal of leasing available structures in a timely manner."
[For "Secretary" as used in section 802(b) of Pub. L. 105–391, set out above, as meaning the Secretary of the Interior, see section 2 of Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3498, which was classified to section 5901 of Title 16, Conservation, prior to repeal by Pub. L. 113–287.]
§306122. Contracts for management of historic property
The head of any Federal agency having responsibility for the management of any historic property may, after consultation with the Council, enter into a contract for the management of the property. The contract shall contain terms and conditions that the head of the agency considers necessary or appropriate to protect the interests of the United States and ensure adequate preservation of the historic property.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3228.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306122 | 16 U.S.C. 470h–3(c). | Pub. L. 89–665, title I, §111(c), as added Pub. L. 96–515, title II, §207, Dec. 12, 1980, 94 Stat. 2997. |
SUBCHAPTER III—PROTECTION AND PRESERVATION OF RESOURCES
§306131. Standards and guidelines
(a)
(1)
(A) all actions taken by employees or contractors of the agency meet professional standards under regulations developed by the Secretary in consultation with the Council, other affected agencies, and the appropriate professional societies of archeology, architecture, conservation, history, landscape architecture, and planning;
(B) agency personnel or contractors responsible for historic property meet qualification standards established by the Office of Personnel Management in consultation with the Secretary and appropriate professional societies of archeology, architecture, conservation, curation, history, landscape architecture, and planning; and
(C) records and other data, including data produced by historical research and archeological surveys and excavations, are permanently maintained in appropriate databases and made available to potential users pursuant to such regulations as the Secretary shall promulgate.
(2)
(3)
(b)
(1) provide information to the owners of historic property (including architectural, curatorial, and archeological property) with demonstrated or likely research significance, about the need for protection of the historic property, and the available means of protection;
(2) encourage owners to preserve historic property intact and in place and offer the owners of historic property information on the tax and grant assistance available for the donation of the historic property or of a preservation easement of the historic property;
(3) encourage the protection of Native American cultural items (within the meaning of section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)) and of property of religious or cultural importance to Indian tribes, Native Hawaiian organizations, or other Native American groups; and
(4) encourage owners that are undertaking archeological excavations to—
(A) conduct excavations and analyses that meet standards for federally-sponsored excavations established by the Secretary;
(B) donate or lend artifacts of research significance to an appropriate research institution;
(C) allow access to artifacts for research purposes; and
(D) prior to excavating or disposing of a Native American cultural item in which an Indian tribe or Native Hawaiian organization may have an interest under subparagraph (B) or (C) of section 3(a)(2) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and consult with the Indian tribe or Native Hawaiian organization.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3229; Pub. L. 114–289, title VI, §601(f), Dec. 16, 2016, 130 Stat. 1491.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306131 | 16 U.S.C. 470h–4. | Pub. L. 89–665, title I, §112, as added Pub. L. 102–575, title XL, §4014, Oct. 30, 1992, 106 Stat. 4761; Pub. L. 106–208, §5(a)(9), May 26, 2000, 114 Stat. 319. |
In subparagraphs (A) and (B) of subsection (a)(1), the words "the disciplines involved, specifically" are omitted as unnecessary.
In subsection (a)(3), the words "within 2 years after October 20, 1992" are omitted as obsolete.
In subsection (b)(1), the word "property" is substituted for "resources" for consistency because the defined term in the new division is "property".
Editorial Notes
Amendments
2016—Subsec. (a)(3). Pub. L. 114–289 substituted "Office of Personnel Management" for "Office of Management and Budget".
Subdivision 6—Miscellaneous
CHAPTER 3071—MISCELLANEOUS
§307101. World Heritage Convention
(a)
(b)
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3230.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
307101(a) | no source. | |
307101(b) through (d) | 16 U.S.C. 470a–1. | Pub. 96–515, title IV, §401, Dec. 12, 1980, 94 Stat. 3000; Pub. L. 103–437, §6(d)(28), Nov. 2, 1994, 108 Stat. 4584. |
307101(e) | 16 U.S.C. 470a–2. | Pub. L. 96–515, title IV, §402, Dec. 12, 1980, 94 Stat. 3000. |
Subsection (a) is added for clarity because of the definition of "Secretary" in section 300316 of the new title.
§307102. Effective date of regulations
(a)
(b)
(c)
(d)
(1) continuity of session is broken only by an adjournment sine die; and
(2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of 60 and 90 calendar days of continuous session of Congress.
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3231.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
307102 | 16 U.S.C. 470w–6. | Pub. L. 89–665, title III, §307, as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3004; Pub. L. 103–437, §6(d)(29), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, §814(d)(1)(O), (2)(E), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 106–176, title I, §120(a)(2), Mar. 10, 2000, 114 Stat. 28; Pub. L. 106–208, §5(a)(11)–(13), May 26, 2000, 114 Stat. 319. |
§307103. Access to information
(a)
(1) cause a significant invasion of privacy;
(2) risk harm to the historic property; or
(3) impede the use of a traditional religious site by practitioners.
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3231.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
307103 | 16 U.S.C. 470w–3. | Pub. L. 89–665, title III, §304, as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3002; Pub. L. 102–575, title XL, §4020, Oct. 30, 1992, 106 Stat. 4765. |
§307104. Inapplicability of division to White House, Supreme Court building, or United States Capitol
Nothing in this division applies to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3232.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
307104 | 16 U.S.C. 470g. | Pub. L. 89–665, title I, §107, Oct. 15, 1966, 80 Stat. 915. |
§307105. Attorney's fees and costs to prevailing parties in civil actions
In any civil action brought in any United States district court by any interested person to enforce this division, if the person substantially prevails in the action, the court may award attorney's fees, expert witness fees, and other costs of participating in the civil action, as the court considers reasonable.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3232.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
307105 | 16 U.S.C. 470w–4. | Pub. L. 89–665, title III, §305, as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3002. |
§307106. Authorization for expenditure of appropriated funds
Where appropriate, each Federal agency may expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this division, except to the extent that appropriations legislation expressly provides otherwise.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3232.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
307106 | 16 U.S.C. 470w–1. | Pub. L. 89–665, title III, §302, as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3002. |
§307107. Donations and bequests of money, personal property, and less than fee interests in historic property
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3232.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
307107 | 16 U.S.C. 470w–2. | Pub. L. 89–665, title III, §303, as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3002. |
§307108. Privately donated funds
(a)
(b)
(1)
(A) the national significance of the project;
(B) its historical value to the community;
(C) the imminence of its destruction or loss; and
(D) the expressed intentions of the donor.
(2)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3232.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
307108 | 16 U.S.C. 470h–1. | Pub. L. 89–665, title I, §109, as added Pub. L. 96–244, §1, May 19, 1980, 94 Stat. 346. |
In subsection (a), the word "included" is substituted for "listed" for consistency in the revised subtitle.
DIVISION B—ORGANIZATIONS AND PROGRAMS
Subdivision 1—Administered by National Park Service
Statutory Notes and Related Subsidiaries
Japanese American World War II History Network
Pub. L. 117–328, div. DD, title VI, §645, Dec. 29, 2022, 136 Stat. 5615, provided that:
"(a)
"(b)
"(1) review studies and reports to complement and not duplicate studies of Japanese American World War II history and Japanese American experiences during World War II, including studies related to relocation centers and confinement sites, that are underway or completed;
"(2) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information relating to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites;
"(3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (d); and
"(4)(A) create and adopt an official, uniform symbol or device for the Network; and
"(B) issue regulations for the use of the symbol or device adopted under subparagraph (A).
"(c)
"(1) All units and programs of the National Park Service that are determined by the Secretary to relate to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites.
"(2) With the consent of the property owner, other Federal, State, local, Tribal, and privately owned properties that—
"(A) relate to Japanese American World War II history and Japanese experiences during the war, including relocation centers and confinement sites;
"(B) have a verifiable connection to Japanese American World War II history and Japanese experiences during the war, including relocation and confinement sites; and
"(C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places.
"(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to Japanese American World War II history and the experiences of Japanese Americans during the war, including relocation centers and confinement sites.
"(d)
"(e)
Historic Confinement Sites
Pub. L. 109–441, Dec. 21, 2006, 120 Stat. 3288, as amended by Pub. L. 111–88, div. A, title I, §119, Oct. 30, 2009, 123 Stat. 2929; Pub. L. 117–328, div. DD, title VI, §644, Dec. 29, 2022, 136 Stat. 5614, provided that:
"SECTION. 1. PRESERVATION OF HISTORIC CONFINEMENT SITES.
"(a)
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(A) Jerome, depicted in Figure 7.1 of the Site Document.
"(B) Rohwer, depicted in Figure 11.2 of the Site Document.
"(C) Topaz, depicted in Figure 12.2 of the Site Document.
"(D) Honouliuli, located on the southern part of the Island of Oahu, Hawaii, and within the land area bounded by H1 to the south, Route 750 (Kunia Road) to the east, the Honouliuli Forest Reserve to the west, and Kunia town and Schofield Barracks to the north.
"(E) Heart Mountain, depicted in Figure 6.3 of the Site Document.
"(3)
"(d)
"(e)
"SEC. 2. DEFINITIONS.
"For purposes of this Act the following definitions apply:
"(1)
"(B) other historically significant locations, as determined by the Secretary, where Japanese Americans were detained during World War II.
"(2)
"(3)
"(4)
"(5)
"SEC. 3. PRIVATE PROPERTY PROTECTION.
"No Federal funds made available to carry out this Act may be used to acquire any real property or any interest in any real property without the written consent of the owner or owners of that property or interest in property.
"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) no reasonable means are available through which an applicant can meet the matching requirement; and
"(ii) the probable benefit of the project funded outweighs the public interest in the matching requirement."
CHAPTER 3081—AMERICAN BATTLEFIELD PROTECTION PROGRAM
Editorial Notes
Amendments
2019—Pub. L. 116–94, div. P, title VII, §703(b), Dec. 20, 2019, 133 Stat. 3196, added items 308104 and 308105.
§308101. Definition
In this chapter, the term "Secretary" means the Secretary, acting through the American Battlefield Protection Program.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3233.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308101 | 16 U.S.C. 469k–1(c)(1)(D). | Pub. L. 111–11, title VII, subtitle D, §7301(c)(1)(D), Mar. 30, 2009, 123 Stat. 1213. |
Statutory Notes and Related Subsidiaries
Purpose
Pub. L. 111–11, title VII, §7301(a), Mar. 30, 2009, 123 Stat. 1213, provided that: "The purpose of this section [enacting former section 469k–1 of Title 16, Conservation] is to assist citizens, public and private institutions, and governments at all levels in planning, interpreting, and protecting sites where historic battles were fought on American soil during the armed conflicts that shaped the growth and development of the United States, in order that present and future generations may learn and gain inspiration from the ground where Americans made their ultimate sacrifice."
§308102. Preservation assistance
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3233.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308102 | 16 U.S.C. 469k–1(b). | Pub. L. 111–11, title VII, subtitle D, §7301(b), Mar. 30, 2009, 123 Stat. 1213. |
§308103. Battlefield acquisition grant program
(a)
(1) that is not within the exterior boundaries of a System unit; and
(2) that is identified in the document entitled "Report on the Nation's Civil War Battlefields", prepared by the Civil War Sites Advisory Commission, and dated July 1993.
(b)
(c)
(d)
(e)
(f)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3234; Pub. L. 113–76, div. G, title IV, §429, Jan. 17, 2014, 128 Stat. 345; Pub. L. 113–235, div. F, title IV, §421, Dec. 16, 2014, 128 Stat. 2449; Pub. L. 113–291, div. B, title XXX, §3050, Dec. 19, 2014, 128 Stat. 3799; Pub. L. 116–94, div. P, title VII, §702, Dec. 20, 2019, 133 Stat. 3195.)
Amendment Not Shown in Text
This section was derived from section 469k–1(c)(1)(A) to (C), (2) to (6) of Title 16, Conservation, which was amended by Pub. L. 113–76, div. G, title IV, §429, Jan. 17, 2014, 128 Stat. 345; Pub. L. 113–235, div. F, title IV, §421, Dec. 16, 2014, 128 Stat. 2449; and Pub. L. 113–291, div. B, title XXX, §3050, Dec. 19, 2014, 128 Stat. 3799. For applicability of those amendments to this section, see section 6(b) of Pub. L. 113–287, set out as a Transitional and Savings Provisions note preceding section 100101 of this title.
Subsec. (c)(6) of former section 469k–1 of Title 16 [restated in subsec. (f) of this section] was amended by Pub. L. 113–76 by striking "2013" and inserting "2014" and by Pub. L. 113–235 by striking "2014" and inserting "2021".
Subsec. (c) of former section 469k–1 of Title 16 was amended by Pub. L. 113–291 as follows:
(1) In paragraph (1)—
(A) by striking subparagraph (A) [restated in subsec. (a)(2) of this section] and inserting the following:
"(A) BATTLEFIELD REPORT.—The term 'battlefield report' means, collectively—
"(i) the report entitled 'Report on the Nation's Civil War Battlefields', prepared by the Civil War Sites Advisory Commission, and dated July 1993; and
"(ii) the report entitled 'Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States', prepared by the National Park Service, and dated September 2007."; and
(B) in subparagraph (C)(ii) [restated in subsec. (a)(2) of this section], by striking "Battlefield Report" and inserting "battlefield report";
(2) In paragraph (2) [restated in subsec. (b) of this section], by inserting "eligible sites or" after "acquiring";
(3) In paragraph (3) [restated in subsec. (c) of this section], by inserting "an eligible site or" after "acquire";
(4) In paragraph (4) [restated as subsec. (d) of this section], by inserting "an eligible site or" after "acquiring";
(5) In paragraph (5) [restated as subsec. (e) of this section], by striking "An" and inserting "An eligible site or an";
(6) By redesignating paragraph (6) [restated as subsec. (f) of this section] as paragraph (9);
(7) By inserting after paragraph (5) [restated as subsec. (e) of this section] the following new paragraphs:
"(6) WILLING SELLERS.—Acquisition of land or interests in land under this subsection shall be from willing sellers only.
"(7) REPORT.—Not later than 5 years after the date of the enactment of this paragraph, the Secretary shall submit to Congress a report on the activities carried out under this subsection, including a description of—
"(A) preservation activities carried out at the battlefields and associated sites identified in the battlefield report during the period between publication of the battlefield report and the report required under this paragraph;
"(B) changes in the condition of the battlefields and associated sites during that period; and
"(C) any other relevant developments relating to the battlefields and associated sites during that period.
"(8) PROHIBITION ON LOBBYING.—None of the funds provided pursuant to this section shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress."; and
(8) In paragraph (9) [restated as subsec. (f) of this section] (as redesignated), by striking "2014" and inserting "2021".
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308103(a) | 16 U.S.C. 469k–1(c)(1)(A), (C). | Pub. L. 111–11, title VII, subtitle D, §7301(c)(1)(A) through (C), (2) through (6), Mar. 30, 2009, 123 Stat. 1213. |
308103(b) | 16 U.S.C. 469k–1(c)(1)(B), (2). | |
308103(c) | 16 U.S.C. 469k–1(c)(1)(B), (3). | |
308103(d) through (f) | 16 U.S.C. 469k–1(c)(4) through (6). |
In subsection (f), reference to fiscal years 2009 to 2011 is omitted as obsolete.
Editorial Notes
Amendments
2019—Subsec. (f). Pub. L. 116–94 substituted "$18,000,000 for each of fiscal years 2020 through 2028" for "$10,000,000 for each of fiscal years 2012 and 2013".
§308104. Battlefield interpretation modernization grant program
(a)
(b)
(c)
(d)
(Added Pub. L. 116–94, div. P, title VII, §703(a), Dec. 20, 2019, 133 Stat. 3195.)
§308105. Battlefield restoration grant program
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 116–94, div. P, title VII, §703(a), Dec. 20, 2019, 133 Stat. 3196.)
CHAPTER 3083—NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM
§308301. Definition
In this chapter, the term "national network" means the National Underground Railroad Network to Freedom established under section 308302 of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3234.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308301 | no source. |
Statutory Notes and Related Subsidiaries
Purposes of Pub. L. 105–203
Pub. L. 105–203, §2(b), July 21, 1998, 112 Stat. 679, provided that: "The purposes of this Act [see 54 U.S.C. 308301 et seq.] are the following:
"(1) To recognize the importance of the Underground Railroad, the sacrifices made by those who used the Underground Railroad in search of freedom from tyranny and oppression, and the sacrifices made by the people who helped them.
"(2) To authorize the National Park Service to coordinate and facilitate Federal and non-Federal activities to commemorate, honor, and interpret the history of the Underground Railroad, its significance as a crucial element in the evolution of the national civil rights movement, and its relevance in fostering the spirit of racial harmony and national reconciliation."
§308302. Program
(a)
(1) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information;
(2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and
(3) create and adopt an official, uniform symbol or device for the national network and issue regulations for its use.
(b)
(1) All System units and programs of the Service determined by the Secretary to pertain to the Underground Railroad.
(2) Other Federal, State, local, and privately owned properties pertaining to the Underground Railroad that have a verifiable connection to the Underground Railroad and that are included on, or determined by the Secretary to be eligible for inclusion on, the National Register of Historic Places.
(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to the Underground Railroad.
(c)
(1) to the heads of other Federal agencies, States, localities, regional governmental bodies, and private entities; and
(2) in cooperation with the Secretary of State, to the governments of Canada, Mexico, and any appropriate country in the Caribbean.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3234.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308302 | 16 U.S.C. 469l–1. | Pub. L. 105–203, §3, July 21, 1998, 112 Stat. 679; Pub. L. 110–229, title III, subtitle G, §361(a)(1), May 8, 2008, 122 Stat. 801. |
In subsection (a), the words "a program to be known as" are omitted as unnecessary. The words "national network" are substituted for "program" because of the definition of "national network" in section 308301 of this title and for consistency with subsections (b) and (c).
§308303. Preservation and interpretation of Underground Railroad history, historic sites, and structures
(a)
(b)
(1) no change or alteration may be made in property for which the grant is used except with the agreement of the property owner and the Secretary;
(2) the Secretary shall have the right of access at reasonable times to the public portions of the property for interpretive and other purposes; and
(3) conversion, use, or disposal of the property for purposes contrary to the purposes of this chapter, as determined by the Secretary, shall result in a right of the United States to compensation equal to all Federal funds made available to the grantee under this chapter.
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3235.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308303 | 16 U.S.C. 469l–2. | Pub. L. 105–203, §4, as added Pub. L. 106–291, title I, §150(h), Oct. 11, 2000, 114 Stat. 959; Pub. L. 110–229, title III, subtitle G, §361(a)(2), May 8, 2008, 122 Stat. 801. |
Statutory Notes and Related Subsidiaries
National Underground Railroad Freedom Center
Pub. L. 106–291, title I, §150(b), Oct. 11, 2000, 114 Stat. 956, provided that:
"(1)
"(A) the National Underground Railroad Freedom Center (hereinafter 'Freedom Center') is a nonprofit organization incorporated under the laws of the State of Ohio in 1995;
"(B) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through development of a national cultural institution in Cincinnati, Ohio, that will house an interpretive center, including museum, educational, and research facilities, all dedicated to communicating to the public the importance of the quest for human freedom which provided the foundation for the historic and inspiring story of the Underground Railroad;
"(C) the city of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom Center;
"(D) the Freedom Center will be a national center linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and to a constituency that reaches across the United States, Canada, Mexico, the Caribbean and beyond; and
"(E) the Freedom Center has reached an agreement with the National Park Service to pursue a range of historical and educational cooperative activities related to the Underground Railroad, including but not limited to assisting the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act [see 54 U.S.C. 308301 et seq.].
"(2)
"(A) to promote preservation and public awareness of the history of the Underground Railroad;
"(B) to assist the Freedom Center in the development of its programs and facilities in Cincinnati, Ohio; and
"(C) to assist the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (112 Stat. 679; [former] 16 U.S.C. 469l and following) [see 54 U.S.C. 308301 et seq.]."
