To enact title 54, United States Code, "National Park System", as positive law.

(This measure has not been amended since it was reported to the House on July 31, 2012. The summary of that version is repeated here.)

Enacts title 54 of the United States Code into positive law to be entitled "National Park Service and Related Programs."

Makes conforming changes to existing law and repeals specified provisions of specified laws.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1950 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1950

  To enact title 54, United States Code, ``National Park System'', as 
                             positive law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2011

    Mr. Smith of Texas (for himself and Mr. Conyers) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To enact title 54, United States Code, ``National Park System'', as 
                             positive law.

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

SECTION 1. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

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

SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT.

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

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

  Title 54, United States Code, ``National Park System'', is enacted as 
follows:

                     TITLE 54--NATIONAL PARK SYSTEM



                   Subtitle I--National Park Service



          DIVISION A--ESTABLISHMENT AND GENERAL ADMINISTRATION

Chap.                                                               Sec.

General Provisions...............................................1001.01

Establishment, Directors, and Other Employees....................1003.01

Planning and Development.........................................1005.01

Management.......................................................1007.01

Administration...................................................1009.01

Donations........................................................1011.01

Employees........................................................1013.01

Transportation...................................................1015.01

Financial Agreements.............................................1017.01

Concessions......................................................1019.01

Privileges, Rentals, Leases, and Permits.........................1021.01

System Unit Resource Protection..................................1023.01

Volunteers in Parks Programs.....................................1025.01

Museums..........................................................1027.01

Law Enforcement and Emergency Assistance.........................1029.01

Mining Activity Within System Units..............................1031.01

Land Transfers...................................................1033.01

Appropriations and Accounting....................................1035.01

National Military Parks..........................................1037.01

Miscellaneous....................................................1039.01


                DIVISION B--OUTDOOR RECREATION PROGRAMS

Coordination of Programs.........................................1051.01

Land and Water Conservation Fund.................................1053.01

Urban Park and Recreation Recovery Program.......................1055.01


               DIVISION C--SYSTEM UNITS AND RELATED AREAS

                               [RESERVED]

    Subtitle II--Historic Sites, Buildings, Objects, and Antiquities



                     DIVISION A--GENERAL PROVISIONS

Policy and Administrative Provisions.............................2001.01

Definitions......................................................2003.01


                   DIVISION B--HISTORIC PRESERVATION

                   Subdivision 1--General Provisions

Findings, Policy, and Definitions................................2011.01


              Subdivision 2--Historic Preservation Program

Definitions......................................................2021.01

National Register of Historic Places.............................2023.01

State Historic Preservation Programs.............................2025.01

Certification of Local Governments...............................2027.01

Historic Properties of Indian Tribes.............................2029.01

Grants...........................................................2031.01


            Subdivision 3--Other Organizations and Programs

Advisory Council on Historic Preservation........................2041.01

Historic Light Station Preservation..............................2043.01

National Center for Preservation Technology and Training.........2045.01


                Subdivision 4--Federal Responsibilities

Historic Properties..............................................2051.01

Undertakings.....................................................2053.01

Financing........................................................2055.01


                      Subdivision 5--Miscellaneous

Miscellaneous....................................................2061.01


                 DIVISION C--ORGANIZATIONS AND PROGRAMS

National Trust for Historic Preservation in the United States....2071.01

Commission for the Preservation of America's Heritage Abroad.....2073.01

American Battlefield Protection Program..........................2075.01

National Underground Railroad Network to Freedom.................2077.01

National Women's Rights History Project..........................2079.01

Preservation of Historical and Archaeological Data...............2081.01

National Maritime Heritage.......................................2083.01

Preserve America Program.........................................2085.01

Save America's Treasures Program.................................2087.01

Commemoration of Former Presidents...............................2089.01


                    DIVISION D--AMERICAN ANTIQUITIES

Monuments, Ruins, Sites, and Objects of Antiquity................2201.01


                   Subtitle I--National Park Service

          DIVISION A--ESTABLISHMENT AND GENERAL ADMINISTRATION

                    CHAPTER 1001--GENERAL PROVISIONS

Sec.
1001.01.  Findings and purpose.
1001.02.  Definitions.
Sec. 1001.01. Findings and purpose
  (a) Findings.--Congress declares that--
          (1) 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;
          (2) 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;
          (3) individually and collectively, these areas derive 
        increased national dignity and recognition of their superb 
        environmental quality through their inclusion jointly with each 
        other in the System preserved and managed for the benefit and 
        inspiration of all the people of the United States; and
          (4) it is the purpose of this section and sections 1005.01 
        and 1009.11 of this title to include all these areas in the 
        System and to clarify the authorities applicable to the System.
  (b) Purpose.--Congress directs that the promotion and regulation of 
the various System units shall be consistent with and founded in the 
purpose established by section 1003.01(b) of this title, to the common 
benefit of all the people of the United States. The authorization of 
activities shall be construed and the protection, management, and 
administration of the System units shall be conducted in light of the 
high public value and integrity of the System and shall not be 
exercised in derogation of the values and purposes for which these 
various areas have been established, except as directly and 
specifically provided by Congress.
Sec. 1001.02. Definitions
  In this title:
          (1) Director.--The term ``Director'' means the Director of 
        the National Park Service.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) Service.--The term ``Service'' means the National Park 
        Service.
          (4) System.--The term ``System'' means the areas of land and 
        water described in section 1005.01 of this title.
          (5) System unit.--The term ``System unit'' means one of the 
        areas described in section 1005.01 of this title.

      CHAPTER 1003--ESTABLISHMENT, DIRECTORS, AND OTHER EMPLOYEES

Sec.
1003.01.  Establishment and purpose.
1003.02.  Directors and other employees.
1003.03.  Effect on other laws.
Sec. 1003.01. Establishment and purpose
  (a) Establishment.--There is in the Department of the Interior a 
service to be called the National Park Service.
  (b) Purpose.--The Secretary shall promote and regulate the use of the 
System by means and measures that conform to the fundamental purpose of 
the System units, which purpose is to conserve the scenery and the 
natural and historic objects and the wildlife in, and to provide for 
the enjoyment of, the System units in the manner and by the means that 
will leave them unimpaired for the enjoyment of future generations.
Sec. 1003.02. Directors and other employees
  (a) Director.--
          (1) Appointment.--The Service shall be under the charge of a 
        director who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
          (2) Qualifications.--The Director shall have substantial 
        experience and demonstrated competence in land management and 
        natural or cultural resource conservation.
          (3) Authority.--Under the direction of the Secretary, the 
        Director shall have the supervision, management, and control of 
        System units. In the supervision, management, and control of 
        System units contiguous to national forests the Secretary of 
        Agriculture may cooperate with the Service to such extent as 
        may be requested by the Secretary.
  (b) Deputy Directors.--The Director shall select 2 Deputy Directors. 
The first Deputy Director shall have responsibility for Service 
operations, and the second Deputy Director shall have responsibility 
for other programs assigned to the Service.
  (c) Other Employees.--The Service shall have such subordinate 
officers, clerks, and employees as may be appropriated for by Congress.
Sec. 1003.03. Effect on other laws
  This chapter and sections 1009.01(a), 1009.06, 1021.01, and 1021.02 
of this title do not affect or modify the Act of February 15, 1901 (16 
U.S.C. 79).

                 CHAPTER 1005--PLANNING AND DEVELOPMENT

Sec.
1005.01.  Areas included in System.
1005.02.  Study and planning of park, parkway, and recreational-area 
          facilities.
1005.03.  System development program.
1005.04.  Periodic review of System.
1005.05.  Boundary changes of System units.
1005.06.  Additional areas for System.
Sec. 1005.01. Areas included in System
  The System shall include any area of land and water administered by 
the Secretary through the Service for park, monument, historic, 
parkway, recreational, or other purposes.
Sec. 1005.02. Study and planning of park, parkway, and recreational-
                    area facilities
  (a) In General.--
          (1) Definition.--In this subsection, the term ``State'' 
        includes Puerto Rico, Guam, the Virgin Islands, and the 
        District of Columbia.
          (2) Study.--The Secretary shall cause the Service to make a 
        comprehensive study, other than on land under the jurisdiction 
        of the Secretary of Agriculture, of the public park, parkway, 
        and recreational area programs of the United States, States, 
        and political subdivisions of States and of areas of land 
        throughout the United States that are or may be chiefly 
        valuable as public park, parkway, or recreational areas. A 
        study shall not be made in any State without the consent and 
        approval of the State officials, boards, or departments having 
        jurisdiction over the land. The study shall be such as, in the 
        judgment of the Secretary, will provide data helpful in 
        developing a plan for coordinated and adequate public park, 
        parkway, and recreational-area facilities for the people of the 
        United States.
          (3) Cooperation and agreements with other entities.--In 
        making the study and to accomplish the purposes of this 
        section, the Secretary, through the Service--
                  (A) shall seek and accept the cooperation and 
                assistance of Federal departments or agencies having 
                jurisdiction of land belonging to the United States; 
                and
                  (B) may cooperate and make agreements with and seek 
                and accept the assistance of--
                          (i) other Federal agencies and 
                        instrumentalities; and
                          (ii) States, political subdivisions of 
                        States, and agencies and instrumentalities of 
                        either of them.
          (4) State planning.--For the purpose of developing 
        coordinated and adequate public park, parkway, and 
        recreational-area facilities for the people of the United 
        States, the Secretary may aid States and political subdivisions 
        of States in planning public park, parkway, and recreational-
        areas and in cooperating with one another to accomplish these 
        ends. Aid shall be made available through the Service acting in 
        cooperation with such State agencies or agencies of political 
        subdivisions of States as the Secretary considers best.
  (b) Consent of Congress to Agreements Between States.--The consent of 
Congress is given to any 2 or more States to negotiate and enter into 
compacts or agreements with one another with reference to planning, 
establishing, developing, improving, and maintaining any park, parkway, 
or recreational area. No compact or agreement shall be effective until 
approved by the legislatures of the States that are parties to the 
compact or agreement and by Congress.
Sec. 1005.03. System development program
  General management plans for the preservation and use of each System 
unit, including areas within the national capital area, shall be 
prepared and revised in a timely manner by the Director. On January 1 
of each year, the Secretary shall submit to Congress a list indicating 
the current status of completion or revision of general management 
plans for each System unit. General management plans for each System 
unit shall include--
          (1) measures for the preservation of the area's resources;
          (2) indications of types and general intensities of 
        development (including visitor circulation and transportation 
        patterns, systems, and modes) associated with public enjoyment 
        and use of the area, including general locations, timing of 
        implementation, and anticipated costs;
          (3) identification of and implementation commitments for 
        visitor carrying capacities for all areas of the System unit; 
        and
          (4) indications of potential modifications to the external 
        boundaries of the System unit, and the reasons for the 
        modifications.
Sec. 1005.04. Periodic review of System
  (a) Authority of Secretary To Conduct Review.--The Secretary shall 
conduct a systematic and comprehensive review of certain aspects of the 
System and on a periodic basis (but not less often than every 3 years) 
submit to the Committee on Natural Resources and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Energy and Natural Resources and the Committee on Appropriations of the 
Senate a report on the findings of the review, together with 
recommendations as the Secretary determines to be necessary.
  (b) Consultation.--In conducting and preparing the report, the 
Secretary shall consult with appropriate officials of affected Federal, 
State, and local agencies and national, regional, and local 
organizations. The consultation shall include holding public hearings 
that the Secretary determines to be appropriate to provide a full 
opportunity for public comment.
  (c) Contents of report.--The report shall contain the following:
          (1) A comprehensive listing of all authorized but unacquired 
        parcels of land within the exterior boundaries of each System 
        unit as of November 28, 1990.
          (2) A priority listing of all those unacquired parcels by 
        System unit and for the System as a whole. The list shall 
        describe the acreage and ownership of each parcel, the 
        estimated cost of acquisition for each parcel (subject to any 
        statutory acquisition limitations for the land), and the basis 
        for the estimate.
          (3) An analysis and evaluation of the current and future 
        needs of each System unit for resource management, 
        interpretation, construction, operation and maintenance, 
        personnel, and housing, together with an estimate of the costs.
Sec. 1005.05. Boundary changes of System units
  (a) Criteria for Evaluation.--The Secretary shall maintain criteria 
to evaluate any proposed changes to the boundaries of System units, 
including--
          (1) analysis of whether or not an existing boundary provides 
        for the adequate protection and preservation of the natural, 
        historic, cultural, scenic and recreational resources integral 
        to the System unit;
          (2) an evaluation of each parcel proposed for addition or 
        deletion to a System unit based on the analysis under paragraph 
        (1); and
          (3) an assessment of the impact of potential boundary 
        adjustments taking into consideration the factors in section 
        1005.04(c)(3) of this title and the effect of the adjustments 
        on the local communities and surrounding area.
  (b) Proposal of Secretary.--In proposing a boundary change to a 
System unit, the Secretary shall--
          (1) consult with affected agencies of State and local 
        governments, surrounding communities, affected landowners, and 
        private national, regional, and local organizations;
          (2) apply the criteria developed pursuant to subsection (a) 
        and accompany the proposal with a statement reflecting the 
        results of the application of the criteria; and
          (3) include with the proposal an estimate of the cost for 
        acquiring any parcels proposed for acquisition, the basis for 
        the estimate, and a statement on the relative priority for the 
        acquisition of each parcel within the priorities for 
        acquisition of other parcels for the System unit and for the 
        System.
Sec. 1005.06. Additional areas for System
  (a) Monitoring Areas for Inclusion in System.--The Secretary shall 
investigate, study, and continually monitor the welfare of areas whose 
resources exhibit qualities of national significance and that may have 
potential for inclusion in the System.
  (b) Submission of List of Areas Recommended for Study for Potential 
Inclusion.--
          (1) When list is to be submitted.--At the beginning of each 
        calendar year, with the annual budget submission, the Secretary 
        shall submit to the Committee on Natural Resources of the House 
        of Representatives and the Committee on Energy and Natural 
        Resources of the Senate a list of areas recommended for study 
        for potential inclusion in the System.
          (2) Factors to be considered.--In developing the list to be 
        submitted under this subsection, the Secretary shall consider--
                  (A) the areas that have the greatest potential to 
                meet the established criteria of national significance, 
                suitability, and feasibility;
                  (B) themes, sites, and resources not already 
                adequately represented in the System; and
                  (C) public petitions and Congressional resolutions.
          (3) Accompanying synopsis.--Accompanying the annual listing 
        of areas shall be a synopsis, for each report previously 
        submitted, of the current and changed condition of the resource 
        integrity of the area and other relevant factors, compiled as a 
        result of continual periodic monitoring and embracing the 
        period since the previous submission or initial report 
        submission one year earlier.
          (4) Congressional authorization required.--No study of the 
        potential of an area for inclusion in the System may be 
        initiated except as provided by specific authorization of an 
        Act of Congress.
          (5) Authority to conduct certain activities not limited.--
        This section and sections 1009.02(1), 1017.02(b) and (c), and 
        1021.03 of this title do not limit the authority of the Service 
        to conduct preliminary resource assessments, gather data on 
        potential study areas, provide technical and planning 
        assistance, prepare or process nominations for administrative 
        designations, update previous studies, or complete 
        reconnaissance surveys of individual areas requiring a total 
        expenditure of less than $25,000.
          (6) Study of rivers or trails not affected.--This section 
        does not apply to or affect or alter the study of--
                  (A) any river segment for potential addition to the 
                national wild and scenic rivers system; or
                  (B) any trail for potential addition to the national 
                trails system.
  (c) Study of Areas for Potential Inclusion.--
          (1) Study to be completed within 3 years.--The Secretary 
        shall complete the study for each area for potential inclusion 
        in the System within 3 complete fiscal years following the date 
        on which funds are first made available for that purpose.
          (2) Opportunity for public involvement required.--Each study 
        under this section shall be prepared with appropriate 
        opportunity for public involvement, including at least one 
        public meeting in the vicinity of the area under study, and 
        after reasonable efforts to notify potentially affected 
        landowners and State and local governments.
          (3) Considerations.--In conducting the study, the Secretary 
        shall consider whether the area under study--
                  (A) possesses nationally significant natural or 
                cultural resources and represents one of the most 
                important examples of a particular resource type in the 
                country; and
                  (B) is a suitable and feasible addition to the 
                System.
          (4) Scope of study.--Each study--
                  (A) with regard to the area being studied, shall 
                consider--
                          (i) the rarity and integrity of the 
                        resources;
                          (ii) the threats to those resources;
                          (iii) whether similar resources are already 
                        protected in the System or in other public or 
                        private ownership;
                          (iv) the public use potential;
                          (v) the interpretive and educational 
                        potential;
                          (vi) costs associated with acquisition, 
                        development, and operation;
                          (vii) the socioeconomic impacts of any 
                        designation;
                          (viii) the level of local and general public 
                        support; and
                          (ix) whether the area is of appropriate 
                        configuration to ensure long-term resource 
                        protection and visitor use;
                  (B) shall consider whether direct Service management 
                or alternative protection by other public agencies or 
                the private sector is appropriate for the area;
                  (C) shall identify what alternative or combination of 
                alternatives would in the professional judgment of the 
                Director be most effective and efficient in protecting 
                significant resources and providing for public 
                enjoyment; and
                  (D) may include any other information that the 
                Secretary considers to be relevant.
          (5) Compliance with national environmental policy act of 
        1969.--Each study shall be completed in compliance with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
          (6) Recommendation of preferred management option.--The 
        letter transmitting each completed study to Congress shall 
        contain a recommendation regarding the Secretary's preferred 
        management option for the area.
  (d) List of Areas Previously Studied.--
          (1) When list is to be submitted.--At the beginning of each 
        calendar year, with the annual budget submission, the Secretary 
        shall submit to the Committee on Natural Resources of the House 
        of Representatives and the Committee on Energy and Natural 
        Resources of the Senate, in numerical order of priority for 
        addition to the System--
                  (A) a list of areas that have been previously studied 
                that contain primarily historical resources; and
                  (B) a list of areas that have been previously studied 
                that contain primarily natural resources.
          (2) Considerations.--In developing the lists, the Secretary 
        should consider threats to resource values, cost escalation 
        factors, and other factors listed in subsection (c).
          (3) Areas eligible for inclusion.--The Secretary should 
        include on the lists only areas for which the supporting data 
        are current and accurate.
  (e) List of Areas That Exhibit Danger or Threats to the Integrity of 
Their Resources.--At the beginning of each fiscal year, the Secretary 
shall submit to the Speaker of the House of Representatives and the 
President of the Senate a complete and current list of all areas listed 
on the Registry of Natural Landmarks, and areas of national 
significance listed on the National Register of Historic places, that 
exhibit known or anticipated damage or threats to the integrity of 
their resources, with notations as to the nature and severity of the 
damage or threats.
  (f) Reports and Listings Printed as House Documents.--Each report and 
annual listing described in this section shall be printed as a House 
document. If adequate supplies of previously printed identical reports 
remain available, newly submitted identical reports shall be omitted 
from printing on receipt by the Speaker of the House of Representatives 
of a joint letter from the chairman of the Committee on Natural 
Resources of the House of Representatives and the chairman of the 
Committee on Energy and Natural Resources of Senate indicating that to 
be the case.
  (g) Designation of Office.--The Secretary shall designate a single 
office to prepare all new area studies and to implement other functions 
under this section.
  (h) Authorization of Appropriations.--
          (1) Studies of potential new system units and monitoring the 
        welfare of system unit resources.--To carry out studies for 
        potential new System units and for monitoring the welfare of 
        historical and natural resources referred to in subparagraphs 
        (A) and (B) of subsection (d)(1), there is authorized to be 
        appropriated not to exceed $1,000,000 for each fiscal year.
          (2) Monitoring welfare and integrity of national landmarks.--
        To monitor the welfare and integrity of the national landmarks, 
        there is authorized to be appropriated not to exceed $1,500,000 
        for each fiscal year.
          (3) Carrying out subsections (b), (c), and (g).--To carry out 
        subsections (b), (c), and (g), there is authorized to be 
        appropriated $2,000,000 for each fiscal year.