§308304. Authorization of appropriations
(a)
(1) $2,000,000 shall be used to carry out section 308302 of this title; and
(2) $500,000 shall be used to carry out section 308303 of this title.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3235.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308304 | 16 U.S.C. 469l–3. | Pub. L. 105–203, §5, as added Pub. L. 110–229, title III, subtitle G, §361(a)(3), May 8, 2008, 122 Stat. 801. |
CHAPTER 3084—AFRICAN AMERICAN CIVIL RIGHTS NETWORK
Editorial Notes
Amendments
2019—Pub. L. 116–9, title II, §2407(a), Mar. 12, 2019, 133 Stat. 750, substituted "African American Civil Rights Network" for "U.S. Civil Rights Network" in chapter heading and in item 308402.
§308401. Definition of network 1
In this chapter, the term "Network" means the African American Civil Rights Network established under section 308402(a).
(Added Pub. L. 115–104, §3(a), Jan. 8, 2018, 131 Stat. 2260.)
Statutory Notes and Related Subsidiaries
Purposes
Pub. L. 115–104, §2, Jan. 8, 2018, 131 Stat. 2260, provided that: "The purposes of this Act [enacting this chapter] are—
"(1) to recognize—
"(A) the importance of the African American civil rights movement; and
"(B) the sacrifices made by the people who fought against discrimination and segregation; and
"(2) to authorize the National Park Service to coordinate and facilitate Federal and non-Federal activities to commemorate, honor, and interpret—
"(A) the history of the African American civil rights movement;
"(B) the significance of the civil rights movement as a crucial element in the evolution of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.); and
"(C) the relevance of the African American civil rights movement in fostering the spirit of social justice and national reconciliation."
1 So in original. Probably should be capitalized.
§308402. African American Civil Rights Network
(a)
(b)
(1) review studies and reports to complement and not duplicate studies of the historical importance of the African American civil rights movement that may be underway or completed, such as the Civil Rights Framework Study;
(2) produce and disseminate appropriate educational materials relating to the African American civil rights movement, such as handbooks, maps, interpretive guides, or electronic information;
(3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and
(4)(A) create and adopt an official, uniform symbol or device for the Network; and
(B) issue regulations for the use of the symbol or device adopted under subparagraph (A).
(c)
(1) All units and programs of the Service that are determined by the Secretary to relate to the African American civil rights movement during the period from 1939 through 1968.
(2) With the consent of the property owner, other Federal, State, local, and privately owned properties that—
(A) relate to the African American civil rights movement;
(B) have a verifiable connection to the African American civil rights movement; and
(C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places.
(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to the African American civil rights movement.
(Added Pub. L. 115–104, §3(a), Jan. 8, 2018, 131 Stat. 2261; amended Pub. L. 116–9, title II, §2407(a), Mar. 12, 2019, 133 Stat. 750.)
Editorial Notes
Amendments
2019—Pub. L. 116–9 substituted "African American Civil Rights Network" for "U.S. Civil Rights Network" in section catchline and subsec. (a).
Statutory Notes and Related Subsidiaries
References
Pub. L. 116–9, title II, §2407(c), Mar. 12, 2019, 133 Stat. 750, provided that: "Any reference in any law (other than in this section [amending this section and analyses preceding section 100101 and preceding section 308401 of this title]), regulation, document, record, map, or other paper of the United States to the 'U.S. Civil Rights Network' shall be considered to be a reference to the 'African American Civil Rights Network'."
§308403. Cooperative agreements and memoranda of understanding
To achieve the purposes of this chapter and to ensure effective coordination of the Federal and non-Federal elements of the Network described in section 308402(c) with System units and programs of the Service, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to the heads of other Federal agencies, States, units of local government, regional governmental bodies, and private entities.
(Added Pub. L. 115–104, §3(a), Jan. 8, 2018, 131 Stat. 2261.)
§308404. Sunset
This program shall expire on the date that is 7 years after the date of enactment of this chapter.
(Added Pub. L. 115–104, §3(a), Jan. 8, 2018, 131 Stat. 2261.)
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in text, is the date of enactment of Pub. L. 115–104, which was approved Jan. 8, 2018.
CHAPTER 3085—NATIONAL WOMEN'S RIGHTS HISTORY PROJECT
§308501. National women's rights history project national registry
(a)
(b)
(c)
(1) the results of the inventory conducted under subsection (a); and
(2) any links to websites related to places on the inventory.
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3236.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308501 | 16 U.S.C. 469m(b). | Pub. L. 111–11, title VII, subtitle B, §7111(b), Mar. 30, 2009, 123 Stat. 1200. |
In subsection (e), reference to fiscal years 2009 to 2011 is omitted as obsolete.
§308502. National women's rights history project partnerships network
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3236.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308502 | 16 U.S.C. 469m(c). | Pub. L. 111–11, title VII, subtitle B, §7111(c), Mar. 30, 2009, 123 Stat. 1200. |
In subsection (b)(1), the words "nongovernmental managing entity" are substituted for "nongovernmental managing network" for consistency.
In subsection (d), reference to fiscal years 2009 to 2011 is omitted as obsolete.
CHAPTER 3086—UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM
§308601. Definitions
In this chapter:
(1)
(2)
(3)
(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5613.)
§308602. United States African-American Burial Grounds Preservation Program
(a)
(b)
(c)
(d)
(1) with the consent of the property owner; and
(2) at the request of an individual, landowner, private or nonprofit organization, State, Tribal, or local government, or other entity.
(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5613.)
§308603. Authority to make grants
(a)
(1) the identification of historic African-American burial grounds that may qualify for the Program;
(2) the preservation and restoration of African-American burial grounds;
(3) the interpretation of African-American burial grounds; and
(4) related research and documentation for historic African-American burial grounds.
(b)
(1)
(2)
(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5613.)
§308604. Cooperative agreements and memoranda of understanding
The Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Tribal governments, regional governmental bodies, nonprofit organizations, educational institutions, and private entities—
(1) to achieve the purposes of this chapter; and
(2) to ensure effective coordination of the Federal elements and non-Federal elements provided a grant or other assistance under the Program with System units and programs of the Service.
(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5614.)
§308605. Private property protection
Nothing in this chapter—
(1) authorizes the Secretary to require or affect the management or use of private property without the written consent of the owner of the private property;
(2) prohibits the Secretary from providing land management guidance or requirements relating to private property as a condition of a grant provided to the owner of the private property under this chapter; or
(3) shall be construed as creating any new regulatory burden on any Federal, State, Tribal, or private entity.
(Added Pub. L. 117–328, div. DD, title VI, §643(a), Dec. 29, 2022, 136 Stat. 5614.)
CHAPTER 3087—NATIONAL MARITIME HERITAGE
§308701. Policy
It shall be the policy of the Federal Government, in partnership with the States and local governments and private organizations and individuals, to—
(1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our historic maritime resources can exist in productive harmony;
(2) provide leadership in the preservation of the historic maritime resources of the United States;
(3) contribute to the preservation of historic maritime resources and give maximum encouragement to organizations and individuals undertaking preservation by private means; and
(4) assist State and local governments to expand their maritime historic preservation programs and activities.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3237.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308701 | 16 U.S.C. 5402. | Pub. L. 103–451, §3, Nov. 2, 1994, 108 Stat. 4770. |
§308702. Definitions
In this chapter:
(1)
(2)
(3)
(4)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3237.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308702 | 16 U.S.C. 5406. | Pub. L. 103–451, §7, Nov. 2, 1994, 108 Stat. 4777. |
The definition of "Committee" is omitted as obsolete.
§308703. National Maritime Heritage Grants Program
(a)
(1) annual grants to the National Trust for subgrants administered by the National Trust for maritime heritage education projects under subsection (b); and
(2) grants to State Historic Preservation Officers for maritime heritage preservation projects carried out or administered by those Officers under subsection (c).
(b)
(1)
(2)
(A) assistance to any maritime museum or historical society for—
(i) existing and new educational programs, exhibits, educational activities, conservation, and interpretation of artifacts and collections;
(ii) minor improvements to educational and museum facilities; and
(iii) other similar activities;
(B) activities designed to encourage the preservation of traditional maritime skills, including—
(i) building and operation of vessels of all sizes and types for educational purposes;
(ii) special skills such as wood carving, sail making, and rigging;
(iii) traditional maritime art forms; and
(iv) sail training;
(C) other educational activities relating to historic maritime resources, including—
(i) maritime educational waterborne-experience programs in historic vessels or vessel reproductions;
(ii) maritime archeological field schools; and
(iii) educational programs on other aspects of maritime history;
(D) heritage programs focusing on maritime historic resources, including maritime heritage trails and corridors; or
(E) the construction and use of reproductions of historic maritime resources for educational purposes, if a historic maritime resource no longer exists or would be damaged or consumed through direct use.
(c)
(1)
(2)
(A) identification of historic maritime resources, including underwater archeological sites;
(B) acquisition of historic maritime resources for the purposes of preservation;
(C) repair, restoration, stabilization, maintenance, or other capital improvements to historic maritime resources, in accordance with standards prescribed by the Secretary; and
(D) research, recording (through drawings, photographs, or otherwise), planning (through feasibility studies, architectural and engineering services, or otherwise), and other services carried out as part of a preservation program for historic maritime resources.
(d)
(1) demonstrate that the project for which the direct grant or subgrant will be used has the potential for reaching a broad audience with an effective educational program based on American maritime history, technology, or the role of maritime endeavors in American culture;
(2) match the amount of the direct grant or subgrant, on a 1-to-1 basis, with non-Federal assets from non-Federal sources, which may include cash or donated services fairly valued as determined by the Secretary;
(3) maintain records as may be reasonably necessary to fully disclose—
(A) the amount and the disposition of the proceeds of the direct grant or subgrant;
(B) the total cost of the project for which the direct grant or subgrant is made; and
(C) other records as may be required by the Secretary, including such records as will facilitate an effective accounting for project funds;
(4) provide access to the Secretary for the purposes of any required audit and examination of any records of the person; and
(5) be a unit of State or local government, or a private nonprofit organization.
(e)
(1)
(2)
(f)
(1)
(2)
(g)
(1) a solicitation of applications for direct grants and subgrants under this section;
(2) a list of priorities for the making of those direct grants and subgrants;
(3) a single deadline for the submission of applications for those direct grants and subgrants; and
(4) other relevant information.
(h)
(1)
(A)
(B)
(C)
(2)
(A) publicizing the Program to prospective grantees, subgrantees, and the public at large, in cooperation with the Service, the Maritime Administration, and other appropriate government agencies and private institutions;
(B) answering inquiries from the public, including providing information on the Program as requested;
(C) distributing direct grant and subgrant applications;
(D) receiving direct grant and subgrant applications and ensuring their completeness;
(E) keeping records of all direct grant and subgrant awards and expenditures of funds;
(F) monitoring progress of projects carried out with direct grants and subgrants; and
(G) providing to the Secretary such progress reports as may be required by the Secretary.
(i)
(j)
(1) the total number of grant applications submitted and approved under the Program in the period covered by the report;
(2) a detailed description of each project funded under the Program in the period covered by the report;
(3) the results or accomplishments of each such project; and
(4) recommended priorities for achieving the policy set forth in section 308701 of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3238; Pub. L. 114–328, div. C, title XXXV, §3507(b), (c), Dec. 23, 2016, 130 Stat. 2778.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308703 | 16 U.S.C. 5403. | Pub. L. 103–451, §4, Nov. 2, 1994, 108 Stat. 4770. |
The text of 16 U.S.C. 5403(j) is omitted as obsolete.
In subsection (a), the text of 16 U.S.C. 5403(a)(3) is omitted as obsolete.
In subsections (b)(1) and (c)(1), the references are to paragraph (2) to correct errors in the source provisions.
In subsection (d)(4), the word "records" is substituted for "books, documents, papers, and records" to eliminate unnecessary words.
In subsection (f), the text of 16 U.S.C. 5403(f)(1) is omitted as obsolete.
In subsection (g), the text of 16 U.S.C. 5403(g)(2) is omitted as obsolete.
In subsection (h)(2), the text of 16 U.S.C. 5403(h)(5) and (6) is omitted as obsolete.
Editorial Notes
Amendments
2016—Subsec. (c)(1). Pub. L. 114–328, §3507(b), substituted "under section 308704(b)(1)(A)" for "under section 308704(b)(1)(B)".
Subsec. (j). Pub. L. 114–328, §3507(c)(1), in introductory provisions, substituted "the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives" for "Congress".
Subsec. (j)(1). Pub. L. 114–328, §3507(c)(3), added par. (1). Former par. (1) redesignated (2).
Subsec. (j)(2). Pub. L. 114–328, §3507(c)(2), (4), redesignated par. (1) as (2) and inserted "detailed" before "description". Former par. (2) redesignated (3).
Subsec. (j)(3), (4). Pub. L. 114–328, §3507(c)(2), redesignated pars. (2) and (3) as (3) and (4), respectively.
§308704. Funding
(a)
(1)
(A) Fifty percent shall be available to the Administrator of the Maritime Administration for such acquisition, maintenance, repair, reconditioning, or improvement of vessels in the National Defense Reserve Fleet as is authorized under other Federal law.
(B) Twenty five percent shall be available to the Administrator of the Maritime Administration for the payment or reimbursement of expenses incurred by or on behalf of State maritime academies or the United States Merchant Marine Academy for facility and training ship maintenance, repair, and modernization, and for the purchase of simulators and fuel.
(C) The remainder shall be available to the Secretary to carry out the Program, as provided in subsection (b).
(2)
(b)
(1)
(A)
(i) 50 percent shall be used for grants under section 308703(b); and
(ii) 50 percent shall be used for grants under section 308703(c).
(B)
(i)
(ii)
(iii)
(2)
(A)
(B)
(i) one half shall be allocated to the National Trust for expenses incurred in administering grants under section 308703(b) of this title; and
(ii) one half shall be allocated as appropriate by the Secretary to the Service and participating State Historic Preservation Officers.
(c)
(1)
(A) in accordance with a priority system for disposing of vessels, as determined by the Secretary, that shall include provisions requiring the Maritime Administration to—
(i) dispose of all deteriorated high priority ships that are available for disposal within 12 months of their designation as available for disposal; and
(ii) give priority to the disposition of those vessels that pose the most significant danger to the environment or cost the most to maintain;
(B) in the manner that provides the best value to the Federal Government, except in any case in which obtaining the best value would require towing a vessel and the towing poses a serious threat to the environment; and
(C) in accordance with the plan of the Department of Transportation for disposal of those vessels and requirements under sections 57102 to 57104 of title 46.
(2)
(A) are not assigned to the Ready Reserve Force component of the National Defense Reserve Fleet; and
(B) are not specifically authorized or required by statute to be used for a particular purpose.
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3241; Pub. L. 114–328, div. C, title XXXV, §3507(a), Dec. 23, 2016, 130 Stat. 2777.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308704 | 16 U.S.C. 5405. | Pub. L. 103–451, §6, Nov. 2, 1994, 108 Stat. 4776; Pub. L. 105–85, div. A, title X, §1026(c), Nov. 18, 1997, 111 Stat. 1878; Pub. L. 106–398, §1 [div. C, title XXXV, §3502(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–490; Pub. L. 110–181, div. C, title XXXV, §3514, Jan. 28, 2008, 122 Stat. 594; Pub. L. 111–84, div. C, title XXXV, §3509, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111–383, div. A, title X, §1075(n), Jan. 7, 2011, 124 Stat. 4378. |
The text of 16 U.S.C. 5405(b)(2) is omitted as obsolete.
In subsection (a)(1)(C), before subparagraph (i), the words "whether collected before or after October 28, 2009" are omitted as obsolete.
Editorial Notes
Amendments
2016—Subsec. (a)(1)(C). Pub. L. 114–328, §3507(a)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) related to availability of remainder of funds.
Subsec. (b)(1). Pub. L. 114–328, §3507(a)(2), amended par. (1) generally. Prior to amendment, par. (1) related to use of amounts for certain projects under the National Maritime Heritage Grants Program.
Statutory Notes and Related Subsidiaries
Pilot Program on Export of Obsolete Vessels for Dismantlement and Recycling
Pub. L. 107–314, div. C, title XXXV, §3504(c), (d), Dec. 2, 2002, 116 Stat. 2755, 2756, provided that the Secretary of Transportation, Secretary of State, and Administrator of the Environmental Protection Agency would jointly carry out, during fiscal year 2003, one or more pilot programs through the Maritime Administration to explore the feasibility and advisability of various alternatives for exporting obsolete vessels in the National Defense Reserve Fleet for purposes of the dismantlement and recycling of such vessels and the Secretary of Transportation shall submit to Congress a report on the pilot programs including a description of their activities and recommendations for further legislative or administrative action as the Secretary considers appropriate.
Scrapping of National Defense Reserve Fleet Vessels
Pub. L. 106–398, §1 [div. C, title XXXV, §3502(b)–(f)], Oct. 30, 2000, 114 Stat. 1654, 1654A–490 to 1654A–492, as amended by Pub. L. 109–163, div. C, title XXXV, §3505(a), Jan. 6, 2006, 119 Stat. 3551; Pub. L. 112–81, div. C, title XXXV, §3504, Dec. 31, 2011, 125 Stat. 1717; Pub. L. 112–239, div. C, title XXXV, §3502, Jan. 2, 2013, 126 Stat. 2222, provided that:
"(b)
"(1) at least cost to the Government;
"(2) in a timely manner;
"(3) giving consideration to worker safety and the environment; and
"(4) in a manner that minimizes the geographic distance that a vessel must be towed when towing a vessel poses a serious threat to the environment.
"(c)
"(1)
"(2)
"(A) include a strategy and implementation plan for disposal of obsolete National Defense Reserve Fleet vessels (including vessels added to the fleet after the enactment of this paragraph) in a timely manner, maximizing the use of all available disposal methods, including dismantling, use for artificial reefs, donation, and Navy training exercises;
"(B) identify and describe the funding and other resources necessary to implement the plan, and specific milestones for disposal of vessels under the plan;
"(C) establish performance measures to track progress toward achieving the goals of the program, including the expeditious disposal of ships commencing upon the date of the enactment of this paragraph;
"(D) develop a formal decisionmaking framework for the program; and
"(E) identify external factors that could impede successful implementation of the plan, and describe steps to be taken to mitigate the effects of such factors.
"(d)
"(1)
"(A) the management plan submitted under subsection (c); and
"(B) the requirements set forth in paragraph (2).
"(2)
"(A) use full and open competition; and
"(B) utilize domestic sources to the maximum extent practicable.
"(e)
"(1)
"(2)
"(f)
§308705. Designation of America's National Maritime Museum
(a)
(1) house a collection of maritime artifacts clearly representing the Nation's maritime heritage; and
(2) provide outreach programs to educate the public about the Nation's maritime heritage.
(b)
(1) The Mariners' Museum, located at 100 Museum Drive, Newport News, Virginia.
(2) The South Street Seaport Museum, located at 207 Front Street, New York, New York.
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3242.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308705 | 16 U.S.C. 5409. | Pub. L. 105–261, div. A, title X, §1068, Oct. 17, 1998, 112 Stat. 2135. |
§308706. Regulations
The Secretary, after consultation with the National Trust, the National Conference of State Historic Preservation Officers, and appropriate members of the maritime heritage community, shall prescribe appropriate guidelines, procedures, and regulations to carry out the chapter, including direct grant and subgrant priorities, the method of solicitation and review of direct grant and subgrant proposals, criteria for review of direct grant and subgrant proposals, administrative requirements, reporting and recordkeeping requirements, and any other requirements the Secretary considers appropriate.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3243.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308706 | 16 U.S.C. 5407. | Pub. L. 103–451, §8, Nov. 2, 1994, 108 Stat. 4778. |
The words "within 1 year after November 2, 1994" are omitted as obsolete.
§308707. Applicability of other authorities
The authorities contained in this chapter shall be in addition to, and shall not be construed to supersede or modify those contained in division A of this subtitle.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3243.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308707 | 16 U.S.C. 5408. | Pub. L. 103–451, §9, Nov. 2, 1994, 108 Stat. 4778. |
CHAPTER 3089—SAVE AMERICA'S TREASURES PROGRAM
§308901. Definitions
In this chapter:
(1)
(2)
(3)
(4)
(5)
(6)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3243.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308901 | 16 U.S.C. 469o(b). | Pub. L. 111–11, title VII, subtitle D, §7303(b), Mar. 30, 2009, 123 Stat. 1216. |
In paragraph (4), the words "in reference to a collection or historic property" are added for clarity.