                        CHAPTER 1007--MANAGEMENT

                        Subchapter I--Maintenance

Sec.
1007.01.  Maintenance management system.

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

1007.11.  Protection, interpretation, and research in System.
1007.12.  Service employee training.
1007.13.  Management development and training.
1007.14.  System unit accountability and budgets.

        Subchapter III--System Resource Inventory and Management

1007.21.  Purposes.
1007.22.  Research mandate.
1007.23.  Cooperative agreements.
1007.24.  Inventory and monitoring program.
1007.25.  Availability of System units for scientific study.
1007.26.  Integration of study results into management decisions.
1007.27.  Confidentiality of information.

                       Subchapter I--Maintenance

Sec. 1007.01. 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.

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

Sec. 1007.11. Protection, interpretation, and research in System
  Recognizing the ever increasing societal pressures being placed upon 
America's unique natural and cultural resources contained in the 
System, the Secretary shall continually improve the ability of the 
Service to provide state-of-the-art management, protection, and 
interpretation of, and research on, the resources of the System.
Sec. 1007.12. Service employee training
  The Secretary shall develop a comprehensive training program for 
employees in all professional careers in the workforce of the Service 
for the purpose of ensuring that the workforce has available the best, 
up-to-date knowledge, skills, and abilities with which to manage, 
interpret, and protect the resources of the System.
Sec. 1007.13. 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.
Sec. 1007.14. System unit accountability and budgets
  (a) Strategic and Performance Plans.--Each System unit shall prepare 
and make available to the public a 5-year strategic plan and an annual 
performance plan. The plans shall reflect the Service policies, goals, 
and outcomes represented in the Service-wide strategic plan prepared 
pursuant to section 306 of title 5.
  (b) Annual Budget.--
          (1) In general.--As a part of the annual performance plan for 
        a System unit prepared pursuant to subsection (a), following 
        receipt of the appropriation for the unit from the Operations 
        of the National Park System account (but not later than January 
        1 of each year), the superintendent of the System unit shall 
        develop and make available to the public the budget for the 
        current fiscal year for that System unit.
          (2) Contents.--The budget shall include--
                  (A) funding allocations for resource preservation 
                (including resource management), visitor services 
                (including maintenance, interpretation, law 
                enforcement, and search and rescue), and 
                administration; and
                  (B) allocations into each of the categories in 
                subparagraph (A) of all funds retained from fees 
                collected for that year, including special use permits, 
                concession franchise fees, and recreation use and 
                entrance fees.

        Subchapter III--System Resource Inventory and Management

Sec. 1007.21. Purposes
  The purposes of this subchapter are--
          (1) to more effectively achieve the mission of the Service;
          (2) to enhance management and protection of System resources 
        by providing clear authority and direction for the conduct of 
        scientific study in the System and to use the information 
        gathered for management purposes;
          (3) to ensure appropriate documentation of resource 
        conditions in the System;
          (4) to encourage others to use the System for study to the 
        benefit of System management as well as broader scientific 
        value, where such study is consistent with chapter 1003 and 
        sections 1009.01(a), 1009.06, 1021.01, and 1021.02 of this 
        title; and
          (5) to encourage the publication and dissemination of 
        information derived from studies in the System.
Sec. 1007.22. Research mandate
  The Secretary shall ensure that management of System units is 
enhanced by the availability and utilization of a broad program of the 
highest quality science and information.
Sec. 1007.23. Cooperative agreements
  The Secretary shall enter into cooperative agreements with colleges 
and universities, including land grant schools, in partnership with 
other Federal and State agencies, to establish cooperative study units 
to conduct multi-disciplinary research and develop integrated 
information products on the resources of the System, or the larger 
region of which System units are a part.
Sec. 1007.24. Inventory and monitoring program
  The Secretary shall undertake a program of inventory and monitoring 
of System resources to establish baseline information and to provide 
information on the long-term trends in the condition of System 
resources. The monitoring program shall be developed in cooperation 
with other Federal monitoring and information collection efforts to 
ensure a cost-effective approach.
Sec. 1007.25. Availability of System units for scientific study
  (a) In General.--The Secretary may solicit, receive, and consider 
requests from Federal or non-Federal public or private agencies, 
organizations, individuals, or other entities for the use of any System 
unit for purposes of scientific study.
  (b) Criteria.--A request for use of a System unit under subsection 
(a) may be approved if the Secretary determines that the proposed 
study--
          (1) is consistent with applicable laws and Service management 
        policies; and
          (2) will be conducted in such a manner as to pose no threat 
        to the System unit resources or public enjoyment derived from 
        System unit resources.
  (c) Fee Waiver.--The Secretary may waive any System unit admission or 
recreational use fee in order to facilitate the conduct of scientific 
study under this section.
  (d) Benefit-Sharing Arrangements.--The Secretary may enter into 
equitable, efficient benefit-sharing arrangements with the research 
community and private industry.
Sec. 1007.26. Integration of study results into management decisions
  The Secretary shall take such measures as are necessary to ensure the 
full and proper utilization of the results of scientific study for 
System unit management decisions. In each case in which an action 
undertaken by the Service may cause a significant adverse effect on a 
System unit resource, the administrative record shall reflect the 
manner in which System unit resource studies have been considered. The 
trend in the condition of resources of the System shall be a 
significant factor in the annual performance evaluation of each 
superintendent of a System unit.
Sec. 1007.27. 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.