§308902. Establishment
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3244.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308902 | 16 U.S.C. 469o(a), (c)(1). | Pub. L. 111–11, title VII, subtitle D, §7303(a), (c)(1), Mar. 30, 2009, 123 Stat. 1216, 1217. |
In subsection (a), the words "The purpose of this section is to authorize within the Department of the Interior the Save America's Treasures Program" are omitted as unnecessary. The words "to be carried out by the Director of the National Park Service" are omitted because the definition of "Secretary" in section 308901 of the new title provides that the Secretary acts through the Director and because this is the only place in the chapter where the Director is mentioned.
In subsection (b), the words "subject to paragraph (6)(A)(ii)" are omitted as unnecessary.
§308903. Grants
(a)
(b)
(c)
(1)
(A) nationally significant; and
(B) threatened or endangered.
(2)
(3)
(A) be listed on the National Register of Historic Places at the national level of significance; or
(B) be designated as a National Historic Landmark.
(d)
(1)
(A) eliminates or substantially mitigates the threat of destruction or deterioration of the collection or historic property;
(B) has a clear public benefit; and
(C) is able to be completed on schedule and within the budget described in the grant application.
(2)
(3)
(e)
(1)
(A)
(B)
(2)
(f)
(1)
(2)
(A) cash; or
(B) donated supplies or related services, the value of which shall be determined by the Secretary.
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3244.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308903 | 16 U.S.C. 469o(c)(2) through (7). | Pub. L. 111–11, title VII, subtitle D, §7303(c)(2) through (7), Mar. 30, 2009, 123 Stat. 1217. |
In subsections (b) and (c), the word "competitive" is omitted for consistency in the chapter.
In subsection (e)(1)(A), the words "by the Secretary" are omitted as unnecessary.
In subsection (e)(1)(B), the word "organization" is substituted for "entity" for consistency.
§308904. Guidelines and regulations
The Secretary shall develop any guidelines and prescribe any regulations that the Secretary determines to be necessary to carry out this chapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3245.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308904 | 16 U.S.C. 469o(d). | Pub. L. 111–11, title VII, subtitle D, §7303(d), Mar. 30, 2009, 123 Stat. 1218. |
§308905. Authorization of appropriations
There is authorized to be appropriated to carry out this chapter $50,000,000 for each fiscal year, to remain available until expended.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3245.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308905 | 16 U.S.C. 469o(e). | Pub. L. 111–11, title VII, subtitle D, §7303(e), Mar. 30, 2009, 123 Stat. 1218. |
CHAPTER 3091—COMMEMORATION OF FORMER PRESIDENTS
§309101. Sites and structures that commemorate former Presidents
(a)
(1) include sites associated with the deeds, leadership, or lifework of a former President; and
(2) identify sites or structures historically unrelated to a former President but that may be suitable as a memorial to honor that President.
(b)
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3246.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
309101 | 16 U.S.C. 467b(a) through (c). | Pub. L. 96–199, title I, §120(a) through (c), Mar. 5, 1980, 94 Stat. 73; Pub. L. 103–437, §6(d)(26), Nov. 2, 1994, 108 Stat. 4584. |
In subsection (d), the words "and he shall administer the site in accordance with sections 1, 2, 3, and 4 of this title, as amended and supplemented, and sections 461 to 467 of this title, as amended" are omitted as unnecessary because a site established under this section is a System unit that the Secretary administers under 16 U.S.C. 1, 2, 3, 4, and 461 to 467, restated as section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, and 102101, and chapter 3201 of the new title.
1 So in original. Probably should be "
Subdivision 2—Administered Jointly With National Park Service
CHAPTER 3111—PRESERVE AMERICA PROGRAM
§311101. Definitions
In this chapter:
(1)
(2)
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3247.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
311101 | 16 U.S.C. 469n(b). | Pub. L. 111–11, title VII, subtitle D, §7302(b), Mar. 30, 2009, 123 Stat. 1214. |
§311102. Establishment
(a)
(b)
(1)
(A) A project for the conduct of—
(i) research on, and documentation of, the history of a community; and
(ii) surveys of the historic resources of a community.
(B) An education and interpretation project that conveys the history of a community or site.
(C) A planning project (other than building rehabilitation) that advances economic development using heritage tourism and historic preservation.
(D) A training project that provides opportunities for professional development in areas that would aid a community in using and promoting its historic resources.
(E) A project to support heritage tourism in a Preserve America Community designated under section 311103 of this title.
(F) Other nonconstruction projects that identify or promote historic properties or provide for the education of the public about historic properties that are consistent with the purposes of this chapter.
(2)
(c)
(d)
(1)
(2)
(e)
(1)
(2)
(A) cash; or
(B) donated supplies and related services, the value of which shall be determined by the Secretary.
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3247.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
311102 | 16 U.S.C. 469n(c). | Pub. L. 111–11, title VII, subtitle D, §7302(c), Mar. 30, 2009, 123 Stat. 1214. |
§311103. Designation of Preserve America Communities
(a)
(b)
(1) protection and celebration of the heritage of the community, tribal area, or neighborhood;
(2) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; and
(3) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs.
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3248; Pub. L. 114–289, title V, §501(d), Dec. 16, 2016, 130 Stat. 1490.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
311103 | 16 U.S.C. 469n(d). | Pub. L. 111–11, title VII, subtitle D, §7302(d), Mar. 30, 2009, 123 Stat. 1215. |
Editorial Notes
Amendments
2016—Subsec. (b). Pub. L. 114–289 substituted "Chairman of the Council" for "Council" in two places in introductory provisions.
Subsec. (d). Pub. L. 114–289 substituted "Chairman of the Council" for "Council".
§311104. Regulations
The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out this chapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3248.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
311104 | 16 U.S.C. 469n(e). | Pub. L. 111–11, title VII, subtitle D, §7302(e), Mar. 30, 2009, 123 Stat. 1216. |
§311105. Authorization of appropriations
There is authorized to be appropriated to carry out this chapter $25,000,000 for each fiscal year, to remain available until expended.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3249; Pub. L. 113–291, div. B, title XXX, §3033(e), Dec. 19, 2014, 128 Stat. 3777.)
Amendment Not Shown in Text
This section was derived from section 469n(f) of Title 16, Conservation, which was amended by Pub. L. 113–291, div. B, title XXX, §3033(e), Dec. 19, 2014, 128 Stat. 3777. For applicability of that amendment to this section, see section 6(b) of Pub. L. 113–287, set out as a Transitional and Savings Provisions note preceding section 100101 of this title. Former section 469n(f) of Title 16 was amended by Pub. L. 113–291 by inserting ", except that the amount authorized to be appropriated to carry out this section not appropriated as of the date of enactment of the First State National Historical Park Act shall be reduced by $6,500,000" before period at end.
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
311105 | 16 U.S.C. 469n(f). | Pub. L. 111–11, title VII, subtitle D, §7302(f), Mar. 30, 2009, 123 Stat. 1216. |
Editorial Notes
References in Text
The date of enactment of the First State National Historical Park Act, referred to in Amendment Not Shown in Text note above, probably means the date of enactment of section 3033 of Pub. L. 113–291, which provided for the establishment of the First State National Historical Park and was approved Dec. 19, 2014. See section 410rrr of Title 16, Conservation. No act with the title First State National Historical Park Act has been enacted.
Subdivision 3—Administered by Other Than National Park Service
CHAPTER 3121—NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES
§312101. Definitions
In this chapter:
(1)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3249.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312101 | no source. |
§312102. Establishment and purposes
(a)
(b)
(1) receive donations of sites, buildings, and objects significant in American history and culture;
(2) preserve and administer the sites, buildings, and objects for public benefit;
(3) accept, hold, and administer gifts of money, securities, or other property of any character for the purpose of carrying out the preservation program; and
(4) execute other functions vested in the National Trust by this chapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3249.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312102 | 16 U.S.C. 468. | Oct. 26, 1949, ch. 735, §1, 63 Stat. 927. |
§312103. Principal office
The National Trust shall have its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident of the District of Columbia. The National Trust may establish offices in other places as it may consider necessary or appropriate in the conduct of its business.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3249.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312103 | 16 U.S.C. 468a. | Oct. 26, 1949, ch. 735, §2, 63 Stat. 927. |
The words "inhabitant and" are omitted as unnecessary.
§312104. Board of trustees
(a)
(1) The Attorney General, the Secretary, and the Director of the National Gallery of Art, ex officio.
(2) Not fewer than 6 general trustees who shall be citizens of the United States.
(b)
(c)
(1)
(2)
(3)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3249.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312104 | 16 U.S.C. 468b. | Oct. 26, 1949, ch. 735, §3, 63 Stat. 928; July 28, 1953, ch. 255, 67 Stat. 228. |
§312105. Powers
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3250.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312105 | 16 U.S.C. 468c. | Oct. 26, 1949, ch. 735, §4, 63 Stat. 928. |
In subsection (h), the words "local agencies" are substituted for "municipal departments or agencies" for consistency in the revised title and with other titles of the United States Code.
§312106. Consultation with National Park System Advisory Board
In carrying out its functions under this chapter, the National Trust may consult with the National Park System Advisory Board on matters relating to the selection of sites, buildings, and objects to be preserved and protected pursuant to this chapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3251.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312106 | 16 U.S.C. 468d. | Oct. 26, 1949, ch. 735, §5, 63 Stat. 929. |
The words "National Park System Advisory Board" are substituted for "Advisory Board on National Parks, Historic Sites, Buildings, and Museums" because the Board was renamed when section 3 of the Act of August 21, 1935 (known as the Historic Sites, Buildings, and Antiquities Act (ch. 593, 49 Stat. 667)) was amended by section 9 of Public Law 91–383, as added by section 2 of Public Law 94–458 (90 Stat. 1940).
CHAPTER 3123—COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE ABROAD
§312301. Definition
In this chapter, the term "Commission" means the Commission for the Preservation of America's Heritage Abroad established under section 312303 of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3252.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312301 | no source. |
§312302. Declaration of national interest
Because the fabric of a society is strengthened by visible reminders of the historical roots of the society, it is in the national interest to encourage the preservation and protection of the cemeteries, monuments, and historic buildings associated with the foreign heritage of United States citizens.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3252.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312302 | 16 U.S.C. 469j(a). | Pub. L. 99–83, title XIII, §1303(a), Aug. 8, 1985, 99 Stat. 280. |
§312303. Establishment
(a)
(b)
(c)
(1)
(2)
(3)
(d)
(e)
(f)
(1)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3252.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312303(a) | 16 U.S.C. 469j(b). | Pub. L. 99–83, title XIII, §1303(b), (d) through (f), Aug. 8, 1985, 99 Stat. 280. |
312303(b) through (f) | 16 U.S.C. 469j(d) through (f). |
In subsection (c), the text of 16 U.S.C. 469j(d)(2)(B) is omitted as obsolete.
§312304. Duties and powers; administrative support
(a)
(1) identify and publish a list of cemeteries, monuments, and historic buildings located abroad that are associated with the foreign heritage of United States citizens from eastern and central Europe, particularly cemeteries, monuments, and buildings that are in danger of deterioration or destruction;
(2) encourage the preservation and protection of those cemeteries, monuments, and historic buildings by obtaining, in cooperation with the Secretary of State, assurances from foreign governments that the cemeteries, monuments, and buildings will be preserved and protected; and
(3) prepare and disseminate reports on the condition of, and the progress toward preserving and protecting, those cemeteries, monuments, and historic buildings.
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3252.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312304(a) | 16 U.S.C. 469j(c). | Pub. L. 99–83, title XIII, §1303(c), (g), Aug. 8, 1985, 99 Stat. 280, 281. |
312304(b) | 16 U.S.C. 469j(g). |
In subsection (a)(2), the word "Secretary" is substituted for "Department" because of 22 U.S.C. 2651 and 2651a(a).
In subsection (b)(3), the words "under section 5376 of title 5" are substituted for "for grade GS–18 of the General Schedule (5 U.S.C. 5332(a))" because of section 529 [title I, §101(c)(1)] of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101–509, 5 U.S.C. 5376 note).
1 So in original. Probably should be "
§312305. Reports
As soon as practicable after the end of each fiscal year, the Commission shall transmit to the President a report that includes—
(1) a detailed statement of the activities and accomplishments of the Commission during the fiscal year; and
(2) any recommendations of the Commission for legislation and administrative actions.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3253.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312305 | 16 U.S.C. 469j(h). | Pub. L. 99–83, title XIII, §1303(h), Aug. 8, 1985, 99 Stat. 282. |
The words "and to each House of Congress" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See the 4th item on page 174 of House Document No. 103–7.
CHAPTER 3125—PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
§312501. Definition
In this chapter, the term "State" includes a State, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3254.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312501 | 16 U.S.C. 469c–1. | Pub. L. 86–523, §8, as added Pub. L. 96–205, title VI, §608(b)(2), 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).
§312502. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction projects
(a)
(1)
(2)
(A) may request the Secretary to undertake the recovery, protection, and preservation of the data (including preliminary survey, or other investigation as needed, and analysis and publication of the reports resulting from the investigation); or
(B) may, with funds appropriated for the project, program, or activity, undertake those activities.
(3)
(b)
(1)
(A) conduct, with the consent of all persons, associations, or public entities having a legal interest in the property, a survey of the affected site; and
(B) undertake the recovery, protection, and preservation of the data (including analysis and publication).
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3254.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312502 | 16 U.S.C. 469a–1. | Pub. L. 86–523, §3, as added Pub. L. 93–291, §1(3), May 24, 1974, 88 Stat. 174. |
§312503. Survey and recovery by Secretary
(a)
(1) conduct or cause to be conducted a survey and other investigation of the areas that are or may be affected; and
(2) recover and preserve the data (including analysis and publication) that, in the opinion of the Secretary, are not being, but should be, recovered and preserved in the public interest.
(b)
(c)
(1) 60 days after notification pursuant to subsection (a); or
(2) such time as may be agreed on with the head of the agency responsible for funding or licensing the project, activity, or program in all other cases.
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3255.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312503 | 16 U.S.C. 469a–2. | Pub. L. 86–523, §4, as added Pub. L. 93–291, §1(3), May 24, 1974, 88 Stat. 174. |
§312504. Progress reports by Secretary on surveys and work undertaken as result of surveys
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3255.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312504 | 16 U.S.C. 469a–3. | Pub. L. 86–523, §5, formerly §2(c), (e), June 27, 1960, 74 Stat. 220, renumbered as §5 and amended Pub. L. 93–291, §1(4), (6), (7), May 24, 1974, 88 Stat. 175; Pub. L. 96–205, title VI, §608(b)(1), Mar. 12, 1980, 94 Stat. 92; Pub. L. 103–437, §6(d)(27), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, §814(d)(2)(B), Nov. 12, 1996, 110 Stat. 4196. |
§312505. Notice of dam construction
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3256.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312505 | 16 U.S.C. 469a. | Pub. L. 86–523, §2, formerly §2(a), June 27, 1960, 74 Stat. 220, renumbered as §2 and amended Pub. L. 93–291, §1(2), (5), May 24, 1974, 88 Stat. 174, 175. |
In subsection (a), the words "Federal agency" are substituted for "agency of the United States" for consistency in the revised title and with other titles of the United States Code.
§312506. Administration
In the administration of this chapter, the Secretary may—
(1) enter into contracts or make cooperative agreements with any Federal or State agency, educational or scientific organization, or institution, corporation, association, or qualified individual;
(2) obtain the services of experts and consultants or organizations of experts and consultants in accordance with section 3109 of title 5; and
(3) accept and utilize funds made available for salvage archeological purposes by any private person or corporation or transferred to the Secretary by any Federal agency.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3256.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312506 | 16 U.S.C. 469b. | Pub. L. 86–523, §6, formerly §3, June 27, 1960, 74 Stat. 221, renumbered as §6 and amended Pub. L. 93–291, §1(8), May 24, 1974, 88 Stat. 175. |
§312507. Assistance to Secretary by Federal agencies responsible for construction projects
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3256.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312507(a) | 16 U.S.C. 469c(a) through (c). | Pub. L. 86–523, §7, formerly §4, June 27, 1960, 74 Stat. 221, renumbered as §7 and amended Pub. L. 93–291, §1(9), May 24, 1974, 88 Stat. 175; Pub. L. 95–625, title VI, §603, Nov. 10, 1978, 92 Stat. 3518. |
312507(b) | 16 U.S.C. 469c(d). |
In subsection (a), the text of 16 U.S.C. 469c(b) and (c) is omitted as obsolete. The words "cost of the" are added for clarity.
In subsection (b), the words "Beginning fiscal year 1979" are omitted as obsolete.
§312508. Costs for identification, surveys, evaluation, and data recovery with respect to historic property
Notwithstanding section 312507(a) of this title or any other provision of law—
(1) identification, surveys, and evaluation carried out with respect to historic property within project areas may be treated for purposes of any law or rule of law as planning costs of the project and not as costs of mitigation;
(2) reasonable costs for identification, surveys, evaluation, and data recovery carried out with respect to historic property within project areas may be charged to Federal licensees and permittees as a condition to the issuance of the license or permit; and
(3) Federal agencies, with the concurrence of the Secretary and after notification of the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, may waive, in appropriate cases, the 1 percent limitation under section 312507(a) of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3256.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
312508 | 16 U.S.C. 469c–2. | Pub. L. 96–515, title II, §208, Dec. 12, 1980, 94 Stat. 2997; Pub. L. 103–437, §6(d)(28), Nov. 2, 1994, 108 Stat. 4584. |
DIVISION C—AMERICAN ANTIQUITIES
CHAPTER 3201—POLICY AND ADMINISTRATIVE PROVISIONS
§320101. Declaration of national policy
It is declared that it is a national policy to preserve for public use historic sites, buildings, and objects of national significance for the inspiration and benefit of the people of the United States.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3257.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
320101 | 16 U.S.C. 461. | Aug. 21, 1935, ch. 593, §1, 49 Stat. 666. |
Statutory Notes and Related Subsidiaries
Adams National Historic Site, Massachusetts [redesignated Adams National Historical Park by Pub. L. 105–342, §5(e), Nov. 2, 1998, 112 Stat. 3202 (16 U.S.C. 410eee et seq.)].—Designated Dec. 9, 1946. |
Allegheny Portage Railroad National Historic Site, Pennsylvania.—Pub. L. 88–546, Aug. 31, 1964, 78 Stat. 752; Pub. L. 107–369, Dec. 19, 2002, 116 Stat. 3069; Pub. L. 108–352, §16, Oct. 21, 2004, 118 Stat. 1398. |
Amache National Historic Site, Colorado.—Pub. L. 117–106, Mar. 18, 2022, 136 Stat. 1122. |
Andersonville National Historic Site, Georgia.—Pub. L. 91–465, Oct. 16, 1970, 84 Stat. 989; Pub. L. 107–357, §1, Dec. 17, 2002, 116 Stat. 3014. |
Andrew Johnson National Historic Site.—Aug. 29, 1935, ch. 801, 49 Stat. 958 (16 U.S.C. 450o–450q); Proc. No. 2554, Apr. 27, 1942, 56 Stat. 1955; Pub. L. 88–197, Dec. 11, 1963, 77 Stat. 349; Pub. L. 94–578, title II, §201(1), Oct. 21, 1976, 90 Stat. 2733. |
Ansley Wilcox House National Historic Site (see Theodore Roosevelt Inaugural National Historic Site, New York). |
Bent's Old Fort National Historic Site, Colorado.—Pub. L. 86–487, June 3, 1960, 74 Stat. 155. |
Blackwell School National Historic Site, Texas.—Pub. L. 117–206, Oct. 17, 2022, 136 Stat. 2235. |
Boston African American National Historic Site, Massachusetts.—Pub. L. 96–430, title I, Oct. 10, 1980, 94 Stat. 1845. |
Brown v. Board of Education National Historic Site, Kansas [redesignated Brown v. Board of Education National Historical Park by Pub. L. 117–123, §2(a), May 12, 2022, 136 Stat. 1196 (16 U.S.C. 410iiii et seq.)].—Pub. L. 102–525, title I, Oct. 26, 1992, 106 Stat. 3438. |
Carl Sandburg Home National Historic Site, North Carolina.—Pub. L. 90–592, Oct. 17, 1968, 82 Stat. 1154; Pub. L. 110–229, title III, §311, May 8, 2008, 122 Stat. 769. |
Carter G. Woodson Home National Historic Site, District of Columbia.—Pub. L. 108–192, Dec. 19, 2003, 117 Stat. 2873. |
Charles Pinckney National Historic Site, South Carolina.—Pub. L. 100–421, Sept. 8, 1988, 102 Stat. 1581. |
Clara Barton National Historic Site, Maryland.—Pub. L. 93–486, title I, §101(a)(1), Oct. 26, 1974, 88 Stat. 1461. |
Edgar Allan Poe National Historic Site, Pennsylvania.—Pub. L. 95–625, title V, §503, Nov. 10, 1978, 92 Stat. 3498. |
Edison National Historic Site [references to Edison National Historic Site deemed to refer to the Thomas Edison National Historical Park by Pub. L. 111–11, title VII, §7110(c)(5), Mar. 30, 2009, 123 Stat. 1198, see 16 U.S.C. 410mmm].—Pub. L. 87–628, Sept. 5, 1962, 76 Stat. 428; Pub. L. 94–578, title III, §311, Oct. 21, 1976, 90 Stat. 2736; repealed by Pub. L. 111–11, title VII, §7110(c)(4), Mar. 30, 2009, 123 Stat. 1198. |
Eisenhower National Historic Site, Pennsylvania.—33 F.R. 16031, Nov. 27, 1967; Pub. L. 91–133, Dec. 2, 1969, 83 Stat. 274. |
Eleanor Roosevelt National Historic Site, New York.—Pub. L. 95–32, May 26, 1977, 91 Stat. 171; Pub. L. 105–364, Nov. 10, 1998, 112 Stat. 3300. |
Eugene O'Neill National Historic Site, California.—Pub. L. 94–539, §§1, 2, Oct. 18, 1976, 90 Stat. 2501. |
Fallen Timbers Battlefield and Fort Miamis National Historic Site, Ohio.—Pub. L. 106–164, Dec. 9, 1999, 113 Stat. 1792; Pub. L. 106–387, §1(a) [title VII, §777], Oct. 28, 2000, 114 Stat. 1549, 1549A–46. |
First Ladies National Historic Site, Ohio.—Pub. L. 106–291, title I, §145, Oct. 11, 2000, 114 Stat. 950. |
Ford's Theatre National Historic Site, District of Columbia.—Pub. L. 91–288, June 23, 1970, 84 Stat. 322. |
Fort Bowie National Historic Site, Arizona.—Pub. L. 88–510, Aug. 30, 1964, 78 Stat. 681. |
Fort Davis National Historic Site, Texas.—Pub. L. 87–213, Sept. 8, 1961, 75 Stat. 488; Pub. L. 105–355, title V, §506, Nov. 6, 1998, 112 Stat. 3263; Pub. L. 111–11, title VII, §7118, Mar. 30, 2009, 123 Stat. 1205. |
Fort Laramie National Historic Site, Wyoming.—Proc. No. 2292, July 16, 1938, 53 Stat. 2461; Pub. L. 86–444, Apr. 29, 1960, 74 Stat. 83. |
Fort Larned National Historic Site, Kansas.—Pub. L. 88–541, Aug. 31, 1964, 78 Stat. 748; Pub. L. 94–578, title II, §201(4), Oct. 21, 1976, 90 Stat. 2733. |
Fort Point National Historic Site, California.—Pub. L. 91–457, Oct. 16, 1970, 84 Stat. 970. |
Fort Raleigh National Historic Site, North Carolina.—Designated Apr. 5, 1941; Pub. L. 87–148, Aug. 17, 1961, 75 Stat. 384; Pub. L. 101–603, Nov. 16, 1990, 104 Stat. 3065. |
Fort Saint Marks National Historic Site, Florida.—Pub. L. 87–789, Oct. 10, 1962, 76 Stat. 807. |
Fort Scott National Historic Site, Kansas.—Pub. L. 95–484, Oct. 19, 1978, 92 Stat. 1610; Pub. L. 95–625, title XII, Nov. 10, 1978, 92 Stat. 3548; Pub. L. 116–9, title II, §2105, Mar. 12, 2019, 133 Stat. 726. |
Fort Smith National Historic Site, Arkansas.—Pub. L. 87–215, Sept. 13, 1961, 75 Stat. 489; Pub. L. 94–578, title III, §312, Oct. 21, 1976, 90 Stat. 2737. |
Fort Union Trading Post National Historic Site, North Dakota and Montana.—Pub. L. 89–458, June 20, 1966, 80 Stat. 211. |
Frederick Law Olmsted National Historic Site, Massachusetts.—Pub. L. 96–87, title II, Oct. 12, 1979, 93 Stat. 664; Pub. L. 105–343, Nov. 2, 1998, 112 Stat. 3203. |
Friendship Hill National Historic Site, Pennsylvania.—Pub. L. 95–625, title V, §509, Nov. 10, 1978, 92 Stat. 3509. |
Georgia O'Keeffe National Historic Site, New Mexico.—Pub. L. 96–344, §3, Sept. 8, 1980, 94 Stat. 1133; repealed by Pub. L. 98–396, title I, Aug. 22, 1984, 98 Stat. 1386. |
Golden Spike National Historic Site, Utah [redesignated Golden Spike National Historical Park by Pub. L. 116–9, title II, §2205(b), Mar. 12, 2019, 133 Stat. 738 (16 U.S.C. 410cccc et seq.)].—Pub. L. 89–102, July 30, 1965, 79 Stat. 426; Pub. L. 94–578, title II, §201(5), Oct. 21, 1976, 90 Stat. 2733. |
Grant-Kohrs Ranch National Historic Site, Montana.—Pub. L. 92–406, Aug. 25, 1972, 86 Stat. 632; Pub. L. 105–365, Nov. 10, 1998, 112 Stat. 3301. |
Grey Towers National Historic Site, Pennsylvania.—Pub. L. 108–447, div. E, title III, §348, Dec. 8, 2004, 118 Stat. 3106. |
Hampton National Historic Site, Maryland.—Designated June 22, 1948. |
Harry S Truman National Historic Site, Missouri.—Pub. L. 98–32, May 23, 1983, 97 Stat. 193; Pub. L. 101–105, Oct. 2, 1989, 103 Stat. 675; Pub. L. 103–184, §1, Dec. 14, 1993, 107 Stat. 2243; Pub. L. 108–396, Oct. 30, 2004, 118 Stat. 2250; Pub. L. 116–9, title II, §2109(b), Mar. 12, 2019, 133 Stat. 731. |
Herbert Hoover National Historic Site, Iowa.—Pub. L. 89–119, Aug. 12, 1965, 79 Stat. 510. |
Home of Franklin D. Roosevelt National Historic Site, New York.—Designated Jan. 15, 1944; Pub. L. 105–364, Nov. 10, 1998, 112 Stat. 3300; Pub. L. 106–147, Dec. 9, 1999, 113 Stat. 1717; Pub. L. 116–9, title II, §2110, Mar. 12, 2019, 133 Stat. 733. |
Honouliuli National Historic Site, Hawai'i.—Pub. L. 116–9, title II, §2206(d), Mar. 12, 2019, 133 Stat. 741. |
Hopewell Furnace [formerly Hopewell Village] National Historic Site, Pennsylvania.—Designated Aug. 3, 1938; redesignated Sept. 19, 1985, 50 F.R. 52385. |
Hubbell Trading Post National Historic Site, Arizona.—Pub. L. 89–148, Aug. 28, 1965, 79 Stat. 584. |
James A. Garfield National Historic Site, Ohio.—Pub. L. 96–607, title XII, Dec. 28, 1980, 94 Stat. 3545. |
Jefferson National Expansion Memorial, National Historical Site, Missouri [redesignated Gateway Arch National Park by Pub. L. 115–128, §2, Feb. 22, 2018, 132 Stat. 328 (16 U.S.C. 450jj–10)].—Designated Dec. 21, 1935. |
Jimmy Carter National Historic Site, Georgia [redesignated Jimmy Carter National Historical Park by Pub. L. 116–341, §2(a), Jan. 13, 2021, 134 Stat. 5132 (16 U.S.C. 410hhhh et seq.)].—Pub. L. 100–206, Dec. 23, 1987, 101 Stat. 1434; Pub. L. 105–106, §1, Nov. 20, 1997, 111 Stat. 2247. |
John Fitzgerald Kennedy National Historic Site, Massachusetts.—Pub. L. 90–20, May 26, 1967, 81 Stat. 29. |
John Muir National Historic Site, California.—Pub. L. 88–547, Aug. 31, 1964, 78 Stat. 753; Pub. L. 100–563, §5, Oct. 31, 1988, 102 Stat. 2829; Pub. L. 108–385, Oct. 30, 2004, 118 Stat. 2227; Pub. L. 115–191, June 22, 2018, 132 Stat. 1501. |
Kate Mullany National Historic Site, New York.–Pub. L. 108–438, Dec. 3, 2004, 118 Stat. 2625. |
Knife River Indian Villages National Historic Site, North Dakota.—Pub. L. 93–486, title I, §101(a)(3), Oct. 26, 1974, 88 Stat. 1461; Pub. L. 101–430, §1, Oct. 15, 1990, 104 Stat. 959. |
Lincoln Home National Historic Site, Illinois.—Pub. L. 92–127, Aug. 18, 1971, 85 Stat. 347; Pub. L. 94–578, title I, §101(7), Oct. 21, 1976, 90 Stat. 2732. |
Little Rock Central High School National Historic Site, Arkansas.—Pub. L. 105–356, Nov. 6, 1998, 112 Stat. 3268; Pub. L. 115–117, Jan. 12, 2018, 131 Stat. 2283. |
Longfellow House-Washington's Headquarters [formerly Longfellow] National Historic Site, Massachusetts.—Pub. L. 92–475, Oct. 9, 1972, 86 Stat. 791; Pub. L. 111–333, Dec. 22, 2010, 124 Stat. 3581. |
Lower East Side Tenement National Historic Site, New York.—Pub. L. 105–378, title I, Nov. 12, 1998, 112 Stat. 3395; Pub. L. 113–291, div. B, title XXX, §3038, Dec. 19, 2014, 128 Stat. 3783. |
Lyndon B. Johnson National Historic Site, Texas [redesignated Lyndon B. Johnson National Historical Park by Pub. L. 96–607, title VI, Dec. 3, 1980, 94 Stat. 3540 (16 U.S.C. 410kk to 410kk–2)].—Pub. L. 91–134, Dec. 2, 1969, 83 Stat. 274. |
Maggie L. Walker National Historic Site, Virginia.—Pub. L. 95–625, title V, §511, Nov. 10, 1978, 92 Stat. 3510. |
Manzanar National Historic Site, California.—Pub. L. 102–248, title I, Mar. 3, 1992, 106 Stat. 40; Pub. L. 104–333, div. I, title V, §515, Nov. 12, 1996, 110 Stat. 4167. |
Mar-A-Lago National Historic Site, Florida [redesignated Mar-A-Lago National Historic Landmark by Pub. L. 96–586, §4(a)(2), Dec. 23, 1980, 94 Stat. 3386 (16 U.S.C. 467a note)].—Designated Jan. 16, 1969; Pub. L. 92–527, Oct. 21, 1972, 86 Stat. 1049; repealed by Pub. L. 96–586, §4(a)(1), Dec. 23, 1980, 94 Stat. 3386. |
Martin Luther King, Junior, National Historic Site, Georgia [redesignated Martin Luther King, Jr. National Historical Park by Pub. L. 115–108, §3, Jan. 8, 2018, 131 Stat. 2267 (16 U.S.C. 410www et seq.)].—Pub. L. 96–428, Oct. 10, 1980, 94 Stat. 1839; Pub. L. 102–575, title XL, §4024, Oct. 30, 1992, 106 Stat. 4768; Pub. L. 108–314, Oct. 5, 2004, 118 Stat. 1198. |
Martin Van Buren National Historic Site, New York.—Pub. L. 93–486, title I, §101(a)(6), Oct. 26, 1974, 88 Stat. 1462; Pub. L. 111–11, title VII, §7112, Mar. 30, 2009, 123 Stat. 1201. |
Mary McLeod Bethune Council House National Historic Site, District of Columbia.—Pub. L. 97–329, Oct. 15, 1982, 96 Stat. 1615; Pub. L. 102–211, Dec. 11, 1991, 105 Stat. 1652. |
Minidoka National Historic Site, Idaho.—Pub. L. 110–229, title III, §313, May 8, 2008, 122 Stat. 770; Pub. L. 113–171, §1, Sept. 26, 2014, 128 Stat. 1895. |
Minuteman Missile National Historic Site, South Dakota.—Pub. L. 106–115, Nov. 29, 1999, 113 Stat. 1540; Pub. L. 113–36, Sept. 18, 2013, 127 Stat. 521. |
New Philadelphia National Historic Site, Illinois.—Pub. L. 117–328, div. DD, title VI, §601, Dec. 29, 2022, 136 Stat. 5601. |
Nicodemus National Historic Site, Kansas.—Pub. L. 104–333, div. I, title V, §512, Nov. 12, 1996, 110 Stat. 4163; Pub. L. 106–176, title I, §112, Mar. 10, 2000, 114 Stat. 27. |
Ninety Six National Historic Site, South Carolina.—Pub. L. 94–393, Aug. 19, 1976, 90 Stat. 1196. |
Old Philadelphia Custom House National Historic Site, Pennsylvania.—Designated May 26, 1939. |
Palo Alto Battlefield National Historic Site, Texas [redesignated Palo Alto Battlefield National Historical Park by Pub. L. 111–11, title VII, §7113(a)(1), Mar. 30, 2009, 123 Stat. 1201 (16 U.S.C. 410nnn et seq.)].—Pub. L. 95–625, title V, §506, Nov. 10, 1978, 92 Stat. 3500; Pub. L. 102–304, June 23, 1992, 106 Stat. 256. |
President William Jefferson Clinton Birthplace Home National Historic Site, Arkansas.—Pub. L. 111–11, title VII, §7002, Mar. 30, 2009, 123 Stat. 1188. |
Pu‘ukoholā Heiau National Historic Site, Hawai'i.—Pub. L. 92–388, Aug. 17, 1972, 86 Stat. 562; Pub. L. 106–510, §3(e), Nov. 13, 2000, 114 Stat. 2364. |
Ronald Reagan Boyhood Home National Historic Site, Illinois.—Pub. L. 107–137, Feb. 6, 2002, 116 Stat. 3. |
Saint-Gaudens National Historic Site, New Hampshire [redesignated Saint-Gaudens National Historical Park by Pub. L. 116–9, title II, §2201(a), Mar. 12, 2019, 133 Stat. 733 (16 U.S.C. 410zzz et seq.)].—Pub. L. 88–543, Aug. 31, 1964, 78 Stat. 749; Pub. L. 94–578, title I, §101(10), title II, §201(7), title III, §306, Oct. 21, 1976, 90 Stat. 2732, 2733, 2735; Pub. L. 106–491, Nov. 9, 2000, 114 Stat. 2209. |
Salem Maritime National Historic Site, Massachusetts.—Designated Mar. 17, 1938; Pub. L. 100–349, June 27, 1988, 102 Stat. 659; Pub. L. 101–632, Nov. 28, 1990, 104 Stat. 4575. |
San Juan National Historic Site, Puerto Rico.—Designated Feb. 14, 1949. |
Sand Creek Massacre National Historic Site, Colorado.—Pub. L. 106–465, Nov. 7, 2000, 114 Stat. 2019; Pub. L. 109–45, Aug. 2, 2005, 119 Stat. 445. |
Saugus Iron Works National Historic Site, Massachusetts.—Pub. L. 90–282, Apr. 5, 1968, 82 Stat. 72. |
Sewall-Belmont House National Historic Site, District of Columbia.—Pub. L. 93–486, title II, Oct. 26, 1974, 88 Stat. 1463. |
Springfield Armory National Historic Site, Massachusetts.—Pub. L. 93–486, title I, §101(a)(4), Oct. 26, 1974, 88 Stat. 1461. |
Steamtown National Historic Site, Pennsylvania.—Pub. L. 99–500, §101(h) [title I, §§1–5], Oct. 18, 1986, 100 Stat. 1783–248, and Pub. L. 99–591, §101(h) [title I, §§1–5], Oct. 30, 1986, 100 Stat. 3341–248. |
Thaddeus Kosciuszko Home National Historic Site, Pennsylvania.—Pub. L. 92–524, Oct. 21, 1972, 86 Stat. 1046. |
Theodore Roosevelt Inaugural [formerly Ansley Wilcox House] National Historic Site, New York.—Pub. L. 89–708, Nov. 2, 1966, 80 Stat. 1101; Pub. L. 96–607, title VIII, Dec. 28, 1980, 94 Stat. 3541. |
Thomas Cole National Historic Site, New York.—Pub. L. 106–146, Dec. 9, 1999, 113 Stat. 1714. |
Thomas Stone National Historic Site, Maryland.—Pub. L. 95–625, title V, §510, Nov. 10, 1978, 92 Stat. 3510. |
Tuskegee Airmen National Historic Site, Alabama.—Pub. L. 105–355, title III, Nov. 6, 1998, 112 Stat. 3254. |
Tuskegee Institute National Historic Site, Alabama.—Pub. L. 93–486, title I, §101(a)(5), Oct. 26, 1974, 88 Stat. 1462. |
Ulysses S. Grant National Historic Site, Missouri.—Pub. L. 101–106, Oct. 2, 1989, 103 Stat. 677. |
Vanderbilt Mansion National Historic Site, New York.—Designated Dec. 18, 1940. |
Weir Farm National Historic Site, Connecticut [redesignated Weir Farm National Historical Park by Pub. L. 116–305, §2(a), Jan. 5, 2021, 134 Stat. 4917 (16 U.S.C. 410ffff et seq.)].—Pub. L. 101–485, Oct. 31, 1990, 104 Stat. 1171; Pub. L. 103–449, title II, Nov. 2, 1994, 108 Stat. 4756; Pub. L. 105–363, §1, Nov. 10, 1998, 112 Stat. 3296; Pub. L. 111–11, title VII, §7102, Mar. 30, 2009, 123 Stat. 1190. |
William Howard Taft National Historic Site, Ohio.—Pub. L. 91–132, Dec. 2, 1969, 83 Stat. 273; Pub. L. 107–60, Nov. 5, 2001, 115 Stat. 408. |
For other historic sites, see General Index.
Cowpens National Battlefield Site, South Carolina.—Act Mar. 4, 1929, ch. 699, 45 Stat. 1558. |
Fort Necessity National Battlefield Site, Pennsylvania.—Act Mar. 4, 1931, ch. 504, 46 Stat. 1522 [redesignated Fort Necessity National Battlefield by Pub. L. 87–134, §3, Aug. 10, 1961, 75 Stat. 336. See section 430rr of this title]. |
Shenandoah Valley Battlefields National Historic District, Virginia.—Pub. L. 104–333, div. I, title VI, §606, Nov. 12, 1996, 110 Stat. 4174; Pub. L. 106–176, title I, §115, Mar. 10, 2000, 114 Stat. 27. |
Washita Battlefield National Historic Site, Oklahoma.—Pub. L. 104–333, div. I, title VI, §607, Nov. 12, 1996, 110 Stat. 4180; Pub. L. 106–176, title I, §116, Mar. 10, 2000, 114 Stat. 27. |
Tables listing National Heritage and River Corridors, National Heritage Areas, National Heritage Canalways, National Heritage Partnerships, and National Heritage Routes, formerly set out under this section, were transferred and are set out under section 120102 of this title.
Charleston National Commemorative Site, Arkansas.—Pub. L. 105–277, div. A, §101(e) [title I, §128], Oct. 21, 1998, 112 Stat. 2681–231, 2681–262. |
Kennedy–King National Commemorative Site, Indiana.—Pub. L. 115–163, Apr. 4, 2018, 132 Stat. 1251. |
Quindaro Townsite National Commemorative Site, Kansas.—Pub. L. 116–9, title IX, §9008, Mar. 12, 2019, 133 Stat. 838. |
Crossroads of the West Historic District
Pub. L. 106–577, title III, §302, Dec. 28, 2000, 114 Stat. 3072, established the Crossroads of the West Historic District in Ogden, Utah, provided that the Secretary of the Interior could make grants and enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities for the preparation of a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the District, for implementation of projects approved by the Secretary under that development plan, for an analysis assessing measures that could be taken to encourage economic development and revitalization within the District in a manner consistent with the District's historic character, and for assisting in the restoration, repair, rehabilitation and improvement of historic infrastructure, and the preservation and interpretation of properties, within the District, set forth the application process, and authorized appropriations.