                      CHAPTER 1009--ADMINISTRATION

Sec.
1009.01.  Regulations.
1009.02.  Authority of Secretary to carry out certain activities.
1009.03.  Central warehouses at System units.
1009.04.  Services or other accommodations for public.
1009.05.  Care, removal, and burial of indigents.
1009.06.  Destruction of animals and plant life.
1009.07.  Hire of work animals, vehicles, and equipment with or without 
          personal services.
1009.08.  Preparation of mats for reproduction of photographs.
1009.09.  Advisory committees.
1009.10.  Relinquishment of legislative jurisdiction.
1009.11.  Applicability of other laws.
Sec. 1009.01. Regulations
  (a) Use and Management of System Units.--The Secretary shall make 
such regulations as the Secretary considers necessary or proper for the 
use and management of System units. A person that violates any 
regulation authorized by this subsection and chapter 1003 and sections 
1009.06, 1021.01, and 1021.02 of this title shall be fined under title 
18, imprisoned not more than 6 months, or both, and be adjudged to pay 
all cost of the proceedings.
  (b) Boating and Other Activities on or Relating to Bodies of Water.--
To facilitate the administration of the System, the Secretary, under 
such terms and conditions as the Secretary considers advisable, may 
prescribe and enforce regulations concerning boating and other 
activities on or relating to bodies of water located within System 
units, including bodies of water subject to the jurisdiction of the 
United States. Any regulation adopted pursuant to this subsection shall 
be complementary to, and not in derogation of, the authority of the 
Coast Guard to regulate the use of bodies of water subject to the 
jurisdiction of the United States.
Sec. 1009.02. Authority of Secretary to carry out certain activities
  To facilitate the administration of the System, the Secretary, under 
such terms and conditions as the Secretary may consider advisable, may 
carry out the following activities:
          (1) Services, resources, or water contracts.--The Secretary 
        may enter into contracts that provide for the sale or lease to 
        persons, States, or political subdivisions of States, of 
        services, resources, or water available within a System unit, 
        as long as the activity does not jeopardize or unduly interfere 
        with the primary natural or historic resource of the System 
        unit, if the person, State, or political subdivision--
                  (A) provides public accommodations or services within 
                the immediate vicinity of the System unit to 
                individuals visiting the System unit; and
                  (B) demonstrates to the Secretary that there are no 
                reasonable alternatives by which to acquire or perform 
                the necessary services, resources, or water.
          (2) Vehicular air conditioning.--The Secretary may acquire, 
        and have installed, air conditioning units for any Government-
        owned passenger motor vehicles used by the Service, where 
        assigned duties necessitate long periods in automobiles or in 
        regions of the United States where high temperatures and 
        humidity are common and prolonged.
          (3) Utility facilities.--The Secretary may erect and maintain 
        fire protection facilities, water lines, telephone lines, 
        electric lines, and other utility facilities adjacent to any 
        System unit, where necessary, to provide service in the System 
        unit.
          (4) Supplies and rental of equipment.--The Secretary may 
        furnish, on a reimbursement of appropriation basis, supplies, 
        and rent equipment, to persons and agencies that, in 
        cooperation with and subject to the approval of the Secretary, 
        render services or perform functions that facilitate or 
        supplement the activities of the Department of the Interior in 
        the administration of the System. The reimbursements may be 
        credited to the appropriation current at the time 
        reimbursements are received.
          (5) Contracts for utility facilities.--The Secretary may 
        contract, under terms and conditions that the Secretary 
        considers to be in the interest of the Federal Government, for 
        the sale, operation, maintenance, repair, or relocation of 
        Government-owned electric and telephone lines and other utility 
        facilities used for the administration and protection of the 
        System, regardless of whether the lines and facilities are 
        located within or outside the System.
          (6) Rights-of-way.--The Secretary may acquire--
                  (A) rights-of-way as may be necessary to construct, 
                improve, and maintain roads within the authorized 
                boundaries of any System unit; and
                  (B) land and interests in land adjacent to the 
                rights-of-way, when--
                          (i) 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
                          (ii) the acquisition of adjacent residual 
                        tracts, which otherwise would remain after 
                        acquiring the rights-of-way, would be in the 
                        public interest.
          (7) Operation and maintenance of motor and other equipment.--
                  (A) In general.--The Secretary may operate, repair, 
                maintain, and replace motor and other equipment on a 
                reimbursable basis when the equipment is used on 
                Federal projects of the System, chargeable to other 
                appropriations, or on work of other Federal agencies, 
                when requested by the agencies.
                  (B) Reimbursement.--Reimbursement shall be--
                          (i) 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
                          (ii) credited to appropriations currently 
                        available at the time adjustment is effected.
                  (C) Rental of equipment for fire control purposes.--
                The Secretary may rent equipment for fire control 
                purposes to State, county, private, or other non-
                Federal agencies that cooperate with the Secretary in 
                the administration of the System and other areas in 
                fire control. The rental shall be under the terms of 
                written cooperative agreements. The amount collected 
                for the rentals shall be credited to appropriations 
                currently available at the time payment is received.
Sec. 1009.03. Central warehouses at System units
  (a) Authority of Secretary.--The Secretary, in the administration of 
the System, may maintain central warehouses at System units.
  (b) Appropriations.--
          (1) Availability.--Appropriations made for the 
        administration, protection, maintenance, and improvement of 
        System units shall be available for the purchase of supplies 
        and materials to be kept in central warehouses for distribution 
        at cost, including transportation and handling, to projects 
        under specific appropriations.
          (2) Transfers between appropriations.--
                  (A) Authorization.--Transfers between the various 
                appropriations made for System units are authorized for 
                the purpose of charging the cost of supplies and 
                materials, including transportation and handling, drawn 
                from central warehouses maintained under this authority 
                to the particular appropriation benefited.
                  (B) Availability of supplies and materials and 
                transfers in subsequent years.--Supplies and materials 
                that remain at the end of any fiscal year shall be 
                continuously available for issuance during subsequent 
                fiscal years and shall be charged for by transfers of 
                funds between appropriations made for the 
                administration, protection, maintenance, and 
                improvement of System units for the fiscal year then 
                current without decreasing the appropriations made for 
                that fiscal year.
  (c) Limitation on Purchase of Supplies and Materials.--Supplies and 
materials shall not be purchased solely for the purpose of increasing 
the value of storehouse stock beyond reasonable requirements for any 
current fiscal year.
Sec. 1009.04. Services or other accommodations for public
  The Secretary may contract for services or other accommodations 
provided in System units for the public under contract with the 
Department of the Interior, as may be required in the administration of 
the Service, at rates approved by the Secretary for the furnishing of 
those services or accommodations to the Federal Government and without 
compliance with section 6101 of title 41.
Sec. 1009.05. Care, removal, and burial of indigents
  The Secretary may provide, out of amounts appropriated for the 
general expenses of System units, for the temporary care and removal 
from a System unit of indigents, and in case of death to provide for 
their burial in System units not under local jurisdiction for these 
purposes. This section does not authorize transportation of indigents 
or deceased for a distance of more than 50 miles from the System unit.
Sec. 1009.06. Destruction of animals and plant life
  The Secretary may provide for the destruction of such animals and 
plant life as may be detrimental to the use of any System unit.
Sec. 1009.07. Hire of work animals, vehicles, and equipment with or 
                    without personal services
  The Secretary may hire, with or without personal services, work 
animals and animal-drawn and motor-propelled vehicles and equipment at 
rates to be approved by the Secretary and without compliance with 
section 6101 of title 41.
Sec. 1009.08. Preparation of mats for reproduction of photographs
  The Secretary shall have prepared mats that may be used for the 
reproduction in magazines and newspapers of photographs of scenery in a 
System unit that, in the opinion of the Secretary, would be of interest 
to the people of the United States and foreign nations. The mats may be 
furnished, without charge and under regulations the Secretary may 
prescribe, to the publishers of magazines, newspapers, and any other 
publications that may carry photographic reproductions.
Sec. 1009.09. Advisory committees
  (a) Establishment.--To facilitate the administration of the System, 
the Secretary, under such terms and conditions as the Secretary may 
consider advisable, may appoint and establish such advisory committees 
in regard to the functions of the Service as the Secretary considers 
advisable.
  (b) Charter Exception.--Section 14(b) of the Federal Advisory 
Committee Act (5 U.S.C. App.) is waived with respect to any advisory 
commission or advisory committee established by law in connection with 
any System unit during the period for which the commission or committee 
is authorized by law.
  (c) Service of Members.--Any member of any advisory commission or 
advisory committee established in connection with any System unit may 
serve after the expiration of the member's term until a successor is 
appointed.
  (d) Compensation and Travel Expenses.--Members of an advisory 
committee established under subsection (a) shall receive no 
compensation for their services as such but shall be allowed necessary 
travel expenses as authorized by section 5703 of title 5.
Sec. 1009.10. Relinquishment of legislative jurisdiction
  (a) In General.--Notwithstanding any other provision of law, the 
Secretary may relinquish to a State or a territory or possession of the 
United States part of the legislative jurisdiction of the United States 
over System land or interests in land in that State, territory, or 
possession. Relinquishment may be accomplished--
          (1) by filing with the chief executive officer of the State, 
        territory, or possession a notice of relinquishment to take 
        effect on acceptance; or
          (2) as the laws of the State, territory, or possession may 
        otherwise provide.
  (b) Submission of Agreement to Congress.--Prior to consummating a 
relinquishment under subsection (a), the Secretary shall submit the 
proposed agreement to the Committee on Energy and Natural Resources of 
the Senate and the Committee on Natural Resources of the House of 
Representatives. The Secretary shall not finalize the agreement until 
60 calendar days after the submission has elapsed.
  (c) Concurrent Legislative Jurisdiction.--The Secretary shall 
diligently pursue the consummation of arrangements with each State, 
territory, or possession within which a System unit is located so that 
insofar as practicable the United States shall exercise concurrent 
legislative jurisdiction within System units.
Sec. 1009.11. Applicability of other laws
  (a) In General.--This section and sections 1005.01, 1009.02(3) to 
(7), 1013.01(1)(B), 1019.01(2), and 1029.11 of this title, and the 
various authorities relating to the administration and protection of 
System units, including the provisions of law listed in subsection (b), 
shall, to the extent that those provisions are not in conflict with any 
such specific provision, be applicable to System units, and any 
reference in any of these provisions to a System unit does not limit 
those provisions to that System unit.
  (b) Applicable Provisions.--The provisions of law referred to in 
subsection (a) are--
          (1) chapter 1003, sections 1009.01(a), 1009.04 to 1009.06, 
        1011.01, 1011.02, 1015.11, 1021.01, 1021.02, 1029.12, and 
        1033.01, and chapter 1053 of this title;
          (2) the Act of March 4, 1911 (43 U.S.C. 961); and
          (3) chapter 2001 of this title.

                        CHAPTER 1011--DONATIONS

                  Subchapter I--Authority of Secretary

Sec.
1011.01.  Authority to accept land, rights-of-way, buildings, other 
          property, and money.
1011.02.  Authority to accept and use funds to consolidate Federal land 
          ownership.

                 Subchapter II--National Park Foundation

1011.11.  Purposes and establishment of Foundation.
1011.12.  Board.
1011.13.  Gifts, devises, or bequests.
1011.14.  Dispostion of property or income.
1011.15.  Corporate succession and powers and duties acting as trustee; 
          personal liability for malfeasance.
1011.16.  Corporate powers.
1011.17.  Authority of Board.
1011.18.  Tax exemptions; contributions toward costs of local 
          government; contributions, gifts, or transfers to or for use 
          of United States.
1011.19.  Liability of United States.
1011.20.  Promotion of local fundraising support.

                  Subchapter I--Authority of Secretary

Sec. 1011.01. Authority to accept land, rights-of-way, buildings, other 
                    property, and money
  The Secretary in the administration of the Service may accept--
          (1) patented land, rights-of-way over patented land or other 
        land, buildings, or other property within a System unit; and
          (2) money that may be donated for the purposes of the System.
Sec. 1011.02. Authority to accept and use funds to consolidate Federal 
                    land ownership
  (a) In General.--The Secretary may--
          (1) accept and use funds that may be donated in order to 
        consolidate Federal land ownership within the existing 
        boundaries of any System unit; and
          (2) encourage the donation of funds for that purpose, subject 
        to the condition that donated funds are to be expended for 
        purposes of this section only if Federal funds in an amount 
        equal to the amount of the donated funds are appropriated for 
        the purposes of this section.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated for each fiscal year such amounts as are necessary to 
match funds that are donated for those purposes, not to exceed 
$500,000.
  (c) Limit on Annual Amount.--The amount that may be appropriated 
annually for purposes of this section shall be limited to $500,000.

                Subchapter II--National Park Foundation

Sec. 1011.11. Purpose and establishment of Foundation
  To encourage private gifts of real and personal property, or any 
income from, or other interest in, the property, for the benefit of, or 
in connection with, the Service, its activities, or its services, and 
thereby to further the conservation of natural, scenic, historic, 
scientific, educational, inspirational, or recreational resources for 
future generations of Americans, there is established a charitable and 
nonprofit corporation to be known as the National Park Foundation to 
accept and administer those gifts.
Sec. 1011.12. Board
  (a) Membership.--The National Park Foundation shall consist of a 
Board having as members the Secretary, the Director, ex officio, and no 
fewer than 6 private citizens of the United States appointed by the 
Secretary.
  (b) Term of Office and Vacancies.--The term of the private citizen 
members of the Board is 6 years. If a successor is chosen to fill a 
vacancy occurring prior to the expiration of a term, the successor 
shall be chosen only for the remainder of that term.
  (c) Chairman and Secretary.--The Secretary shall be the Chairman of 
the Board and the Director shall be the Secretary of the Board.
  (d) Board Membership Not an Office.--Membership on the Board shall 
not be an office within the meaning of the statutes of the United 
States.
  (e) Quorum.--A majority of the members of the Board serving at any 
time shall constitute a quorum for the transaction of business.
  (f) Seal.--The National Park Foundation shall have an official seal, 
which shall be judicially noticed.
  (g) Meetings.--The Board shall meet at the call of the Chairman and 
there shall be at least one meeting each year.
  (h) Compensation and Reimbursement.--No compensation shall be paid to 
the members of the Board for their services as members, but they shall 
be reimbursed for actual and necessary traveling and subsistence 
expenses incurred by them in the performance of their duties as members 
out of National Park Foundation funds available to the Board for those 
purposes.
Sec. 1011.13. Gifts, devises, or bequests
   (a) Authority To Accept Gifts, Devises, or Bequests.--
          (1) In general.--The National Park Foundation may accept, 
        receive, solicit, hold, administer, and use any gifts, devises, 
        or bequests, either absolutely or in trust of real or personal 
        property, or any income from, or other interest in, the gift, 
        devise, or bequest, for the benefit of, or in connection with, 
        the Service, its activities, or its services.
          (2) Gift, devise, or bequest that is encumbered, restricted, 
        or subject to beneficial interests.--A gift, devise, or bequest 
        may be accepted by the National Park Foundation even though it 
        is encumbered, restricted, or subject to beneficial interests 
        of private persons if any current or future interest in the 
        gift, devise, or bequest is for the benefit of the Service, its 
        activities, or its services.
  (b) When Gift, Devise, or Bequest May Not Be Accepted.--The National 
Park Foundation may not accept any gift, devise, or bequest that 
entails any expenditure other than from the resources of the 
Foundation.
  (c) Interest in Real Property.--For purposes of this section, an 
interest in real property includes easements or other rights for 
preservation, conservation, protection, or enhancement by and for the 
public of natural, scenic, historic, scientific, educational, 
inspirational, or recreational resources.
Sec. 1011.14. Disposition of property or income
  (a) Authority To Dispose or Deal With Property or Income.--Except as 
otherwise required by the instrument of transfer, the National Park 
Foundation may sell, lease, invest, reinvest, retain, or otherwise 
dispose of or deal with any property or income from the property as the 
Board may determine.
  (b) Restriction.--The National Park Foundation shall not engage in 
any business or make any investment that may not lawfully be made by a 
trust company in the District of Columbia, except that the Foundation 
may make any investment authorized by the instrument of transfer, and 
may retain any property accepted by the Foundation.
  (c) Use of Services and Facilities of the Departments of the Interior 
and Justice.--The National Park Foundation may utilize the services and 
facilities of the Department of the Interior and the Department of 
Justice, and the services and facilities may be made available on 
request to the extent practicable with or without reimbursement. 
Amounts reimbursed to either Department shall be returned by the 
Department to the account from which the funds for which the 
reimbursement is made were drawn and may, without further 
appropriation, be expended for any purpose for which the account is 
authorized.
Sec. 1011.15. Corporate succession and powers and duties acting as 
                    trustee; personal liability for malfeasance
  (a) Perpetual Succession.--The National Park Foundation shall have 
perpetual succession.
  (b) Powers and Duties of Trustee.--The National Park Foundation shall 
have all the usual powers and obligations of a corporation acting as a 
trustee, including the power to sue and to be sued in its own name.
  (c) Personal Liability of Board Members.--The members of the Board 
shall not be personally liable, except for malfeasance.
Sec. 1011.16. Corporate powers
  The National Park Foundation shall have the power to enter into 
contracts, to execute instruments, and generally to do any and all 
lawful acts necessary or appropriate to its purposes.
Sec. 1011.17. Authority of Board
  In carrying out this chapter, the Board may--
          (1) adopt bylaws and regulations necessary for the 
        administration of its functions; and
          (2) contract for any necessary services.
Sec. 1011.18. Tax exemptions; contributions toward costs of local 
                    government; contributions, gifts, or transfers to 
                    or for use of United States
  (a) Tax Exemption.--The National Park Foundation and any income or 
property received or owned by it, and all transactions relating to that 
income or property, shall be exempt from all Federal, State, and local 
taxation.
  (b) Contributions In Lieu of Taxes.--The National Park Foundation, in 
the discretion of its directors, may--
          (1) contribute toward the costs of local government in 
        amounts not in excess of those which it would be obligated to 
        pay that government if it were not exempt from taxation by 
        virtue of subsection (a) or by virtue of its being a charitable 
        and nonprofit corporation; and
          (2) agree to contribute with respect to property transferred 
        to it and the income derived from the property if the agreement 
        is a condition of the transfer.
  (c) Transfers Deemed To Be to or for the Use of United States.--
Contributions, gifts, and other transfers made to or for the use of the 
Foundation shall be deemed to be contributions, gifts, or transfers to 
or for the use of the United States.
Sec. 1011.19. Liability of United States
  The United States shall not be liable for any debts, defaults, acts, 
or omissions of the National Park Foundation.
Sec. 1011.20. Promotion of local fundraising support
  (a) Program.--The National Park Foundation shall design and implement 
a comprehensive program to assist and promote philanthropic programs of 
support at the individual System unit level.
  (b) Implementation.--The program under subsection (a) shall be 
implemented to--
          (1) assist in the creation of local nonprofit support 
        organizations; and
          (2) provide support, national consistency, and management-
        improving suggestions for local nonprofit support 
        organizations.
  (c) Program.--The program under subsection (a)--
          (1) shall include the greatest number of System units as is 
        practicable; and
          (2) at a minimum shall include--
                  (A) a standard adaptable organizational design format 
                to establish and sustain responsible management of a 
                local nonprofit support organization for support of a 
                System unit;
                  (B) standard and legally tenable bylaws and 
                recommended money-handling procedures that can easily 
                be adapted as applied to individual System units; and
                  (C) a standard training curriculum to orient and 
                expand the operating expertise of personnel employed by 
                local nonprofit support organizations.
  (d) Annual Report.--The National Park Foundation shall report the 
progress of the program under subsection (a) in the annual report of 
the Foundation.
  (e) Affiliations.--
          (1) Charter or corporate bylaws.--Nothing in this section 
        requires--
                  (A) a nonprofit support organization or friends group 
                to modify current practices or to affiliate with the 
                National Park Foundation; or
                  (B) a local nonprofit support organization, 
                established as a result of this section, to be bound 
                through its charter or corporate bylaws to be 
                permanently affiliated with the National Park 
                Foundation.
          (2) Establishment.--An affiliation with the National Park 
        Foundation shall be established only at the discretion of the 
        governing board of a nonprofit organization.

                        CHAPTER 1013--EMPLOYEES

                    Subchapter I--General Provisions

Sec.
1013.01.  Authority of Secretary to carry out certain activities.
1013.02.  Medical attention for employees.
1013.03.  Personal equipment and property.
1013.04.  Travel expenses of System employees and dependents of deceased 
          employees.
1013.05.  Uniform allowance.

                   Subchapter II--Housing Improvement

1013.11.  Purposes.
1013.12.  Definitions.
1013.13.  General authority of Secretary.
1013.14.  Criteria for providing housing.
1013.15.  Authorization for housing agreements.
1013.16.  Housing programs.
1013.17.  Contracts for the management of field employee quarters.
1013.18.  Leasing of seasonal employee quarters.
1013.19.  General leasing provisions.
1013.20.  Assessment and priority listing.
1013.21.  Use of funds.