Route 66 Corridor
Pub. L. 106–45, Aug. 10, 1999, 113 Stat. 224, as amended by Pub. L. 111–11, title VII, §7304, Mar. 30, 2009, 123 Stat. 1218, authorized the Secretary of the Interior, acting through the Cultural Resource Programs at the National Park Service, to develop and carry out programs of technical assistance, grants, and coordination of activities for the preservation of the Route 66 corridor and authorized appropriations for these purposes.
Chesapeake Bay Initiative
Pub. L. 105–312, title V, Oct. 30, 1998, 112 Stat. 2961, as amended by Pub. L. 107–308, §9, Dec. 2, 2002, 116 Stat. 2448; Pub. L. 111–212, title III, §3005, July 29, 2010, 124 Stat. 2339; Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 991; Pub. L. 113–76, div. G, title IV, §428, Jan. 17, 2014, 128 Stat. 345; Pub. L. 114–113, div. G, title IV, §422, Dec. 18, 2015, 129 Stat. 2579; Pub. L. 115–141, div. G, title IV, §420, Mar. 23, 2018, 132 Stat. 691; Pub. L. 116–188, title I, §110, Oct. 30, 2020, 134 Stat. 920, known as the Chesapeake Bay Initiative Act of 1998, authorized Secretary of the Interior, in cooperation with Administrator of the Environmental Protection Agency, to create a Chesapeake Bay Gateways and Watertrails Network and to provide assistance to State and local governments in establishing this network, and authorized appropriations for these purposes.
Vancouver National Historic Reserve
Pub. L. 104–333, div. I, title V, §502, Nov. 12, 1996, 110 Stat. 4154, as amended by Pub. L. 106–176, title I, §107, Mar. 10, 2000, 114 Stat. 26; Pub. L. 107–342, §1, Dec. 17, 2002, 116 Stat. 2891, established Vancouver National Historic Reserve, Washington, directed that Reserve be administered through general management plan submitted by National Park Service to Secretary of the Interior within 3 years after Nov. 12, 1996, developed by partnership of interests including National Park Service, Historic Preservation Office of State of Washington, Department of the Army, and City of Vancouver, Washington, and to include specific findings of Vancouver Historic Reserve Report and to meet with approval of Secretary of the Interior and Secretary of the Army, directed that plan not be deemed new unit of National Park System and not limit authority of Federal Aviation Administration, and authorized appropriations.
Great Falls Historic District, New Jersey
Pub. L. 104–333, div. I, title V, §510, Nov. 12, 1996, 110 Stat. 4158, as amended by Pub. L. 106–176, title I, §110, Mar. 10, 2000, 114 Stat. 26, established Great Falls Historic District in Paterson, New Jersey, and included statement of purposes, definitions, development plan, and provisions relating to cooperative agreements and applications for restoration, preservation and interpretation of properties, and authorization of appropriations.
Aleutian World War II National Historic Area
Pub. L. 104–333, div. I, title V, §513, Nov. 12, 1996, 110 Stat. 4165, as amended by Pub. L. 106–176, title I, §113, Mar. 10, 2000, 114 Stat. 27, cited as "Aleutian World War II National Historic Areas Act of 1996", designated and preserved Aleutian World War II National Historic Area within lands owned by Ounalaska Corporation on Island of Amaknak, Alaska, set boundaries of Historic Area, set terms, conditions, and limitations, and authorized Secretary of the Interior to award grants and provide technical assistance to Ounalaska Corporation and City of Unalaska.
Maine Acadian Culture Preservation Act
Pub. L. 101–543, Nov. 8, 1990, 104 Stat. 2389, established Maine Acadian Culture Preservation Commission, prescribed duties of Commission, required Secretary of the Interior within 1 year to prepare and transmit to Congress a comprehensive study of Acadian culture in Maine, authorized cooperative agreements and establishment of Acadian Culture Center, and authorized appropriations.
Southwestern Pennsylvania Heritage Preservation Commission
Pub. L. 100–698, §1, title I, §§101–105, Nov. 19, 1988, 102 Stat. 4618, as amended by Pub. L. 104–333, div. I, title VIII, §814(d)(1)(L), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 106–291, title I, §148, Oct. 11, 2000, 114 Stat. 956, provided for the establishment and staffing of the Southwestern Pennsylvania Heritage Preservation Commission and set forth its powers and functions as a means for recognizing, preserving, promoting, and interpreting the cultural heritage of the 9-county region in southwestern Pennsylvania associated with the three basic industries of iron and steel, coal, and transportation.
Historic Resources of Camden, South Carolina
Pub. L. 97–184, May 24, 1982, 96 Stat. 99, provided: "That (a) in order to assist in the preservation of the nationally significant historic resources associated with the town of Camden, South Carolina, a key location in the development of South Carolina and in military operations in the South during the American Revolution, the Secretary of the Interior is authorized, in accordance with subsection 2(e) of the Act of August 21, 1935 (49 Stat. 666) [see 54 U.S.C. 320301(f)], to enter into a cooperative agreement or agreements with the Camden Historical Commission, the Camden District Heritage Foundation, or other appropriate public, governmental, or private nonprofit entities pursuant to which the Secretary may assist in the protection, restoration, and interpretation of such resources for the benefit of the public.
"(b) Beginning October 1, 1982, there are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [this note], but not to exceed $250,000."
Saint Paul's Church, Eastchester
Pub. L. 95–625, title V, §504, Nov. 10, 1978, 92 Stat. 3498, provided:
"(a) [Acquisition of property] In order to preserve and protect Saint Paul's Church, Eastchester, in Mount Vernon, New York, for the benefit of present and future generations, the Secretary may accept any gift or bequest of any property or structure which comprises such church and any other real or personal property located within the square bounded by South Columbus Avenue, South Third Avenue, Edison Avenue, and South Fulton Avenue, in Mount Vernon, New York, including the cemetery located within such square and any real property located within such square which was at any time a part of the old village green, now in Mount Vernon, New York.
"(b) [Administration; repairs; cooperative agreements: management protection, development and interpretation] Any property acquired under subsection (a) shall be administered by the Secretary acting through the National Park Service, in accordance with this section and provisions of law generally applicable to units of the National Park System, including the Act approved August 25, 1916 ([former] 16 U.S.C. 1 and following) [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101] and the Act approved August 21, 1935 [see 18 U.S.C. 1866(a), 54 U.S.C. 102303, 102304, 320101 et seq.]. The Secretary, in carrying out the provisions of such Acts (i) shall give particular attention to assuring the completion of such structural and other repairs as he considers necessary to restore and preserve any property acquired in accordance with this section, and (ii) may enter into cooperative agreements with other public or private entities for the management, protection, development, and interpretation, in whole or in part, of the property so acquired."
Ebey's Landing National Historical Reserve
Pub. L. 95–625, title V, §508, Nov. 10, 1978, 92 Stat. 3507, as amended Pub. L. 96–87, title IV, §401(k), Oct. 12, 1979, 93 Stat. 666, provided:
"(a) [Establishment, area of reserve] There is hereby established the Ebey's Landing National Historical Reserve (hereinafter referred to as the 'reserve'), in order to preserve and protect a rural community which provides an unbroken historical record from nineteenth century exploration and settlement in Puget Sound to the present time, and to commemorate—
"(1) the first thorough exploration of the Puget Sound area, by Captain George Vancouver, in 1792;
"(2) settlement by Colonel Isaac Neff Ebey who led the first permanent settlers to Whidbey Island, quickly became an important figure in Washington Territory, and ultimately was killed by Haidahs from the Queen Charlotte Islands during a period of Indian unrest in 1857;
"(3) early active settlement during the years of the Donation Land Law (1850–1855) [Sept. 27, 1850, ch. 76, 9 Stat. 496, Feb. 14, 1853, ch. 69, 10 Stat. 158, July 17, 1854, ch. 84, 10 Stat. 305] and thereafter; and
"(4) the growth since 1883 of the historic town of Coupeville.
The reserve shall include the area of approximately eight thousand acres identified as the Central Whidbey Island Historic District.
"(b) [Comprehensive plan; transmittal to Congress] (1) To achieve the purpose of this section, the Secretary, in cooperation with the appropriate State and local units of general government, shall formulate a comprehensive plan for the protection, preservation, and interpretation of the reserve. The plan shall identify those areas or zones within the reserve which would most appropriately be devoted to—
"(A) public use and development;
"(B) historic and natural preservation; and
"(C) private use subject to appropriate local zoning ordinances designed to protect the historical rural setting.
"(2) Within eighteen months following the date of enactment of this section [Nov. 10, 1978], the Secretary shall transmit the plan to the President of the Senate and the Speaker of the House of Representatives.
"(c) [Cooperative agreement; land use controls; transfer of management and administration; assistance; grants, limitation of amount] At such time as the State or appropriate units of local government having jurisdiction over land use within the reserve have enacted such zoning ordinances or other land use controls which in the judgment of the Secretary will protect and preserve the historic and natural features of the area in accordance with the comprehensive plan, the Secretary may, pursuant to cooperative agreement—
"(1) transfer management and administration over all or any part of the property acquired under subsection (d) of this section to the State or appropriate units of local government;
"(2) provide technical assistance to such State or unit of local government in the management, protection, and interpretation of the reserve; and
"(3) make periodic grants, which shall be supplemental to any other funds to which the grantee may be entitled under any other provision of law, to such State or local unit of government for the annual costs of operation and maintenance, including but not limited to, salaries of personnel and the protection, preservation, and rehabilitation of the reserve except that no such grant may exceed 50 per centum of the estimated annual cost, as determined by the Secretary, of such operation and maintenance.
"(d) [Acquisition of property; administration by Secretary] The Secretary is authorized to acquire such lands and interests as he determines are necessary to accomplish the purposes of this section by donation, purchase with donated or appropriated funds, or exchange, except that the Secretary may not acquire the fee simple title to any land without the consent of the owner. The Secretary shall, in addition, give prompt and careful consideration to any offer made by an individual owning property within the historic district to sell such property, if such individual notifies the Secretary that the continued ownership of such property is causing, or would result in, undue hardship.
"Lands and interests therein so acquired shall, so long as responsibility for management and administration remains with the United States, be administered by the Secretary subject to the provisions of the Act of August 25, 1916 (39 Stat. 535) [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101], as amended and supplemented, and in a manner consistent with the purpose of this section.
"(e) [Management inconsistencies; notification; modifications; withdrawal; management by Secretary] If, after the transfer of management and administration of any lands pursuant to subsection (c) of this section, the Secretary determines that the reserve is not being managed in a manner consistent with the purposes of this section, he shall so notify the appropriate officers of the State or local unit of government to which such transfer was made and provide for a ninety-day period in which the transferee may make such modifications in applicable laws, ordinances, rules, and procedures as will be consistent with such purposes. If, upon the expiration of such ninety-day period, the Secretary determines that such modifications have not been made or are inadequate, he shall withdraw the management and administration from the transferee and he shall manage such lands in accordance with the provisions of this section.
"(f) [Authorization of appropriations] There is hereby authorized to be appropriated not to exceed $5,000,000 to carry out the provisions of this section."
Executive Documents
Proc. No. 3339. Establishment of Key Largo Coral Reef Preserve
Proc. No. 3339, Mar. 15, 1960, 25 F.R. 2352, provided:
WHEREAS there is situated seaward from the coast of Key Largo, Florida, an undersea coral reef formation which is part of the only living coral reef formation along the coast of North America; and
WHEREAS this unique coral formation and its associated marine life are of great scientific interest and value to students of the sea; and
WHEREAS this coral reef is considered to be one of the most beautiful formations of its kind in the world; and
WHEREAS the reef is being subjected to commercial exploitation and is in danger of destruction; and
WHEREAS it is in the public interest to preserve this formation of great scientific and esthetic importance for the benefit and enjoyment of the people; and
WHEREAS a portion of this reef lies inside the three-mile limit in the area relinquished to the State of Florida by the United States through the Submerged Lands Act, approved May 22, 1953 (67 Stat. 29; 43 U.S.C. 1301 et seq.), and the remainder lies on the sea bed of the outer Continental Shelf outside the seaward boundary of the State of Florida and appertains to the United States, as declared by the Outer Continental Shelf Lands Act, approved August 7, 1953 (67 Stat. 462; 43 U.S.C. 1331 et seq.); and
WHEREAS the United States and the State of Florida are desirous of cooperating for the purpose of preserving the scenic and scientific values of this area unimpaired for the benefit of future generations; and
WHEREAS by the terms of the Outer Continental Shelf Lands Act the United States has jurisdiction over the lands of the outer Continental Shelf and has the exclusive right to dispose of the natural resources of the sea bed and subsoil thereof; and
WHEREAS section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of section 1341 of Title 43, Public Lands] authorizes the President to withdraw from disposition any of the unleased lands of the outer Continental Shelf; and
WHEREAS section 5 of the Outer Continental Shelf Lands Act [section 1334 of Title 43] authorizes the Secretary of the Interior to prescribe rules and regulations for the conservation of the natural resources of the outer Continental Shelf and to cooperate with the conservation agencies of adjacent States in the enforcement of conservation laws, rules, and regulations:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes of the United States, particularly section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of section 1341 of Title 43], do proclaim that, subject to valid existing rights, the following-described area is designated as the Key Largo Coral Reef Preserve, and so much thereof as lies on the outer Continental Shelf is withdrawn from disposition:
That portion of the outer Continental Shelf situated seaward of a line three geographic miles from Key Largo, Monroe County, Florida, lying and being within the following described area:
Beginning at a point on the 60-foot depth curve (10-fathom line) as delineated on Coast and Geodetic Survey Chart 1249 (approximate Latitude 25°17′36″ N., Longitude 80°10′00″ W.), 200 yards southeast of Flashing White Light—Whistle Buoy "2"; thence northwesterly approximately 7,000 yards through Whistle Buoy "2" to Can Buoy "21" (approximate Latitude 25°20′06″ N., Longitude 80°12′36″ W.) southeast of Old Rhodes Key; thence southwesterly about 6,900 yards to Can Buoy "25"; thence southwesterly approximately 5,500 yards to Can Buoy "27"; thence southwesterly approximately 5,000 yards to Flashing Green Light "31BH" in Hawk Channel southeast of Point Elizabeth; thence southwesterly approximately 10,650 yards to Black Day Beacon "33" in Hawk Channel east of Point Willie; thence southwesterly approximately 9,800 yards to Flashing White Light "35" on Mosquito Bank east of Point Charles; thence southwesterly approximately 5,400 yards to Black Day Beacon "37" (approximate Latitude 25°02′25″ N., Longitude 80°25′36″ W.), southeast of Rodriguez Key; thence southeasterly approximately 7,100 yards (pass 600 yards southwest of Flashing Light "2" at Molasses Reef) to the 60-foot depth curve (10-fathom line) 800 yards due south of said light at Molasses Reef (approximate Latitude 25°00′18″ N., Longitude 80°22′30″ W.); thence northeasterly with the 60-foot depth curve and 10-fathom line (passing easterly of French Reef, Dixie Shoal, The Elbow, and Carysfort Reef) approximately 21 miles to the point of beginning.
I call upon all persons to join in the effort to protect and preserve this natural wonder for the benefit of future generations.
The Secretary of the Interior is requested to prescribe rules and regulations governing the protection and conservation of the coral and other mineral resources in this area and to cooperate with the State of Florida and its conservation agencies in the preservation of the reef.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.
DONE at the City of Washington this fifteenth day of March in the year of our Lord nineteen hundred and sixty, and of the Independence of the United States of America the one hundred and eighty-fourth.
[
Dwight D. Eisenhower.
§320102. Powers and duties of Secretary
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3257.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
320102 | 16 U.S.C. 462(a) through (k) (1st sentence). | Aug. 21, 1935, ch. 593, §2(a) through (k) (1st sentence), 49 Stat. 666; Pub. L. 89–249, §8, Oct. 9, 1965, 79 Stat. 971. |
Statutory Notes and Related Subsidiaries
National Historic Site Support Facility Improvements
Pub. L. 113–291, div. B, title XXX, §3053, Dec. 19, 2014, 128 Stat. 3806, provided that:
"(a)
"(1) is conducted using amounts included in the budget of the National Park Service in effect on the date on which the project is authorized;
"(2) is subject to a 50 percent non-Federal cost-sharing requirement; and
"(3) is conducted in an area in which the National Park Service was authorized by law in effect before the date of enactment of this Act [Dec. 19, 2014] to establish a support facility.
"(b)
"(1) to carry out duties associated with operating and supporting the National Historic Site; and
"(2) only in accordance with an agreement between the Secretary and the unit of local government in which the support facility is located."
Financial Assistance for Maintenance and Protection of Folger Library and Corcoran Gallery of Art; Limitation on Contract Authority
Pub. L. 96–344, §1, Sept. 8, 1980, 94 Stat. 1133, provided: "That (a) in furtherance of the purposes of subsection 2(e) of the Act of August 21, 1935 (49 Stat. 666) [see 54 U.S.C. 320102(f)], the Secretary of the Interior may provide financial assistance for the maintenance and protection of the Folger Library and the Corcoran Gallery of Art.
"(b) Authority to enter into contracts or cooperative agreements, to incur obligations, or to make payments under this Act [Pub. L. 96–344, Sept. 8, 1980, 94 Stat. 1133] shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts."
§320103. Cooperation with governmental and private agencies and individuals
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3259.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
320103 | 16 U.S.C. 464. | Aug. 21, 1935, ch. 593, §4, 49 Stat. 668. |
§320104. Jurisdiction of States in acquired land
Nothing in this chapter shall be held to deprive any State, or political subdivision of a State, of its civil and criminal jurisdiction in and over land acquired by the United States under this chapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3259.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
320104 | 16 U.S.C. 465. | Aug. 21, 1935, ch. 593, §5, 49 Stat. 668. |
§320105. Criminal penalties
Criminal penalties for a violation of a regulation authorized by this chapter are provided by section 1866 of title 18.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3259.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
320105 | no source. |
The section is added for informational purposes.
§320106. Limitation on obligation or expenditure of appropriated amounts
Notwithstanding any other provision of law, no funds appropriated or otherwise made available to the Secretary to carry out subsection (f) or (g) of section 320102 of this title may be obligated or expended—
(1) unless the appropriation of the funds has been specifically authorized by law enacted on or after October 30, 1992; or
(2) in excess of the amount prescribed by law enacted on or after October 30, 1992.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3259.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
320106 | 16 U.S.C. 466(a). | Aug. 21, 1935, ch. 593, §6(a), 49 Stat. 668; Pub. L. 102–575, title XL, §4023, Oct. 30, 1992, 106 Stat. 4768. |
The words "Except as provided in subsection (b) of this section" are omitted as obsolete.
CHAPTER 3203—MONUMENTS, RUINS, SITES, AND OBJECTS OF ANTIQUITY
§320301. National monuments
(a)
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3259.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
320301(a) through (c) | 16 U.S.C. 431. | June 8, 1906, ch. 3060, §2, 34 Stat. 225. |
320301(d) | 16 U.S.C. 431a. | Sept. 14, 1950, ch. 950, §1 (proviso relating to national monuments), 64 Stat. 849. |
In subsection (c), the word "parcel" is substituted for "tract" for consistency in this section.
In subsection (d), the word "further" is omitted as obsolete.