                    Subchapter I--General Provisions

Sec. 1013.01. Authority of Secretary to carry out certain activities
  To facilitate the administration of the System, the Secretary, under 
such terms and conditions as the Secretary may consider advisable, may 
carry out the following activities:
          (1) Transportation.--
                  (A) In general.--The Secretary may provide 
                transportation of employees located at an isolated area 
                of the System and to members of their families, if--
                          (i) the area is not adequately served by 
                        commercial transportation; and
                          (ii) the transportation is incidental to 
                        official transportation services.
                  (B) Employees of carlsbad caverns national park.--
                          (i) In general.--The Secretary may provide 
                        transportation to and from work, outside 
                        regular working hours, of employees of Carlsbad 
                        Caverns National Park, residing in or near 
                        Carlsbad, New Mexico. The transportation shall 
                        be between the park and the city, or 
                        intervening points, at reasonable rates to be 
                        determined by the Secretary, taking into 
                        consideration, among other factors, comparable 
                        rates charged by transportation companies in 
                        the locality for similar services.
                          (ii) Amounts collected to be credited to 
                        current appropriation.--Amounts collected for 
                        the transportation shall be credited to the 
                        appropriation current at the time payment is 
                        received.
                          (iii) When transportation may not be 
                        offered--If adequate transportation facilities 
                        are available, or shall be available by any 
                        common carrier, at reasonable rates, the 
                        facilities contemplated by clause (i) shall not 
                        be offered.
          (2) Recreation facilities, equipment, and services.--The 
        Secretary may provide recreation facilities, equipment, and 
        services for use by employees and their families located at an 
        isolated area of the System.
          (3) Field and special purpose equipment.--The Secretary may 
        purchase field and special purpose equipment required by 
        employees for the performance of assigned functions. The 
        purchased equipment shall be regarded and listed as System 
        equipment.
          (4) Meals and lodging.--The Secretary may provide meals and 
        lodging, as the Secretary considers appropriate, for members of 
        the United States Park Police and other employees of the 
        Service, as the Secretary may designate, serving temporarily on 
        extended special duty in System units. For this purpose the 
        Secretary may use funds appropriated for the expenses of the 
        Department of the Interior.
Sec. 1013.02. Medical attention for employees
  (a) In General.--In the administration of the Service, the Secretary 
may contract for medical attention and service for employees and to 
make necessary payroll deductions agreed to by the employees for that 
medical attention and service.
  (b) Employees Located at Isolated Situations.--The Secretary may 
provide, out of amounts appropriated for the general expense of the 
System units, medical attention for employees of the Service located at 
isolated situations, including--
          (1) moving the employees to hospitals or other places where 
        medical assistance is available; and
          (2) in case of death, to remove the bodies of deceased 
        employees to the nearest place where they can be prepared for 
        shipment or for burial.
Sec. 1013.03. Personal equipment and property
  (a) Purhase of Personal Equipment and Supplies.--The Secretary may 
purchase personal equipment and supplies for employees of the Service 
and make deductions for the equipment and supplies from amounts 
appropriated for salary payments or otherwise due the employees.
  (b) Lost, Damaged, or Destroyed Property.--The Secretary, in the 
administration of the Service, may reimburse employees and other owners 
of horses, vehicles, and other equipment lost, damaged, or destroyed 
while in the custody of the employee or the Department of the Interior, 
under authorization, contract, or loan, for necessary firefighting, 
trail, or other official business. Reimbursement shall be made from any 
available funds in the appropriation to which the hire of the equipment 
would be properly chargeable.
  (c) Equipment Required To Be Furnished by Field Employees.--The 
Secretary may--
          (1) require field employees of the Service to furnish horses, 
        motor and other vehicles, and miscellaneous equipment necessary 
        for the performance of their official work; and
          (2) provide, at Federal Government expense, forage, care, and 
        housing for animals, and housing or storage and fuel for 
        vehicles and other equipment required to be furnished.
  (d) Hire, Rental, and Purchase of Property.--The Secretary, under 
regulations the Secretary may prescribe, may authorize the hire, 
rental, or purchase of property from employees of the Service whenever 
it would promote the public interest to do so.
Sec. 1013.04. 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.
Sec. 1013.05. Uniform allowance
  Notwithstanding section 5901(a) of title 5, the uniform allowance for 
uniformed employees of the Service may be up to $400 annually.

                   Subchapter II--Housing Improvement

Sec. 1013.11. Purposes
  The purposes of this subchapter are--
          (1) to develop where necessary an adequate supply of quality 
        housing units for field employees of the Service within a 
        reasonable timeframe;
          (2) to expand the alternatives available for construction and 
        repair of essential Federal Government housing;
          (3) to rely on the private sector to finance or supply 
        housing in carrying out this subchapter, to the maximum extent 
        possible, to reduce the need for Federal appropriations;
          (4) to ensure that adequate funds are available to provide 
        for long-term maintenance needs of field employee housing; and
          (5) to eliminate unnecessary Federal Government housing and 
        locate such housing as is required in a manner so that primary 
        resource values are not impaired.
Sec. 1013.12. Definitions
  In this subchapter:
          (1) Field employee.--The term ``field employee'' means--
                  (A) an employee of the Service who is exclusively 
                assigned by the Service to perform duties at a field 
                unit, and the members of the employee's family; and
                  (B) any other individual who is authorized to occupy 
                Federal Government quarters under section 5911 of title 
                5, and for whom there is no feasible alternative to the 
                provision of Federal Government housing, and the 
                members of the individual's family.
          (2) Primary resource values.--The term ``primary resource 
        values'' means resources that are specifically mentioned in the 
        enabling legislation for that field unit or other resource 
        value recognized under Federal statute.
          (3) Quarters.--The term ``quarters'' means quarters owned or 
        leased by the Federal Government.
          (4) Seasonal quarters.--The term ``seasonal quarters'' means 
        quarters typically occupied by field employees who are hired on 
        assignments of 6 months or less.
Sec. 1013.13. General authority of Secretary
  (a) Rental Housing.--To enhance the ability of the Secretary to 
effectively manage System units, the Secretary may where necessary and 
justified--
          (1) make available employee housing, on or off land under the 
        administrative jurisdiction of the Service; and
          (2) rent that housing to field employees at rates based on 
        the reasonable value of the housing in accordance with 
        requirements applicable under section 5911 of title 5.
  (b) Joint Development Authority.--The Secretary may use authorities 
granted by statute in combination with one another in the furtherance 
of providing where necessary and justified affordable field employee 
housing.
  (c) Construction Limitations on Federal Land.--The Secretary may not 
utilize any land for the purposes of providing field employee housing 
under this subchapter that will affect a primary resource value of the 
area or adversely affect the mission of the Service.
  (d) Rental Rates.--To the extent practicable, the Secretary shall 
establish rental rates for all quarters occupied by field employees of 
the Service that are based on the reasonable value of the quarters in 
accordance with requirements applicable under section 5911 of title 5.
Sec. 1013.14. 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 the circumstances under which the Service requires an 
employee to occupy Federal Government quarters, so as to provide 
necessary services or protect Federal Government property or because of 
a lack of availability of non-Federal housing in a geographic area.
Sec. 1013.15. Authorization for housing agreements
  The Secretary may, pursuant to the authorities contained in this 
subchapter and subject to the appropriation of necessary funds in 
advance, enter into housing agreements with housing entities under 
which the housing entities may develop, construct, rehabilitate, or 
manage housing, located on or off public land, for rent to Service 
employees who meet the housing eligibility criteria developed by the 
Secretary pursuant to this subchapter.
Sec. 1013.16. Housing programs
  (a) Joint Public-Private Sector Housing Program.--
          (1) Lease-to-build program.--Subject to the appropriation of 
        necessary funds in advance, the Secretary may lease--
                  (A) Federal land and interests in land to qualified 
                persons for the construction of field employee quarters 
                for any period not to exceed 50 years; and
                  (B) developed and undeveloped non-Federal land for 
                providing field employee quarters.
          (2) Competitive leasing.--Each lease under paragraph (1)(A) 
        shall be awarded through the use of publicly advertised, 
        competitively bid, or competitively negotiated contracting 
        procedures.
          (3) Terms and conditions.--Each lease under paragraph 
        (1)(A)--
                  (A) shall stipulate whether operation and maintenance 
                of field employee quarters is to be provided by the 
                lessee, field employees, or the Federal Government;
                  (B) shall require that the construction and 
                rehabilitation of field employee quarters be done in 
                accordance with the requirements of the Service and 
                local applicable building codes and industry standards;
                  (C) shall contain additional terms and conditions as 
                may be appropriate to protect the Federal interest, 
                including limits on rents that the lessee may charge 
                field employees for the occupancy of quarters, 
                conditions on maintenance and repairs, and agreements 
                on the provision of charges for utilities and other 
                infrastructure; and
                  (D) may be granted at less than fair market value if 
                the Secretary determines that the lease will improve 
                the quality and availability of field employee 
                quarters.
          (4) Contributions by federal government.--The Secretary may 
        make payments, subject to appropriations, or contributions in 
        kind, in advance or on a continuing basis, to reduce the costs 
        of planning, construction, or rehabilitation of quarters on or 
        off Federal land under a lease under this subsection.
  (b) Rental Guarantee Program.--
          (1) General authority.--Subject to the appropriation of 
        necessary funds in advance, the Secretary may enter into a 
        lease-to-build arrangement as set forth in subsection (a) with 
        further agreement to guarantee the occupancy of field employee 
        quarters constructed or rehabilitated under the lease. A 
        guarantee made under this paragraph shall be in writing.
          (2) Limitations on guarantees.--
                  (A) Specific guarantees.--The Secretary may not 
                guarantee--
                          (i) the occupancy of more than 75 percent of 
                        the units constructed or rehabilitated under 
                        the lease; and
                          (ii) at a rental rate that exceeds the rate 
                        based on the reasonable value of the housing in 
                        accordance with requirements applicable under 
                        section 5911 of title 5.
                  (B) Total of outstanding guarantees.--Outstanding 
                guarantees shall not be in excess of $3,000,000.
          (3) Agreement to rent to federal government employees.--A 
        guarantee may be made under this subsection only if the lessee 
        agrees to permit the Secretary to utilize for housing purposes 
        any units for which the guarantee is made.
          (4) Operation and maintenance.--A lease shall be void if the 
        lessee fails to maintain a satisfactory level of operation and 
        maintenance.
Sec. 1013.17. Contracts for the management of field employee quarters
  Subject to the appropriation of necessary funds in advance, the 
Secretary may enter into contracts of any duration for the management, 
repair, and maintenance of field employee quarters. The contract shall 
contain terms and conditions that the Secretary considers necessary or 
appropriate to protect the interests of the United States and ensure 
that necessary quarters are available to field employees.
Sec. 1013.18. Leasing of seasonal employee quarters
  (a) General Authority.--The Secretary may lease quarters at or near a 
System unit for use as seasonal quarters for field employees if the 
Secretary finds that there is a shortage of adequate and affordable 
seasonal quarters at or near the System unit and that--
          (1) the requirement for the seasonal field employee quarters 
        is temporary; or
          (2) leasing would be more cost-effective than construction of 
        new seasonal field employee quarters.
  (b) Rent.--The rent charged to field employees under the lease shall 
be a rate based on the reasonable value of the quarters in accordance 
with requirements applicable under section 5911 of title 5.
  (c) Unrecovered Costs.--The Secretary may pay the unrecovered costs 
of leasing seasonal quarters under this section from annual 
appropriations for the year in which the lease is made.
Sec. 1013.19. General leasing provisions
  (a) Exemption From Leasing Requirements.--Section 1033.01 of this 
title and section 1302 of title 40 shall not apply to leases issued by 
the Secretary under this section.
  (b) Proceeds From Leases.--The proceeds from any lease under section 
1013.16(a)(1) of this title and any lease under section 1013.18 of this 
title shall be retained by the Service and deposited in the special 
fund established for maintenance and operation of quarters.
Sec. 1013.20. Assessment and priority listing
  The Secretary shall--
          (1) complete a condition assessment for all field employee 
        housing, including the physical condition of the housing and 
        the necessity and suitability of the housing for carrying out 
        the mission of the Service, using existing information; and
          (2) develop a Service-wide priority listing, by structure, 
        identifying the units in greatest need for repair, 
        rehabilitation, replacement, or initial construction.
Sec. 1013.21. Use of funds
  (a) Expenditure Shall Follow Priority Listing.--Expenditure of any 
funds authorized and appropriated for new construction, repair, or 
rehabilitation of housing under this chapter shall follow the housing 
priority listing established by the Secretary under section 1013.20 of 
this title, in sequential order, to the maximum extent practicable.
  (b) Nonconstruction Funds in Annual Budget Submittal.--The 
President's proposed budget to Congress shall include identification of 
nonconstruction funds to be spent for Service housing maintenance and 
operations that are in addition to rental receipts collected.

                      CHAPTER 1015--TRANSPORTATION

                         Subchapter I--Airports

Sec.
1015.01.  Airports in or near System units.

                     Subchapter II--Roads and Trails

1015.11.  Roads and trails.

     Subchapter III--Public Transportation Programs for System Units

1015.21.  Findings and purpose.
1015.22.  Transportation service and facility programs.
1015.23.  Transportation projects.
1015.24.  Procedures applicable to transportation plans and projects.

                           Subchapter IV--Fees

1015.31.  Fee for use of transportation services.

                         Subchapter I--Airports

Sec. 1015.01. Airports in or near System units
  (a) Definitions.--In this section, the terms ``airport'', 
``project'', ``project costs'', ``public agency'', and ``sponsor'' have 
the meanings given the terms in subchapter I of chapter 471 of title 
49.
  (b) Acquisition, Operation, and Maintenance of Airports.--
          (1) Authorization.--The Secretary may plan, acquire, 
        establish, construct, enlarge, improve, maintain, equip, 
        operate, regulate, and protect airports in the continental 
        United States in, or in close proximity to, System units, when 
        the Secretary determines that the airports are necessary to the 
        proper performance of the functions of the Department of the 
        Interior.
          (2) Inclusion in national plan.--The Secretary shall not 
        acquire, establish, or construct an airport under this section 
        unless the airport is included in the national plan of 
        integrated airport systems formulated by the Secretary of 
        Transportation pursuant to section 47103 of title 49.
          (3) Operation and maintenance must accord with standards and 
        regulations of secretary of transportation.--The operation and 
        maintenance of airports under this section shall be in 
        accordance with the standards and regulations prescribed by the 
        Secretary of Transportation.
  (c) Authority of Secretary.--
          (1) In general.--To carry out this section, the Secretary 
        may--
                  (A) acquire necessary land and interests in or over 
                land;
                  (B) contract for the construction, improvement, 
                operation, and maintenance of airports and incidental 
                facilities;
                  (C) enter into agreements with other public agencies 
                providing for the construction, operation, or 
                maintenance of airports by those agencies or jointly by 
                the Secretary and those agencies on mutually 
                satisfactory terms; and
                  (D) enter into other agreements and take other action 
                with respect to the airports as may be necessary to 
                carry out this section.
          (2) Consent required.--This section does not authorize the 
        Secretary to acquire any land, or interest in or over land, by 
        purchase, condemnation, grant, or lease, without first 
        obtaining the consent of the Governor of the State, and the 
        consent of the State political subdivision, in which the land 
        is located.
  (d) Authorization To Sponsor Airport Projects.--To carry out this 
section, the Secretary may--
          (1) sponsor projects under subchapter I of chapter 471 of 
        title 49 independently or jointly with other public agencies; 
        and
          (2) use, for payment of the sponsor's share of the project 
        costs of those projects, any funds that may be--
                  (A) contributed or otherwise made available to the 
                Secretary for those purposes; or
                  (B) appropriated or otherwise specifically authorized 
                for that purpose.
  (e) Jurisdiction Over Airports.--All airports under the jurisdiction 
of the Secretary, unless otherwise specifically provided by law, shall 
be operated as public airports, available for public use on fair and 
reasonable terms and without unjust discrimination.

                    Subchapter II--Roads and Trails

Sec. 1015.11. Roads and trails
  (a) Construction.--The Secretary, in the administration of the 
Service, may construct, reconstruct, and improve roads and trails, 
inclusive of necessary bridges, in System units.
  (b) Approach Roads.--
          (1) Designation.--When the Secretary determines it to be in 
        the public interest, the Secretary may designate, as System 
        unit approach roads and as supplementary parts of the highway 
        systems of any System unit, roads whose primary value is to 
        carry System unit travel and that lead across land at least 90 
        percent owned by the Federal Government and that will connect 
        the highways within a System unit with a convenient point on or 
        leading to the National Highway System.
          (2) Limit on length of approach roads.--A designated approach 
        road shall not exceed--
                  (A) 60 miles in length between a System unit gateway 
                and a point on or leading to the nearest convenient 
                National Highway System road; or
                  (B) 30 miles in length if the approach road is on the 
                National Highway System.
          (3) County limit.--Not to exceed 40 miles of any one approach 
        road shall be designated in any one county.
  (c) Construction and Improvement of Roads and Trails Within System 
Units.--
          (1) Authority of secretary.--
                  (A) In general.--The Secretary may construct, 
                reconstruct, and improve roads and trails within System 
                units.
                  (B) Authority not limited.--This subsection and 
                subsections (a), (b), and (d) do not limit the 
                authority of the Secretary to construct, reconstruct, 
                improve, and maintain roads and trails within System 
                units.
          (2) Secretary of commerce.--Under agreement with the 
        Secretary, the Secretary of Commerce may carry out any 
        provision of this subsection.
          (3) Allocation.--Not to be exceed $1,500,000 shall be 
        allocated annually for the construction, reconstruction, and 
        improvement of System unit approach roads.
  (d) Approval of Secretary of Agriculture Required.--When an approach 
road is proposed across or within any national forest, the Secretary 
shall secure the approval of the Secretary of Agriculture before 
construction begins.
  (e) Conveyance to States of Roads Leading to Certain Historical 
Areas.--
          (1) Definition.--In this subsection, the term ``State'' 
        includes Puerto Rico, Guam, and the Virgin Islands.
          (2) Authority of secretary.--The Secretary may, subject to 
        conditions as may seem proper to the Secretary, convey by 
        proper quitclaim deed to any State, county, municipality, or 
        proper agency of a State, county, or municipality, in which the 
        road is located, all the right, title, and interest of the 
        United States in and to any Federal Government owned or 
        controlled road leading to any national cemetery, national 
        military park, national historical park, national battlefield 
        park, or national historic site administered by the Service.
          (3) Notification by state, agency, or municipality.--Prior to 
        the delivery of any conveyance under this section, the State, 
        county, or municipality to which the conveyance is to be made 
        shall notify the Secretary in writing of its willingness to 
        accept and maintain the roads included in the conveyance.
          (4) Transfer of jurisdiction.--On the execution and delivery 
        of the conveyance, any jurisdiction previously ceded to the 
        United States by a State over the roads conveyed shall cease 
        and determine and shall vest and be in the particular State in 
        which the roads are located.