Statutory Notes and Related Subsidiaries
Ackia Battleground National Monument, Mississippi [see section 450r of Title 16, Conservation].—Proc. No. 2307, Oct. 25, 1938, 53 Stat. 2494. |
Admiralty Island National Monument, Alaska [Monument established within Tongass National Forest by Pub. L. 96–487, title V, §503(b), Dec. 2, 1980, 94 Stat. 2399; Pub. L. 104–123, Apr. 1, 1996, 110 Stat. 879; Pub. L. 105–60, Oct. 10, 1997, 111 Stat. 1269].—Proc. No. 4611, Dec. 1, 1978, 93 Stat. 1446. |
African Burial Ground National Monument, New York.—Proc. No. 7984, Feb. 27, 2006, 71 F.R. 10793. |
Agua Fria National Monument, Arizona.—Proc. No. 7263, Jan. 11, 2000, 65 F.R. 2817. |
Andrew Johnson National Monument, Tennessee [Monument redesignated Andrew Johnson National Historical Site, see section 450o of Title 16, Conservation].—Proc. No. 2554, Apr. 27, 1942, 56 Stat. 1955. |
Aniakchak National Monument, Alaska [Monument established as unit of National Park System, see section 410hh(1) of Title 16, Conservation].—Proc. No. 4612, Dec. 1, 1978, 93 Stat. 1448. |
Arches National Monument, Utah [Monument abolished and funds made available to Arches National Park, see section 272 of Title 16, Conservation].—Proc. No. 1875, Apr. 12, 1929, 46 Stat. 2988; Proc. No. 2312, Nov. 25, 1938, 53 Stat. 2504; Proc. No. 3360, July 22, 1960, 74 Stat. |
Avi Kwa Ame National Monument, Nevada.—Proc. No. 10533, Mar. 21, 2023, 88 F.R. 17987; Ex. Ord. No. 14109, §1(ii), Sept. 29, 2023, 88 F.R. 68448. |
Aztec Ruins National Monument, New Mexico.—Proc. No. 1650, Jan. 24, 1923, 42 Stat. 2295; Proc. No. 1840, July 2, 1928, 45 Stat. 2954; Proc. No. 1928, Dec. 19, 1930, 46 Stat. 3040; Proc. No. 2787, May 27, 1948, 62 Stat. 1513; Pub. L. 100–559, title VI, §§601–604, Oct. 28, 1988, 102 Stat. 2800. |
Baaj Nwaavjo I'tah Kukveni—Ancestral Footprints of the Grand Canyon National Monument, Arizona.—Proc. No. 10606, Aug. 8, 2023, 88 F.R. 55331; Ex. Ord. No. 14109, §1(jj), Sept. 29, 2023, 88 F.R. 68448. |
Badlands National Monument, South Dakota [Monument redesignated Badlands National Park, see section 441e–1 of Title 16, Conservation].—Proc. No. 2320, Jan. 25, 1939, 53 Stat. 2521. |
Bandelier National Monument, New Mexico.—Proc. No. 1322, Feb. 11, 1916, 39 Stat. 1764; Proc. No. 1991, Feb. 25, 1932, 47 Stat. 2503; Proc. No. 3388, Jan. 9, 1961, 75 Stat. 1014; Proc. No. 3539, May 27, 1963, 77 Stat. 1006; Pub. L. 94–578, title III, §309, Oct. 21, 1976, 90 Stat. 2736; Pub. L. 105–85, div. C, title XXXI, §3164, Nov. 18, 1997, 111 Stat. 2050; Pub. L. 105–376, Nov. 12, 1998, 112 Stat. 3388. |
Basin and Range National Monument, Nevada.—Proc. No. 9297, July 10, 2015, 80 F.R. 41969. |
Bears Ears National Monument, Utah.—Proc. No. 9558, Dec. 28, 2016, 82 F.R. 1139; Ex. Ord. No. 13811, §1(dd), Sept. 29, 2017, 82 F.R. 46364; Proc. No. 9681, Dec. 4, 2017, 82 F.R. 58081; Ex. Ord. No. 13889, §1(aa), Sept. 27, 2019, 84 F.R. 52744; Ex. Ord. No. 14048, §1(aa), Sept. 30, 2021, 86 F.R. 55466; Proc. No. 10285, Oct. 8, 2021, 86 F.R. 57321; Ex. Ord. No. 14109, §1(gg), Sept. 29, 2023, 88 F.R. 68448. |
Becharof National Monument, Alaska.—Proc. No. 4613, Dec. 1, 1978, 93 Stat. 1450. |
Belmont-Paul Women's Equality National Monument, District of Columbia.—Proc. No. 9423, Apr. 12, 2016, 81 F.R. 22505. |
Bering Land Bridge National Monument, Alaska.—Proc. No. 4614, Dec. 1, 1978, 93 Stat. 1451. |
Berryessa Snow Mountain National Monument, California.—Proc. No. 9298, July 10, 2015, 80 F.R. 41975. |
Big Hole Battlefield National Monument, Montana [Monument redesignated Big Hole National Battlefield, see section 430uu of Title 16, Conservation].—Ex. Ord. No. 1216, June 23, 1910; Proc. No. 2339, June 29, 1939, 53 Stat. 2544. |
Birmingham Civil Rights National Monument, Alabama.—Proc. No. 9565, Jan. 12, 2017, 82 F.R. 6151. |
Black Canyon of the Gunnison National Monument, Colorado [Monument abolished and lands incorporated in, and funds made available for, Black Canyon of the Gunnison National Park, see section 410fff–2 of Title 16, Conservation].—Proc. No. 2033, Mar. 2, 1933, 47 Stat. 2558; Proc. No. 2286, May 16, 1938, 52 Stat. 1548; Proc. No. 2372, Oct. 28, 1939, 54 Stat. 2669; Proc. No. 3344, Apr. 8, 1960, 74 Stat. |
Browns Canyon National Monument, Colorado.—Proc. No. 9232, Feb. 19, 2015, 80 F.R. 9975. |
Bryce Canyon National Monument, Utah.—Proc. No. 1664, June 8, 1923, 43 Stat. 1914; Proc. No. 1930, Jan. 5, 1931, 46 Stat. 3042; Proc. No. 1952, May 4, 1931, 47 Stat. 2455. |
Buck Island Reef National Monument, Virgin Islands.—Proc. No. 3443, Dec. 28, 1961, 76 Stat. 1441; Proc. No. 4346, Feb. 1, 1975, 89 Stat. 1237; Proc. No. 4359, Mar. 28, 1975, 89 Stat. 1254; Proc. No. 7392, Jan. 17, 2001, 66 F.R. 7335. |
Cabrillo National Monument, California.—Proc. No. 1255, Oct. 14, 1913, 38 Stat. 1965; Proc. No. 3273, Feb. 2, 1959, 73 Stat. |
California Coastal National Monument, California.—Proc. No. 7264, Jan. 11, 2000, 65 F.R. 2821; Proc. No. 9089, Mar. 11, 2014, 79 F.R. 14603; Proc. No. 9563, Jan. 12, 2017, 82 F.R. 6131. |
Camp Hale-Continental Divide National Monument, Colorado.—Proc. No. 10476, Oct. 12, 2022, 87 F.R. 63381. |
Camp Nelson National Monument, Kentucky.—Proc. No. 9811, Oct. 26, 2018, 83 F.R. 54845. |
Canyon De Chelly National Monument, Arizona [see section 445 of Title 16, Conservation].—Proc. No. 1945, Apr. 1, 1931, 47 Stat. 2448; Proc. No. 2036, Mar. 3, 1933, 47 Stat. 2562. |
Canyons of the Ancients National Monument, Colorado.—Proc. No. 7317, June 9, 2000, 65 F.R. 37243. |
Cape Krusenstern National Monument, Alaska [Monument established as unit of National Park System, see section 410hh(3) of Title 16, Conservation].—Proc. No. 4615, Dec. 1, 1978, 93 Stat. 1453. |
Capitol Reef National Monument, Utah [Monument abolished and funds made available to Capitol Reef National Park, see section 273 of Title 16, Conservation].—Proc. No. 2246, Aug. 2, 1937, 50 Stat. 1856; Proc. No. 3249, July 2, 1958, 72 Stat. |
Capulin Mountain National Monument, New Mexico [Monument redesignated Capulin Volcano National Monument by Pub. L. 100–225, title V, §506(g), Dec. 31, 1987, 101 Stat. 1547].—Proc. No. 1340, Aug. 9, 1916, 39 Stat. 1792. |
Capulin Volcano National Monument, New Mexico [Monument changed from Capulin Mountain National Monument, see section 460uu–46(g) of Title 16, Conservation].—Proc. No. 1340, Aug. 9, 1916, 39 Stat. 1792; Pub. L. 87–635, Sept. 5, 1962, 76 Stat. 436; Pub. L. 100–225, title V, §506(g), Dec. 31, 1987, 101 Stat. 1547. |
Carlsbad Cave National Monument, New Mexico [Monument redesignated Carlsbad Caverns National Park, see section 407 of Title 16, Conservation].—Proc. No. 1679, Oct. 25, 1923, 43 Stat. 1929. |
Carrizo Plain National Monument, California.—Proc. No. 7393, Jan. 17, 2001, 66 F.R. 7339. |
Casa Grande National Monument, Arizona.—Proc. No. 1470, Aug. 3, 1918, 40 Stat. 1818. |
Cascade-Siskiyou National Monument, Oregon.—Proc. No. 7318, June 9, 2000, 65 F.R. 37249; Pub. L. 111–11, title I, §§1401–1406, Mar. 30, 2009, 123 Stat. 1026–1031; Proc. No. 9564, Jan. 12, 2017, 82 F.R. 6145. |
Castillo de San Marcos National Monument, Florida [Monument changed from Fort Marion National Monument by act June 5, 1942, ch. 337, 56 Stat. 312].—Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968; Pub. L. 108–480, Dec. 23, 2004, 118 Stat. 3907. |
Castle Mountains National Monument, California.—Proc. No. 9394, Feb. 12, 2016, 81 F.R. 8365. |
Castle Pinckney National Monument, South Carolina.—Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968. |
Castner Range National Monument, Texas.—Proc No. 10534, Mar. 21, 2023, 88 F.R. 17999. |
Cedar Breaks National Monument, Utah.—Proc. No. 2054, Aug. 22, 1933, 48 Stat. 1705. |
César E. Chávez National Monument, California.—Proc. No. 8884, Oct. 8, 2012, 77 F.R. 62413. |
Chaco Canyon National Monument, New Mexico [Monument abolished and funds made available to Chaco Culture National Historical Park, see section 410ii–1(a) of Title 16, Conservation].—Proc. No. 740, Mar. 11, 1907, 35 Stat. 2119; Proc. No. 1826, Jan. 10, 1928, 45 Stat. 2937. |
Channel Islands National Monument, California [Monument abolished and incorporated in Channel Islands National Park, see section 410ff of Title 16, Conservation].—Proc. No. 2281, Apr. 26, 1938, 52 Stat. 1541; Proc. No. 2825, Feb. 9, 1949, 63 Stat. 1258; Pub. L. 93–477, title IV, §401, Oct. 26, 1974, 88 Stat. 1447; Pub. L. 94–578, title II, §201(9), Oct. 21, 1976, 90 Stat. 2733. |
Charles Young Buffalo Soldiers National Monument, Ohio.—Proc. No. 8945, Mar. 25, 2013, 78 F.R. 18777. |
Chesapeake and Ohio Canal National Monument, Maryland.—Proc. No. 3391, Jan. 18, 1961, 75 Stat. 1023. |
Chimney Rock National Monument, Colorado.—Proc. No. 8868, Sept. 21, 2012, 77 F.R. 59275. |
Chiricahua National Monument, Arizona.—Proc. No. 1692, Apr. 18, 1924, 43 Stat. 1946; Proc. No. 2288, June 10, 1938, 52 Stat. 1551. |
Cinder Cone National Monument, California.—Proc. No. 753, May 6, 1907, 35 Stat. 2131. |
Colonial National Monument, Virginia [Monument redesignated Colonial National Historical Park, see section 81 of Title 16, Conservation].—Proc. No. 1929, Dec. 30, 1930, 46 Stat. 3041; Proc. No. 2055, Aug. 22, 1933, 48 Stat. 1706. |
Colorado National Monument, Colorado.—Proc. No. 1126, May 24, 1911, 37 Stat. 1681; Proc. No. 2037, Mar. 3, 1933, 47 Stat. 2563; Proc. No. 3307, Aug. 7, 1959, 73 Stat. |
Craters of the Moon National Monument, Idaho.—Proc. No. 1694, May 2, 1924, 43 Stat. 1947; Proc. No. 1843, July 23, 1928, 45 Stat. 2959; Proc. No. 1916, July 9, 1930, 46 Stat. 3029; Proc. No. 2499, July 18, 1941, 55 Stat. 1660; Proc. No. 3506, Nov. 19, 1962, 77 Stat. 960; Pub. L. 104–333, div. I, title II, §205, Nov. 12, 1996, 110 Stat. 4106; Proc. No. 7373, Nov. 9, 2000, 65 F.R. 69221; Pub. L. 107–213, §1, Aug. 21, 2002, 116 Stat. 1052. |
Death Valley National Monument, California and Nevada [Monument abolished and incorporated in Death Valley National Park, see section 410aaa–1 of Title 16, Conservation].—Proc. No. 2028, Feb. 11, 1933, 47 Stat. 2554; Proc. No. 2228, Mar. 26, 1937, 50 Stat. 1823; Proc. No. 2961, Jan. 17, 1952, 66 Stat. |
Denali National Monument, Alaska.—Proc. No. 4616, Dec. 1, 1978, 93 Stat. 1455. |
Devil Postpile National Monument, California.—Proc. No. 1166, July 6, 1911, 37 Stat. 1715. |
Devils Tower National Monument, Wyoming.—Proc. No. 658, Sept. 24, 1906, 34 Stat. 3236; act Aug. 9, 1955, ch. 647, 69 Stat. 575. |
Dinosaur National Monument, Utah-Colorado.—Proc. No. 1313, Oct. 4, 1915, 39 Stat. 1752; Proc. No. 2290, July 14, 1938, 53 Stat. 2454; Pub. L. 100–701, §§2–4, Nov. 19, 1988, 102 Stat. 4641. |
Edison Laboratory National Monument, New Jersey [Monument and Edison Home National Historic Site together with certain adjacent lands redesignated Edison National Historic Site by Pub. L. 87–628, §1, Sept. 5, 1962, 76 Stat. 428; Pub. L. 87–628 repealed and references to the Edison National Historic Site deemed to refer to the Thomas Edison National Historical Park by Pub. L. 111–11, title VII, §7110(c)(4), (5), Mar. 30, 2009, 123 Stat. 1198, see section 410mmm of Title 16, Conservation].—Proc. No. 3148, July 14, 1956, 70 Stat. |
Effigy Mounds National Monument, Iowa.—Proc. No. 2860, Oct. 25, 1949, 64 Stat. |
El Morro National Monument, New Mexico.—Proc. No. 695, Dec. 8, 1906, 34 Stat. 3264; Proc. No. 1377, June 18, 1917, 40 Stat. 1673. |
Emmett Till and Mamie Till-Mobley National Monument, Illinois and Mississippi.—Proc. No. 10602, July 25, 2023, 88 F.R. 48705. |
First State National Monument, Delaware [Monument redesignated First State National Historical Park, see section 410rrr of Title 16, Conservation].—Proc. No. 8944, Mar. 25, 2013, 78 F.R. 18769. |
Fort Jefferson National Monument, Florida [Monument abolished and incorporated in Dry Tortugas National Park, see section 410xx of Title 16, Conservation].—Proc. No. 2112, Jan. 4, 1935, 49 Stat. 3430; Pub. L. 96–287, title II, June 28, 1980, 94 Stat. 600; Pub. L. 102–525, title II, §201(c), Oct. 26, 1992, 106 Stat. 3440. |
Fort Laramie National Monument, Wyoming [Monument redesignated Fort Laramie National Historic Site by Pub. L. 86–444, §3, Apr. 29, 1960, 74 Stat. 84].—Proc. No. 2292, July 16, 1938, 53 Stat. 2461. |
Fort Marion National Monument, Florida [Monument redesignated Castillo de San Marcos National Monument by act June 5, 1942, ch. 337, 56 Stat. 312].—Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968. |
Fort Matanzas National Monument, Florida.—Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968; Proc. No. 2114, Jan. 9, 1935, 49 Stat. 3433; Proc. No. 2773, Mar. 24, 1948, 62 Stat. 1491; Pub. L. 106–524, Nov. 22, 2000, 114 Stat. 2493. |
Fort Monroe National Monument, Virginia.—Proc. No. 8750, Nov. 1, 2011, 76 F.R. 68625. |
Fort Niagara National Monument, New York.—Proc. No. 1745, Sept. 5, 1925, 44 Stat. 2582. |
Fort Ord National Monument, California.—Proc. No. 8803, Apr. 20, 2012, 77 F.R. 24579. |
Fort Pulaski National Monument, Georgia.—Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968; June 26, 1936, ch. 844, 49 Stat. 1979; Pub. L. 104–333, div. I, title VIII, §807, Nov. 12, 1996, 110 Stat. 4188. |
Fort Wood National Monument, New York.—Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968. |
Fossil Cycad National Monument, South Dakota.—Proc. No. 1641, Oct. 21, 1922, 42 Stat. 2286. |
Freedom Riders National Monument, Alabama.—Proc. No. 9566, Jan. 12, 2017, 82 F.R. 6159. |
Gates of the Arctic National Monument, Alaska.—Proc. No. 4617, Dec. 1, 1978, 93 Stat. 1457. |
Giant Sequoia National Monument, California.—Proc. No. 7295, Apr. 15, 2000, 65 F.R. 24095. |
Gila Cliff-Dwellings National Monument, New Mexico.—Proc. No. 781, Nov. 16, 1907, 35 Stat. 2162; Proc. No. 3467, Apr. 17, 1962, 76 Stat. 1465. |
Glacier Bay National Monument, Alaska [Monument redesignated Glacier Bay National Park, see section 410hh–1(1) of Title 16, Conservation].—Proc. No. 1733, Feb. 26, 1925, 43 Stat. 1988; Proc. No. 2330, Apr. 18, 1939, 53 Stat. 2534; Proc. No. 3089, Mar. 31, 1955, 69 Stat. |
Gold Butte National Monument, Nevada.—Proc. No. 9559, Dec. 28, 2016, 82 F.R. 1149; Ex. Ord. No. 13811, §1(ee), Sept. 29, 2017, 82 F.R. 46364; Ex. Ord. No. 13889, §1(bb), Sept. 27, 2019, 84 F.R. 52744; Ex. Ord. No. 14048, §1(bb), Sept. 30, 2021, 86 F.R. 55466; Ex. Ord. No. 14109, §1(hh), Sept. 29, 2023, 88 F.R. 68448. |
Governors Island National Monument, New York.—Proc. No. 7402, Jan. 19, 2001, 66 F.R. 7855; Proc. No. 7647, Feb. 7, 2003, 68 F.R. 7053. |
Gran Quivira National Monument, New Mexico [Monument abolished and funds made available to Salinas National Monument by Pub. L. 96–550, title VI, §601(b), Dec. 19, 1980, 94 Stat. 3231. Salinas National Monument redesignated Salinas Pueblo Missions National Monument by Pub. L. 100–559, title I, §101, Oct. 28, 1988, 102 Stat. 2797].—Proc. No. 882, Mar. 20, 1909, 36 Stat. 2503; Proc. No. 1545, Nov. 25, 1919, 41 Stat. 1778. |
Grand Canyon National Monument, Arizona.—Proc. No. 794, Jan. 11, 1908, 35 Stat. 2175; Proc. No. 2022, Dec. 22, 1932, 47 Stat. 2547; Proc. No. 2393, Apr. 4, 1940, 54 Stat. 2692. |
Grand Canyon-Parashant National Monument, Arizona.—Proc. No. 7265, Jan. 11, 2000, 65 F.R. 2825. |
Grand Staircase-Escalante National Monument, Utah.—Proc. No. 6920, Sept. 18, 1996, 110 Stat. 4561; Pub. L. 105–335, Oct. 31, 1998, 112 Stat. 3139; Pub. L. 105–355, title II, §201, Nov. 6, 1998, 112 Stat. 3252; Pub. L. 106–176, title III, §307, Mar. 10, 2000, 114 Stat. 33; Proc. No. 9682, Dec. 4, 2017, 82 F.R. 58089; Ex. Ord. No. 13889, §1(cc), Sept. 27, 2019, 84 F.R. 52744; Ex. Ord. No. 14048, §1(y), Sept. 30, 2021, 86 F.R. 55466; Proc. No. 10286, Oct. 8, 2021, 86 F.R. 57335; Ex. Ord. No. 14109, §1(ee), Sept. 29, 2023, 88 F.R. 68448. |
Great Sand Dunes National Monument, Colorado [Monument abolished and incorporated in Great Sand Dunes National Park, see section 410hhh–2 of Title 16, Conservation].—Proc. No. 1994, Mar. 17, 1932, 47 Stat. 2506; Proc. No. 2681, Mar. 12, 1946, 60 Stat. 1339; Proc. No. 3138, June 7, 1956, 70 Stat. |
Hanford Reach National Monument, Washington.—Proc. No. 7319, June 9, 2000, 65 F.R. 37253. |
Harriet Tubman—Underground Railroad National Monument, Maryland.—Proc. No. 8943, Mar. 25, 2013, 78 F.R. 18763. |
Holy Cross National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 530, 64 Stat. 404].—Proc. No. 1877, May 11, 1929, 46 Stat. 2993. |
Honouliuli National Monument, Hawaii [Monument abolished by Pub. L. 116–9, title II, §2206(d), Mar. 12, 2019, 133 Stat. 741].—Proc. No. 9234, Feb. 24, 2015, 80 F.R. 11069. |
Hovenweep National Monument, Colorado-Utah.—Proc. No. 1654, Mar. 2, 1923, 42 Stat. 2299; Proc. No. 2924, Apr. 26, 1951, 65 Stat. |
Ironwood Forest National Monument, Arizona.—Proc. No. 7320, June 9, 2000, 65 F.R. 37259. |
Jackson Hole National Monument, Wyoming [Monument abolished and incorporated in Grand Teton National Park, see section 406d–1 of Title 16, Conservation].—Proc. No. 2578, Mar. 15, 1943, 57 Stat. 731. |
Jewel Cave National Monument, South Dakota.—Proc. No. 799, Feb. 7, 1908, 35 Stat. 2180; Pub. L. 89–250, Oct. 9, 1965, 79 Stat. 971. |
Joshua Tree National Monument, California [see section 450ii of Title 16, Conservation] [Monument abolished and incorporated in Joshua Tree National Park, see section 410aaa–22 of Title 16, Conservation].—Proc. No. 2193, Aug. 10, 1936, 50 Stat. 1760; Pub. L. 103–433, title IV, §402, Oct. 31, 1994, 108 Stat. 4488. |
Kasha-Katuwe Tent Rocks National Monument, New Mexico.—Proc. No. 7394, Jan. 17, 2001, 66 F.R. 7343. |
Katahdin Woods and Waters National Monument, Maine.—Proc. No. 9476, Aug. 24, 2016, 81 F.R. 59121. |
Katmai National Monument, Alaska [Monument redesignated Katmai National Park, see section 410hh–1(2) of Title 16, Conservation].—Proc. No. 1487, Sept. 24, 1918, 40 Stat. 1855; Proc. No. 1950, Apr. 24, 1931, 47 Stat. 2453; Proc. No. 2177, June 15, 1936, 49 Stat. 3523; Proc. No. 2564, Aug. 4, 1942, 56 Stat. 1972; Proc. No. 3890, Jan. 20, 1969, 83 Stat. 926; Proc. No. 4619, Dec. 1, 1978, 93 Stat. 1460. |
Kenai Fjords National Monument, Alaska.—Proc. No. 4620, Dec. 1, 1978, 93 Stat. 1462. |
Kobuk Valley National Monument, Alaska.—Proc. No. 4621, Dec. 1, 1978, 93 Stat. 1463. |
Lake Clark National Monument, Alaska.—Proc. No. 4622, Dec. 1, 1978, 93 Stat. 1465. |
Lassen Peak National Monument, California.—Proc. No. 754, May 6, 1907, 35 Stat. 2132. |
Lava Beds National Monument, California.—Proc. No. 1755, Nov. 21, 1925, 44 Stat. 2591; Proc. No. 2925, Apr. 27, 1951, 65 Stat. |
Lehman Caves National Monument, Nevada [Monument abolished and lands incorporated in, and funds made available for, Great Basin National Park, see section 410mm(d) of Title 16, Conservation].—Proc. No. 1618, Jan. 24, 1922, 42 Stat. 2260. |
Lewis and Clark Cavern National Monument, Montana.—Proc. No. 807, May 11, 1908, 35 Stat. 2187; Proc. No. 1123, May 16, 1911, 37 Stat. 1679. |
Marble Canyon National Monument, Arizona.—Proc. No. 3889, Jan. 20, 1969, 83 Stat. 924. |
Marianas Trench Marine National Monument, Northern Mariana Islands and Guam.—Proc. No. 8335, Jan. 6, 2009, 74 F.R. 1557. |
Meriwether Lewis National Monument, Tennessee [Monument included in Natchez Trace Parkway, see section 460–1 of Title 16, Conservation].—Proc. No. 1730, Feb. 6, 1925, 43 Stat. 1986; Proc. No. 1825, Dec. 6, 1927, 45 Stat. 2935. |
Minidoka Internment National Monument, Idaho [Monument abolished and lands incorporated in Minidoka Historic Site by Pub. L. 110–229, title III, §313, May 8, 2008, 122 Stat. 770, as amended by Pub. L. 113–171, §1, Sept. 26, 2014, 128 Stat. 1895].—Proc. No. 7395, Jan. 17, 2001, 66 F.R. 7347. |
Misty Fjords National Monument, Alaska [Monument established within Tongass National Forest by Pub. L. 96–487, title V, §503(a), Dec. 2, 1980, 94 Stat. 2399].—Proc. No. 4623, Dec. 1, 1978, 93 Stat. 1466. |
Mojave Trails National Monument, California.—Proc. No. 9395, Feb. 12, 2016, 81 F.R. 8371. |
Montezuma Castle National Monument, Arizona.—Proc. No. 696, Dec. 8, 1906, 34 Stat. 3265; Proc. No. 2226, Feb. 23, 1937, 50 Stat. 1817; Pub. L. 108–190, Dec. 19, 2003, 117 Stat. 2867. |
Mound City Group National Monument, Ohio [Monument redesignated Hopewell Culture National Historic Park, see section 410uu of Title 16, Conservation].—Proc. No. 1653, Mar. 2, 1923, 42 Stat. 2298; Pub. L. 96–607, title VII, §701, Dec. 28, 1980, 94 Stat. 3540. |
Mount Olympus National Monument, Washington [Monument abolished and lands incorporated in Mount Olympus National Park, see section 251 of Title 16, Conservation].—Proc. No. 869, Mar. 2, 1909, 35 Stat. 2247; Proc. No. 1191, Apr. 17, 1912, 37 Stat. 1737; Proc. No. 1293, May 11, 1915, 39 Stat. 1726; Proc. No. 1862, Jan. 7, 1929, 45 Stat. 2984. |
Muir Woods National Monument, California.—Proc. No. 793, Jan. 9, 1908, 35 Stat. 2174; Proc. No. 1608, Sept. 22, 1921, 42 Stat. 2249; Proc. No. 2122, Apr. 5, 1935, 49 Stat. 3443; Proc. No. 2932, June 26, 1951, 65 Stat. |
Mukuntuweap National Monument, Utah [Monument redesignated Zion National Monument by Proc. No. 1435, Mar. 18, 1918, 40 Stat. 1760, and later redesignated Zion National Park, see section 344 of Title 16, Conservation].—Proc. No. 877, July 31, 1909, 36 Stat. 2498. |
Natural Bridges National Monument, Utah.—Proc. No. 804, Apr. 16, 1908, 35 Stat. 2183; Proc. No. 881, Sept. 25, 1909, 36 Stat. 2502; Proc. No. 1323, Feb. 11, 1916, 39 Stat. 1764; Proc. No. 3486, Aug. 14, 1962, 76 Stat. 1495. |
Navajo National Monument, Arizona.—Proc. No. 873, Mar. 20, 1909, 36 Stat. 2491; Proc. No. 1186, Mar. 14, 1912, 37 Stat. 1733. |
Noatak National Monument, Alaska.—Proc. No. 4624, Dec. 1, 1978, 93 Stat. 1468. |
Northeast Canyons and Seamounts Marine National Monument, Atlantic Ocean.—Proc. No. 9496, Sept. 15, 2016, 81 F.R. 65161; Proc. No. 10049, June 5, 2020, 85 F.R. 35793; Proc. No. 10287, Oct. 8, 2021, 86 F.R. 57349. |
Northwestern Hawaiian Islands Marine National Monument, Hawaii [Monument redesignated Papahānaumokuākea Marine National Monument by Proc. No. 8112, Feb. 28, 2007, 72 F.R. 10031].—Proc. No. 8031, June 15, 2006, 71 F.R. 36443. |
Ocmulgee National Monument, Georgia [Monument redesignated Ocmulgee Mounds National Historical Park, see section 410yyy–3(b)(1) of Title 16, Conservation].—Proc. No. 2212, Dec. 23, 1936, 50 Stat. 1798; Proc. No. 2493, June 13, 1941, 55 Stat. 1654; Pub. L. 102–67, July 9, 1991, 105 Stat. 325. |
Old Kasaan National Monument, Alaska [Monument abolished and incorporated in Tongass National Forest by act July 26, 1955, ch. 387, 69 Stat. 380].—Proc. No. 1351, Oct. 25, 1916, 39 Stat. 1812. |
Oregon Caves National Monument, Oregon [Monument and land designated as National Preserve to be administered as single unit of National Park System and designated as Oregon Caves National Monument and Preserve, see section 410vvv of Title 16, Conservation].—Proc. No. 876, July 12, 1909, 36 Stat. 2497. |
Organ Mountains-Desert Peaks National Monument, New Mexico.—Proc. No. 9131, May 21, 2014, 79 F.R. 30431; Pub. L. 116–9, title I, §1201(a), (d), Mar. 12, 2019, 133 Stat. 642, 649. |
Organ Pipe Cactus National Monument, Arizona.—Proc. No. 2232, Apr. 13, 1937, 50 Stat. 1827; Pub. L. 108–64, July 29, 2003, 117 Stat. 874. |
Pacific Remote Islands Marine National Monument, Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll.—Proc. No. 8336, Jan. 6, 2009, 74 F.R. 1565. |
Pacific Remote Islands Marine National Monument Expansion, Wake and Jarvis Islands, Johnston Atoll.—Proc. No. 9173, Sept. 25, 2014, 79 F.R. 58645. |
Papago Saguaro National Monument, Arizona [Monument abolished by act Apr. 7, 1930, ch. 107, 46 Stat. 142, as amended by Pub. L. 109–163, div. B, title XXVIII, §2873, Jan. 6, 2006, 119 Stat. 3535].—Proc. No. 1262, Jan. 31, 1914, 38 Stat. 1991. |
Papahānaumokuākea Marine National Monument, Hawaii [Monument changed from Northwestern Hawaiian Islands Marine National Monument by Proc. No. 8112, Feb. 28, 2007, 72 F.R. 10031].—Proc. No. 8031, June 15, 2006, 71 F.R. 36443. |
Papahānaumokuākea Marine National Monument Expansion, Hawaii.—Proc. No. 9478, Aug. 26, 2016, 81 F.R. 60227. |
Perry's Victory and International Peace Memorial National Monument, Ohio.—Proc. No. 2182, July 6, 1936, 50 Stat. 1734. |
Petrified Forest National Monument [Monument disestablished on establishment of Petrified Forest National Park, see sections 119 and 444 of Title 16, Conservation].—Proc. No. 697, Dec. 8, 1906, 34 Stat. 3266; Proc. No. 1167, July 31, 1911, 37 Stat. 1716; Proc. No. 1927, Nov. 14, 1930, 46 Stat. 3040; Proc. No. 1975, Nov. 30, 1931, 47 Stat. 2486; Proc. No. 2011, Sept. 23, 1932, 47 Stat. 2532. |
Pinnacles National Monument, California [Monument abolished and lands and interests therein incorporated within and made part of Pinnacles National Park, see section 410ooo–1 of Title 16, Conservation].—Proc. No. 796, Jan. 16, 1908, 35 Stat. 2177; Proc. No. 1660, May 7, 1923, 43 Stat. 1911; Proc. No. 1704, July 2, 1924, 43 Stat. 1961; Proc. No. 1948, Apr. 13, 1931, 47 Stat. 2451; Proc. No. 2050, July 11, 1933, 48 Stat. 1701; Proc. No. 2528, Dec. 5, 1941, 55 Stat. 1709; Proc. No. 7266, Jan. 11, 2000, 65 F.R. 2831. |
Pipe Spring National Monument, Arizona.—Proc. No. 1663, May 31, 1923, 43 Stat. 1913. |
Pompeys Pillar National Monument, Montana.—Proc. No. 7396, Jan. 17, 2001, 66 F.R. 7351. |
President Lincoln and Soldiers' Home National Monument, District of Columbia.—Proc. No. 7329, July 7, 2000, 65 F.R. 43673. |
Pullman National Monument, Illinois [Monument redesignated Pullman National Historical Park, see section 410jjjj(b)(1) of Title 16, Conservation].—Proc. No. 9233, Feb. 19, 2015, 80 F.R. 10315 [abrogated by section 410jjjj(b)(4) of Title 16]. |
Rainbow Bridge National Monument, Utah.—Proc. No. 1043, May 30, 1910, 36 Stat. 2703. |
Reconstruction Era National Monument, South Carolina [Monument redesignated Reconstruction Era National Historical Park, see section 410bbbb(b)(1) of Title 16, Conservation].—Proc. No. 9567, Jan. 12, 2017, 82 F.R. 6167. |
Río Grande del Norte National Monument, New Mexico.—Proc. No. 8946, Mar. 25, 2013, 78 F.R. 18783. |
Rose Atoll Marine National Monument, American Samoa.—Proc. No. 8337, Jan. 6, 2009, 74 F.R. 1577. |
Russell Cave National Monument, Alabama.—Proc. No. 3413, May 11, 1961, 75 Stat. 1058. |
Saguaro National Monument, Arizona [Monument abolished and incorporated in Saguaro National Park, see section 410zz–1 of Title 16, Conservation].—Proc. No. 2032, Mar. 1, 1933, 47 Stat. 2557; Proc. No. 3439, Nov. 15, 1961, 76 Stat. 1437; Pub. L. 102–61, June 19, 1991, 105 Stat. 303; Pub. L. 103–364, §3, Oct. 14, 1994, 108 Stat. 3467. |
San Gabriel Mountains National Monument, California.—Proc. No. 9194, Oct. 10, 2014, 79 F.R. 62303. |
San Juan Islands National Monument, Washington.—Proc. No. 8947, Mar. 25, 2013, 78 F.R. 18789; Ex. Ord. No. 13708, §1(nn), Sept. 30, 2015, 80 F.R. 60272; Ex. Ord. No. 13811, §1(cc), Sept. 29, 2017, 82 F.R. 46364; Ex. Ord. No. 13889, §1(z), Sept. 27, 2019, 84 F.R. 52744; Ex. Ord. No. 14048, §1(z), Sept. 30, 2021, 86 F.R. 55466; Ex. Ord. No. 14109, §1(ff), Sept. 29, 2023, 88 F.R. 68448. |
Sand to Snow National Monument, California.—Proc. No. 9396, Feb. 12, 2016, 81 F.R. 8379. |
Santa Rosa Island National Monument, Florida.—Proc. No. 2337, May 17, 1939, 53 Stat. 2542; Proc. No. 2659, Aug. 13, 1945, 59 Stat. 877. |
Scotts Bluff National Monument, Nebraska.—Proc. No. 1547, Dec. 12, 1919, 41 Stat. 1779; Proc. No. 1999, June 1, 1932, 47 Stat. 2512; Proc. No. 2391, Mar. 29, 1940, 54 Stat. 2690. |
Shoshone Cavern National Monument, Wyoming [Monument abolished by act May 17, 1954, ch. 203, 68 Stat. 98].—Proc. No. 880, Sept. 21, 1909, 36 Stat. 2501. |
Sieur de Monts National Monument, Maine.—Proc. No. 1339, July 8, 1916, 39 Stat. 1785. |
Sitka National Monument, Alaska [Monument redesignated Sitka National Historical Park by Pub. L. 92–501, Oct. 18, 1972, 86 Stat. 904, as amended by Pub. L. 106–291, title I, §130, Oct. 11, 2000, 114 Stat. 946].—Proc. No. 959, Mar. 23, 1910, 36 Stat. 2601; Proc. No. 2965, Feb. 25, 1952, 66 Stat. |
Sonoran Desert National Monument, Arizona.—Proc. No. 7397, Jan. 17, 2001, 66 F.R. 7354. |
Statue of Liberty National Monument.—Proc. No. 1713, Oct. 15, 1924, 43 Stat. 1968; Proc. No. 2250, Sept. 7, 1937, 51 Stat. 393; Proc. No. 3656, May 11, 1965, 79 Stat. 1490. |
Stonewall National Monument, New York.—Proc. No. 9465, June 24, 2016, 81 F.R. 42215. |
Sunset Crater Volcano National Monument, Arizona [Monument changed from Sunset Crater National Monument by Pub. L. 101–612, §15, Nov. 16, 1990, 104 Stat. 3222].—Proc. No. 1911, May 26, 1930, 46 Stat. 3023; Pub. L. 117–328, div. DD, title VI, §611, Dec. 29, 2022, 136 Stat. 5602. |
Timpanogos Cave National Monument, Utah.—Proc. No. 1640, Oct. 14, 1922, 42 Stat. 2285; Proc. No. 3457, Mar. 27, 1962, 76 Stat. 1457; Pub. L. 107–329, title I, Dec. 6, 2002, 116 Stat. 2815. |
Tonto National Monument, Arizona.—Proc. No. 787, Dec. 19, 1907, 35 Stat. 2168; Proc. No. 2230, Apr. 1, 1937, 50 Stat. 1825. |
Tumacacori National Monument, Arizona [Monument abolished and lands incorporated in, and funds made available for, Tumacacori National Historical Park, see section 410ss of Title 16, Conservation].—Proc. No. 821, Sept. 15, 1908, 35 Stat. 2205; Proc. No. 3228, Mar. 28, 1958, 72 Stat. |
Tuzigoot National Monument, Arizona.—Proc. No. 2344, July 25, 1939, 53 Stat. 2548. |
Upper Missouri River Breaks National Monument, Montana.—Proc. No. 7398, Jan. 17, 2001, 66 F.R. 7359. |
Verendrye National Monument, North Dakota.—Proc. No. 1380, June 29, 1917, 40 Stat. 1677. |
Vermilion Cliffs National Monument, Arizona.—Proc. No. 7374, Nov. 9, 2000, 65 F.R. 69227. |
Virgin Islands Coral Reef National Monument, Virgin Islands.—Proc. No. 7399, Jan. 17, 2001, 66 F.R. 7364. |
Waco Mammoth National Monument, Texas.—Proc. No. 9299, July 10, 2015, 80 F.R. 41983. |
Walnut Canyon National Monument, Arizona.—Proc. No. 1318, Nov. 30, 1915, 39 Stat. 1761; Proc. No. 2300, Sept. 24, 1938, 53 Stat. 2469; Pub. L. 104–333, div. I, title II, §208, Nov. 12, 1996, 110 Stat. 4107. |
Wheeler National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 534, 64 Stat. 405].—Proc. No. 831, Dec. 7, 1908, 35 Stat. 2214. |
White Sands National Monument, New Mexico.—Proc. No. 2025, Jan. 18, 1933, 47 Stat. 2551; Proc. No. 2108, Nov. 28, 1934, 49 Stat. 3426; Proc. No. 2295, Aug. 29, 1938, 53 Stat. 2465; Proc. No. 3024, June 24, 1953, 67 Stat. |
World War II Valor In the Pacific National Monument, Alaska, California, and Hawaii [Monument redesignated Pearl Harbor National Memorial, Tule Lake National Monument, and Aleutian Islands World War II National Monument by Pub. L. 116–9, title II, §2206(a)–(c), Mar. 12, 2019, 133 Stat. 740, 741].—Proc. No. 8327, Dec. 5, 2008, 73 F.R. 75293; Pub. L. 115–170, May 7, 2018, 132 Stat. 1286. |
Wrangell-St. Elias National Monument, Alaska.—Proc. No. 4625, Dec. 1, 1978, 93 Stat. 1470. |
Wupatki National Monument, Arizona.—Proc. No. 1721, Dec. 9, 1924, 43 Stat. 1977; Proc. No. 2243, July 9, 1937, 52 Stat. 1841; Proc. No. 2454, Jan. 20, 1941, 55 Stat. 1608; Pub. L. 104–333, div. I, title II, §207, Nov. 12, 1996, 110 Stat. 4107. |
Yucca House National Monument, Colorado.—Proc. No. 1549, Dec. 19, 1919, 41 Stat. 1781; Pub. L. 104–333, div. I, title II, §201, Nov. 12, 1996, 110 Stat. 4105; Pub. L. 116–329, Jan. 13, 2021, 134 Stat. 5100. |
Yukon-Charley National Monument, Alaska.—Proc. No. 4626, Dec. 1, 1978, 93 Stat. 1472. |
Yukon Flats National Monument, Alaska.—Proc. No. 4627, Dec. 1, 1978, 93 Stat. 1473. |
Zion National Monument, Utah [Monument combined with Zion National Park into a single National park unit, see section 346b of Title 16, Conservation. A prior Zion National Monument, formerly Mukuntuweap National Monument, Proc. No. 877, July 31, 1909, 36 Stat. 2498, and Proc. No. 1435, Mar. 18, 1918, 40 Stat. 1760, was redesignated Zion National Park, see section 344 of Title 16, Conservation].—Proc. No. 2221, Jan. 22, 1937, 50 Stat. 1809. |
Agate Fossil Beds National Monument, Nebraska.—Pub. L. 89–33, June 5, 1965, 79 Stat. 123. |
Aleutian Islands World War II National Monument, Alaska.—Pub. L. 116–9, title II, §2206(c), Mar. 12, 2019, 133 Stat. 741. |
Alibates Flint Quarries National Monument, Texas.—Pub. L. 89–154, Aug. 31, 1965, 79 Stat. 587. Name changed from Alibates Flint Quarries and Texas Panhandle Pueblo Culture National Monument by Pub. L. 95–625, title III, §321(c), Nov. 10, 1978, 92 Stat. 3488. |
Camp Nelson Heritage National Monument, Kentucky.—Pub. L. 116–9, title II, §2303, Mar. 12, 2019, 133 Stat. 745. |
Congaree Swamp National Monument, South Carolina [Monument redesignated Congaree National Park, see section 410jjj of Title 16, Conservation]. |
El Malpais National Monument, New Mexico.—Pub. L. 100–225, title I, §§101–104, Dec. 31, 1987, 101 Stat. 1539 (16 U.S.C. 460uu et seq.). |
Florissant Fossil Beds National Monument, Colorado.—Pub. L. 91–60, Aug. 20, 1969, 83 Stat. 101; Pub. L. 116–9, title II, §2106, Mar. 12, 2019, 133 Stat. 726. |
Fossil Butte National Monument, Wyoming.—Pub. L. 92–537, Oct. 23, 1972, 86 Stat. 1069. |
Hagerman Fossil Beds National Monument, Idaho.—Pub. L. 100–696, title III, §§301–308, Nov. 18, 1988, 102 Stat. 4575, as amended by Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1923; Pub. L. 104–333, div. I, title II, §206, Nov. 12, 1996, 110 Stat. 4106; Pub. L. 106–421, Nov. 1, 2000, 114 Stat. 1870. |
Hohokam Pima National Monument, Arizona.—Pub. L. 92–525, Oct. 21, 1972, 86 Stat. 1047. |
John Day Fossil Beds National Monument, Oregon.—Pub. L. 93–486, title I, §101(a)(2), Oct. 26, 1974, 88 Stat. 1461. |
Jurassic National Monument, Utah.—Pub. L. 116–9, title I, §1252, Mar. 12, 2019, 133 Stat. 676. |
Kill Devil National Monument, North Carolina.—Act Mar. 2, 1927, ch. 251, 44 Stat. 1264. Redesignated Wright Brothers National Memorial, Dec. 1, 1953. |
Little Bighorn Battlefield National Monument, Montana.—Pub. L. 102–201, titles I, II, Dec. 10, 1991, 105 Stat. 1631. |
Medgar and Myrlie Evers Home National Monument, Mississippi.—Pub. L. 116–9, title II, §2301, Mar. 12, 2019, 133 Stat. 743. |
Mill Springs Battlefield National Monument, Kentucky.—Pub. L. 116–9, title II, §2302, Mar. 12, 2019, 133 Stat. 744. |
Mount St. Helens National Volcanic Monument, Washington.—Pub. L. 97–243, Aug. 26, 1982, 96 Stat. 301; Pub. L. 105–279, Oct. 23, 1998, 112 Stat. 2690. |
National Military Working Dog Teams Monument, Virginia.—Pub. L. 110–181, div. B, title XXVIII, §2877, Jan. 28, 2008, 122 Stat. 563; Pub. L. 111–84, div. B, title XXVIII, §2871, Oct. 28, 2009, 123 Stat. 2696. |
Newberry National Volcanic Monument, Oregon.—Pub. L. 101–522, Nov. 5, 1990, 104 Stat. 2288. |
Pecos National Monument, New Mexico [included in Pecos National Historical Park by Pub. L. 101–313, title II, §202(b), June 27, 1990, 104 Stat. 278 (16 U.S.C. 410rr–1(b))].—Pub. L. 89–54, June 28, 1965, 79 Stat. 195; Pub. L. 94–578, title III, §317, Oct. 21, 1976, 90 Stat. 2737; repealed by Pub. L. 101–313, title II, §202(c), June 27, 1990, 104 Stat. 278 (16 U.S.C. 410rr–1(c)). |
Petroglyph National Monument, New Mexico.—Pub. L. 101–313, title I, June 27, 1990, 104 Stat. 272, as amended by Pub. L. 103–50, ch. IV, §401, July 2, 1993, 107 Stat. 252; Pub. L. 104–333, div. I, title VIII, §814(d)(2)(D), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105–174, title III, §3005, May 1, 1998, 112 Stat. 82. |
Poverty Point National Monument, Louisiana.—Pub. L. 100–560, Oct. 31, 1988, 102 Stat. 2803. |
Prehistoric Trackways National Monument, New Mexico.—Pub. L. 111–11, title II, §§2101–2105, Mar. 30, 2009, 123 Stat. 1096–1099. |
Saint Francis Dam Disaster National Monument, California.—Pub. L. 116–9, title I, §1111, Mar. 12, 2019, 133 Stat. 611. |
Salinas Pueblo Missions National Monument, New Mexico.—Pub. L. 96–550, title VI, §601, Dec. 19, 1980, 94 Stat. 3231, as amended by Pub. L. 100–559, title I, §101, Oct. 28, 1988, 102 Stat. 2797. |
Santa Rosa and San Jacinto Mountains National Monument, California.—Pub. L. 106–351, Oct. 24, 2000, 114 Stat. 1362; Pub. L. 106–434, §2, Nov. 6, 2000, 114 Stat. 1913; Pub. L. 111–11, title I, §1853, Mar. 30, 2009, 123 Stat. 1068. |
Tule Lake National Monument, California.—Pub. L. 116–9, title II, §2206(b), Mar. 12, 2019, 133 Stat. 741. |
Tule Springs Fossil Beds National Monument, Nevada.—Pub. L. 113–291, div. B, title XXX, §3092(a), Dec. 19, 2014, 128 Stat. 3861. |
AIDS Memorial Grove National Memorial, California.—Pub. L. 104–333, div. I, title V, §516, Nov. 12, 1996, 110 Stat. 4170. |
Arkansas Post National Memorial, Arkansas.—Pub. L. 86–595, July 6, 1960, 74 Stat. 333; Pub. L. 94–578, title II, §201(2), Oct. 21, 1976, 90 Stat. 2733; Pub. L. 105–83, title I, §126, Nov. 14, 1997, 111 Stat. 1567. |
Arlington House, The Robert E. Lee Memorial, Virginia.—Act Mar. 4, 1925, ch. 562, 43 Stat. 1356. Made permanent memorial by act June 29, 1955, ch. 223, 69 Stat. 190; Pub. L. 93–333, June 30, 1972, 86 Stat. 401; Pub. L. 116–92, div. B, title XXVIII, §2834(e)(4), Dec. 20, 2019, 133 Stat. 1894. |
Astronauts Memorial, John F. Kennedy Space Center, Florida.—Recognized as national memorial to astronauts who die in line of duty by Pub. L. 102–41, May 8, 1991, 105 Stat. 242. |
Battle of Midway National Memorial, Midway Atoll.—Pub. L. 106–113, div. B, §1000(a)(3) [title I, §126], Nov. 29, 1999, 113 Stat. 1535, 1501A–164. |
Benjamin Franklin National Memorial, Pennsylvania.—Designation of Benjamin Franklin Memorial Hall as National Memorial by Pub. L. 92–551, Oct. 25, 1972, 86 Stat. 1164. |
Bosque Redondo Memorial, New Mexico.—Pub. L. 106–511, title II, Nov. 13, 2000, 114 Stat. 2369; Pub. L. 108–204, title I, §101, Mar. 2, 2004, 118 Stat. 543. |
Buffalo Soldiers Memorial, Louisiana.—Pub. L. 109–152, Dec. 30, 2005, 119 Stat. 2887. |
Chamizal National Memorial, Texas.—Pub. L. 89–479, June 30, 1966, 80 Stat. 232; Pub. L. 94–578, title II, §201(3), Oct. 21, 1976, 90 Stat. 2733. |
Coronado National Memorial, Arizona.—Acts Aug. 18, 1941, ch. 365, §1, 55 Stat. 630, and July 9, 1952, ch. 610, 66 Stat. 510 (16 U.S.C. 450y); Proc. No. 2995, Nov. 5, 1952, 67 Stat. |
Custis-Lee Mansion National Memorial, Virginia.—Transferred to and renamed Arlington House, The Robert E. Lee Memorial. |
David Berger Memorial, Ohio.—Pub. L. 96–199, title I, §116, Mar. 5, 1980, 94 Stat. 71. |
Disabled American Veterans Vietnam Veterans National Memorial, New Mexico.—Recognized as a memorial of national significance by Pub. L. 100–164, Nov. 13, 1987, 101 Stat. 905. |
Distinguished Flying Cross National Memorial, California.—Pub. L. 113–132, July 25, 2014, 128 Stat. 1727. |
El Paso Community Healing Garden National Memorial, Texas.—Pub. L. 117–328, div. DD, title VII, §706, Dec. 29, 2022, 136 Stat. 5619. |
Father Marquette National Memorial, Michigan.—Pub. L. 94–160, Dec. 20, 1975, 89 Stat. 848. |
Federal Hall National Memorial, New York.—Designated May 26, 1939. Designation changed from Federal Hall Memorial Historic Site by act Aug. 11, 1955, ch. 779, §3, 69 Stat. 633. |
Flight 93 National Memorial, Pennsylvania.—Pub. L. 107–226, Sept. 24, 2002, 116 Stat. 1345; Pub. L. 110–161, div. F, title I, §128, Dec. 26, 2007, 121 Stat. 2122. |
Fort Caroline National Memorial, Florida.—Act Sept. 21, 1950, ch. 973, 64 Stat. 897. Established Jan. 16, 1953. |
Franklin Delano Roosevelt National Memorial, District of Columbia.—Acts Aug. 11, 1955, ch. 833, 69 Stat. 694; Sept. 1, 1959, Pub. L. 86–214, 73 Stat. 445; Oct. 18, 1962, Pub. L. 87–842, 76 Stat. 1079; Oct. 30, 1965, Pub. L. 89–305, 79 Stat. 1126; Sept. 8, 1970, Pub. L. 91–398, 84 Stat. 837; June 30, 1972, Pub. L. 92–332, 86 Stat. 401; July 28, 1982, Pub. L. 97–224, 96 Stat. 243; Oct. 1, 1996, Pub. L. 104–221, §§3, 4, 110 Stat. 3024; July 24, 1997, Pub. L. 105–29, 111 Stat. 246; Nov. 14, 1997, Pub. L. 105–83, title III, §335, 111 Stat. 1601. |
Hamilton Grange National Memorial, New York.—Pub. L. 87–438, Apr. 27, 1962, 76 Stat. 57, as amended by Pub. L. 100–701, §1, Nov. 19, 1988, 102 Stat. 4640; Pub. L. 106–482, Nov. 9, 2000, 114 Stat. 2192. |
House Where Lincoln Died National Memorial, District of Columbia.—Act June 11, 1896, ch. 420, 29 Stat. 439. |
Johnstown Flood National Memorial, Pennsylvania.—Pub. L. 88–546, Aug. 31, 1964, 78 Stat. 752; Pub. L. 108–313, Oct. 5, 2004, 118 Stat. 1196. |
Kol Israel Foundation Holocaust National Memorial, Ohio.—Pub. L. 117–328, div. DD, title VII, §701, Dec. 29, 2022, 136 Stat. 5616. |
Lincoln Boyhood National Memorial, Indiana.—Pub. L. 87–407, Feb. 19, 1962, 76 Stat. 9. |
Lincoln Museum National Memorial, District of Columbia.—Act Apr. 7, 1866, ch. 28, §1, 14 Stat. 23. |
Lincoln National Memorial, District of Columbia.—Act Feb. 9, 1911, ch. 42, 36 Stat. 898. |
Medicine Creek Treaty National Memorial, Washington.—Pub. L. 114–101, §3, Dec. 18, 2015, 129 Stat. 2203. |
Memorial to the Victims of the Shooting at the Washington Navy Yard on September 16, 2013, District of Columbia.—Pub. L. 113–291, div. B, title XXVIII, §2853, Dec. 19, 2014, 128 Stat. 3715. |
Military Divers Memorial.—Pub. L. 113–66, div. B, title XXVIII, §2842, Dec. 26, 2013, 127 Stat. 1024. |
Mount Rushmore National Memorial, South Dakota.—Act Feb. 25, 1929, ch. 315, 45 Stat. 1300. |
Mt. Soledad Veterans Memorial, California.—Pub. L. 108–447, div. J, title I, §116, Dec. 8, 2004, 118 Stat. 3346; Pub. L. 109–272, Aug. 14, 2006, 120 Stat. 770; Pub. L. 109–364, div. A, title X, §1071(d), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 113–291, div. B, title XXVIII, §2852, Dec. 19, 2014, 128 Stat. 3713. |
National D-Day Memorial, Virginia.—Pub. L. 104–201, div. A, title X, §1080, Sept. 23, 1996, 110 Stat. 2670. |
National Fallen Firefighters' Memorial, Maryland.—Pub. L. 101–347, Aug. 9, 1990, 104 Stat. 398. |
National Law Enforcement Officers Memorial, District of Columbia.—Establishment of Maintenance Fund by Pub. L. 104–329, title II, §201, Oct. 20, 1996, 110 Stat. 4011; Pub. L. 109–314, Oct. 6, 2006, 120 Stat. 1739. |
National Medal of Honor Sites.—Pub. L. 106–83, Oct. 28, 1999, 113 Stat. 1293. |
National Memorial to Fallen Educators, Kansas.—Pub. L. 115–169, Apr. 30, 2018, 132 Stat. 1285. |
National Pulse Memorial, Florida.—Pub. L. 117–20, June 25, 2021, 135 Stat. 291. |
National Veterans Memorial and Museum, Ohio.—Pub. L. 115–186, June 21, 2018, 132 Stat. 1487. |
Patrick Henry National Memorial, Virginia.—Pub. L. 99–296, May 12, 1986, 100 Stat. 429. |
Pearl Harbor National Memorial, Hawai'i.—Pub. L. 116–9, title II, §2206(a), Mar. 12, 2019, 133 Stat. 740. |
Port Chicago National Memorial, California.—Pub. L. 102–562, title II, Oct. 28, 1992, 106 Stat. 4235; Pub. L. 111–84, div. B, title XXVIII, §2853(a), Oct. 28, 2009, 123 Stat. 2685. |
Prisoner of War/Missing in Action National Memorial, California.—Pub. L. 108–454, title VI, §601, Dec. 10, 2004, 118 Stat. 3623. |
Richard L. Kohnstamm Memorial Area, Oregon.—Pub. L. 111–11, title I, §1202(b), Mar. 30, 2009, 123 Stat. 1009. |
Saint Francis Dam Disaster National Memorial, California. Pub. L. 116–9, title I, §1111, Mar. 12, 2019, 133 Stat. 611. |
Seabees of the United States Navy Memorial.—Pub. L. 92–422, Sept. 18, 1972, 86 Stat. 678. |
Signers of the Declaration of Independence Memorial, District of Columbia.—Pub. L. 95–260, Apr. 17, 1978, 92 Stat. 197. |
Thomas Jefferson National Memorial, District of Columbia.—Act June 26, 1934, ch. 763, 48 Stat. 1243. |
United States Marine Corps Memorial, Virginia.—Act July 1, 1947, ch. 196, 61 Stat. 242, as amended July 7, 1952, ch. 585, 66 Stat. 441; June 16, 1953, ch. 120, 67 Stat. 64. |
United States National Civil Defense Monument, Maryland.—Authorized by Pub. L. 106–103, Nov. 13, 1999, 113 Stat. 1482. |
United States Navy Memorial, District of Columbia.—Pub. L. 96–199, title I, §113, Mar. 5, 1980, 94 Stat. 70. |
U.S.S. Indianapolis Memorial, Indiana.—Pub. L. 103–160, div. A, title XI, §1165, Nov. 30, 1993, 107 Stat. 1765. |
USS Oklahoma Memorial, Hawaii.—Pub. L. 109–163, div. A, title X, §1017, Jan. 6, 2006, 119 Stat. 3425. |
Vietnam Veterans Memorial, District of Columbia.—Pub. L. 96–297, July 1, 1980, 94 Stat. 827; Pub. L. 106–214, §1, June 15, 2000, 114 Stat. 335; Pub. L. 108–126, title I, §101, Nov. 17, 2003, 117 Stat. 1348; Pub. L. 111–270, §1, Oct. 12, 2010, 124 Stat. 2851; Pub. L. 112–74, div. E, title IV, §420, Dec. 23, 2011, 125 Stat. 1045; Pub. L. 113–21, July 18, 2013, 127 Stat. 490. |
Washington Monument National Memorial, District of Columbia.—Act Aug. 2, 1876, ch. 250, §1, 19 Stat. 123. |
White Cross World War I Memorial, California.—Pub. L. 107–117, div. A, title VIII, §8137, Jan. 10, 2002, 115 Stat. 2278; Pub. L. 108–87, title VIII, §8121, Sept. 30, 2003, 117 Stat. 1100. |
World War II Memorial, Guam.—Pub. L. 106–398, §1 [div. B, title XXVIII, §2886], Oct. 30, 2000, 114 Stat. 1654, 1654A–441, as amended by Pub. L. 107–107, div. B, title XXVIII, §2868, Dec. 28, 2001, 115 Stat. 1334. |
Wright Brothers National Memorial, North Carolina.—Kill Devil Hill National Monument authorized by act Mar. 2, 1927, ch. 251, 44 Stat. 1264. Redesignated Wright Brothers National Memorial, Dec. 1, 1953. |
Grants for 9/11 Memorials
Pub. L. 115–413, Jan. 3, 2019, 132 Stat. 5427, provided for competitive grants for operation, security, and maintenance of certain memorials to victims of the terrorist attacks of Sept. 11, 2001, to be used by eligible 501(c)(3) organizations in existence on Jan. 3, 2019, including criteria for awards, requirements for free admission to facilities and allowance of Federal audits of finanacial statements, and reporting requirements.
Albert Einstein Memorial
Pub. L. 95–625, title VI, §612, Nov. 10, 1978, 92 Stat. 3521, as amended by Pub. L. 96–87, title IV, §401(o), Oct. 12, 1979, 93 Stat. 666, authorized conveyance of property to National Academy of Sciences for erection and maintenance of a Memorial to Albert Einstein on south side of Square Numbered 88 between 21st Street, 22d Street, and Constitution Avenue, District of Columbia, with reverter of title when no longer used for memorial purposes or public access is restricted.
§320302. Permits
(a)
(b)
(1) the examination, excavation, or gathering is undertaken for the benefit of a reputable museum, university, college, or other recognized scientific or educational institution, with a view to increasing the knowledge of the objects; and
(2) the gathering shall be made for permanent preservation in a public museum.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3260.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
320302 | 16 U.S.C. 432 (1st sentence). | June 8, 1906, ch. 3060, §3, 34 Stat. 225; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. |
In subsection (a), section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501) was repealed by section 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 676). Section 1 of the Act of August 10, 1956 (70A Stat. 1), enacted Title 10, "Armed Forces", and under sections 3010 to 3013 of title 10, the Department of the Army remains under the administrative supervision of the Secretary of the Army.
§320303. Regulations
The Secretary, the Secretary of Agriculture, and the Secretary of the Army shall make and publish uniform regulations for the purpose of carrying out this chapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3260.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
320303 | 16 U.S.C. 432 (last sentence). | June 8, 1906, ch. 3060, §4, 34 Stat. 225. |