    Subchapter III--Public Transportation Programs for System Units

Sec. 1015.21. Findings and purpose
  (a) 1978 Findings.--Congress finds that--
          (1) the purpose of the System is to preserve outstanding 
        natural, scenic, historic, and recreation areas for the 
        enjoyment, education, inspiration, and use of all people;
          (2) System units have been established near major 
        metropolitan areas to preserve remaining open space and to 
        provide recreational opportunities for urban residents (many of 
        whom do not have access to personal motor vehicles); and
          (3) circumstances that necessarily require people desiring to 
        visit System units to rely on personal motor vehicles may 
        diminish the natural and recreational value of the System units 
        by causing traffic congestion and environmental damage, and by 
        requiring the provision of roads, parking, and other facilities 
        in ever-increasing numbers and density.
  (b) Purpose.--The purpose of this subchapter is to make the System 
more accessible in a manner consistent with the preservation of System 
units and the conservation of energy by encouraging the use of 
transportation modes other than personal motor vehicles for access to 
and within System units with minimum disruption to nearby communities 
through authorization of a pilot transportation program.
Sec. 1015.22. Transportation service and facility programs
  (a) Formulation of Plans and Implementation of Projects.--The 
Secretary may formulate transportation plans and implement 
transportation projects where feasible pursuant to those plans for 
System units.
  (b) Contracts, Operations, and Acquisitions for Improvement of Access 
to System Units.--
          (1) Authority of secretary.--To carry out subsection (a), the 
        Secretary may--
                  (A) contract with public or private agencies or 
                carriers to provide transportation services, capital 
                equipment, or facilities to improve access to System 
                units;
                  (B) operate those services directly in the absence of 
                suitable and adequate agencies or carriers;
                  (C) acquire, by purchase, lease, or agreement, 
                capital equipment for those services; and
                  (D) where necessary to carry out this subchapter, 
                acquire, by lease, purchase, donation, exchange, or 
                transfer, land, water, or an interest in land or water 
                that is situated outside the boundary of a System unit.
          (2) Specific provisions related to property acquisition.--
                  (A) Administration.--The acquired property shall be 
                administered as part of the System unit.
                  (B) Acquistion of land or interests in land owned by 
                state or political subdivision.--Any land or interests 
                in land owned by a State or any of its political 
                subdivisions may be acquired only by donation.
                  (C) Acquisition subject to statutory limitations.--
                Any land acquisition shall be subject to any statutory 
                limitations on methods of acquisition and 
                appropriations as may be specifically applicable to the 
                area.
  (c) Appropriation of Fees Collected and Deposited in Planning, 
Development, and Operation of Recreational Facilities Appropriation 
Account.--All fees directly collected by the Service in the operation 
of the facilities and services authorized by this subchapter shall be 
deposited into the Planning, Development, and Operation of Recreation 
Facilities appropriation account to be subject to appropriation.
  (d) Establishment of Information Programs.--The Secretary shall 
establish information programs to inform the public of available System 
unit access opportunities and to promote the use of transportation 
modes other than personal motor vehicles for access to and travel 
within the System units.
  (e) Undertaking Transportation Facilities and Services.--
Transportation facilities and services provided pursuant to this 
subchapter may be undertaken by the Secretary directly or by contract 
without regard to any requirement of Federal, State, or local law 
respecting determinations of public convenience and necessity or other 
similar matters. The Secretary or contractor shall consult with the 
appropriate State or local public service commission or other body 
having authority to issue certificates of convenience and necessity. A 
contractor shall be subject to applicable requirements of that body 
unless the Secretary determines that the requirements would not be 
consistent with the purposes and provisions of this subchapter.
  (f) Construction of Grant of Authority Respecting Operation of Motor 
Vehicles Excepted From Statutory Coverage.--No grant of authority in 
this subchapter shall be deemed to expand the exemption of section 
13506(a)(9) of title 49.
Sec. 1015.23. Transportation projects
  (a) Assistance of Heads of Other Federal Departments and Agencies in 
Formulation and Implementation.--To carry out this subchapter, the 
Secretary of Transportation, the Secretary of Housing and Urban 
Development, the Secretary of Health and Human Services, the Secretary 
of Commerce, and the heads of other Federal departments or agencies 
that the Secretary considers necessary shall assist the Secretary in 
the formulation and implementation of transportation projects.
  (b) Compilation of Statutes and Programs.--The Secretary shall 
maintain a compilation of Federal statutes and programs providing 
authority for the planning, funding, or operation of transportation 
projects that might be utilized by the Secretary to carry out this 
subchapter.
Sec. 1015.24. Procedures applicable to transportation plans and 
                    projects
  (a) During Formulation of Plan.--The Secretary shall, during the 
formulation of any transportation plan authorized pursuant to section 
1015.22 of this title--
          (1) give public notice of intention to formulate the plan by 
        publication in the Federal Register and in a newspaper or 
        periodical having general circulation in the vicinity of the 
        affected System unit; and
          (2) following the notice, hold a public meeting at a location 
        convenient to the affected System unit.
  (b) Prior to Implementation of Project.--Prior to the implementation 
of any project developed pursuant to the transportation plan formulated 
pursuant to subsection (a), the Secretary shall--
          (1) establish procedures, including public meetings, to give 
        State and local governments and the public adequate notice and 
        an opportunity to comment on the proposed transportation 
        project; and
          (2) when the proposed project would involve an expenditure in 
        excess of $100,000 in any fiscal year, submit a detailed report 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives.
  (c) Waiting Period.--When a report on a project is required under 
subsection (b)(2), the Secretary may proceed with the implementation of 
the project only after 60 days (not counting days on which the Senate 
or House of Representatives has adjourned for more than 3 consecutive 
days) have elapsed following submission of the report.

                          Subchapter IV--Fees

Sec. 1015.31. Fee for use of transportation services
  Notwithstanding any other provision of law, where the Service or an 
entity under a service contract, cooperative agreement, or other 
contractual agreement with the Service provides transportation to all 
or a portion of any System unit, the Secretary may impose a reasonable 
and appropriate charge to the public for the use of the transportation 
services in addition to any admission fee required to be paid. 
Collection of the transportation and admission fees may occur at the 
transportation staging area or any other reasonably convenient location 
determined by the Secretary. The Secretary may enter into agreements, 
with public or private entities that qualify to the Secretary's 
satisfaction, to collect the transportation and admission fee. 
Transportation fees collected pursuant to this section shall be 
retained by the System unit at which the transportation fee was 
collected, and the amount retained shall be expended only for costs 
associated with the transportation systems at the System unit where the 
charge was imposed.

                   CHAPTER 1017--FINANCIAL AGREEMENTS

Sec.
1017.01.  Challenge cost-share agreement authority.
1017.02.  Cooperative agreements.
1017.03.  Reimburseable agreements.
Sec. 1017.01. Challenge cost-share agreement authority
  (a) Definitions.--In this section:
          (1) Challenge cost-share agreement.--The term ``challenge 
        cost-share agreement'' means any agreement entered into between 
        the Secretary and any cooperator for the purpose of sharing 
        costs or services in carrying out authorized functions and 
        responsibilities of the Secretary with respect to any System 
        unit or System program, any affiliated area, or any designated 
        national scenic trail or national historic trail.
          (2) Cooperator.--The term ``cooperator'' means any State or 
        local government, public or private agency, organization, 
        institution, corporation, individual, or other entity.
  (b) Authority To Enter Into Challenge Cost-Share Agreements.--The 
Secretary may negotiate and enter into challenge cost-share agreements 
with cooperators.
  (c) Source of Federal Share.--In carrying out challenge cost-share 
agreements, the Secretary may provide the Federal funding share from 
any funds available to the Service.
Sec. 1017.02. Cooperative agreements
  (a) Transfer of Service Appropriated Funds.--The Secretary may enter 
into cooperative agreements that involve the transfer of Service 
appropriated funds to State, local, and tribal governments, other 
public entities, educational institutions, and private nonprofit 
organizations pursuant to section 6305 of title 31 to carry out public 
purposes of Service programs.
  (b) Cooperative Research and Training Programs.--
          (1) In general.--To facilitate the administration of the 
        System, the Secretary, under such terms and conditions as the 
        Secretary may consider advisable, may--
                  (A) enter into cooperative agreements with public or 
                private educational institutions, States, and political 
                subdivisions of States to develop adequate, 
                coordinated, cooperative research and training programs 
                concerning the resources of the System; and
                  (B) pursuant to an agreement, accept from and make 
                available to the cooperator technical and support 
                staff, financial assistance for mutually agreed upon 
                research projects, supplies and equipment, facilities, 
                and administrative services relating to cooperative 
                research units that the Secretary considers 
                appropriate.
          (2) Effect of subsection.--This subsection does not waive any 
        requirements for research projects that are subject to Federal 
        procurement regulations.
  (c) Cooperative Management Agreements.--
          (1) In general.--To facilitate the administration of the 
        System, the Secretary, under such terms and conditions as the 
        Secretary considers advisable, may enter into an agreement with 
        a State or local government agency to provide for the 
        cooperative management of the Federal and State or local park 
        areas where a System unit is located adjacent to or near a 
        State or local park area, and cooperative management between 
        the Service and a State or local government agency of a portion 
        of either the System unit or State or local park will allow for 
        more effective and efficient management of the System unit and 
        State or local park. The Secretary may not transfer 
        administration responsibilities for any System unit under this 
        paragraph.
          (2) Provision of goods and services.--Under a cooperative 
        management agreement, the Secretary may acquire from and 
        provide to a State or local government agency goods and 
        services to be used by the Secretary and the State or local 
        governmental agency in the cooperative management of land.
          (3) Assignment of employee.--An assignment arranged by the 
        Secretary under section 3372 of title 5 of a Federal, State, or 
        local employee for work on any Federal, State, or local land or 
        an extension of the assignment may be for any period of time 
        determined by the Secretary and the State or local agency to be 
        mutually beneficial.
  (d) Cooperative Agreements for System Unit Natural Resource 
Protection.--
          (1) In general.--The Secretary may enter into cooperative 
        agreements with State, local, or tribal governments, other 
        Federal agencies, other public entities, educational 
        institutions, private nonprofit organizations, or participating 
        private landowners for the purpose of protecting natural 
        resources of System units through collaborative efforts on land 
        inside and outside the System units.
          (2) Terms and conditions.--A cooperative agreement entered 
        into under paragraph (1) shall provide clear and direct 
        benefits to System unit natural resources and--
                  (A) provide for--
                          (i) the preservation, conservation, and 
                        restoration of coastal and riparian systems, 
                        watersheds, and wetlands;
                          (ii) preventing, controlling, or eradicating 
                        invasive exotic species that are within a 
                        System unit or adjacent to a System unit; or
                          (iii) restoration of natural resources, 
                        including native wildlife habitat or 
                        ecosystems;
                  (B) include a statement of purpose demonstrating how 
                the agreement will--
                          (i) enhance science-based natural resource 
                        stewardship at the System unit; and
                          (ii) benefit the parties to the agreement;
                  (C) specify any staff required and technical 
                assistance to be provided by the Secretary or other 
                parties to the agreement in support of activities 
                inside and outside the System unit that will--
                          (i) protect natural resources of the System 
                        unit; and
                          (ii) benefit the parties to the agreement;
                  (D) identify any materials, supplies, or equipment 
                and any other resources that will be contributed by the 
                parties to the agreement or by other Federal agencies;
                  (E) describe any financial assistance to be provided 
                by the Secretary or the partners to implement the 
                agreement;
                  (F) ensure that any expenditure by the Secretary 
                pursuant to the agreement is determined by the 
                Secretary to support the purposes of natural resource 
                stewardship at a System unit; and
                  (G) include such other terms and conditions as are 
                agreed to by the Secretary and the other parties to the 
                agreement.
          (3) Limitations.--The Secretary shall not use any funds 
        associated with an agreement entered into under paragraph (1) 
        for the purposes of land acquisition, regulatory activity, or 
        the development, maintenance, or operation of infrastructure, 
        except for ancillary support facilities that the Secretary 
        determines to be necessary for the completion of projects or 
        activities identified in the agreement.
          (4) Authorization of appropriations.--There are authorized to 
        be appropriated such sums as are necessary to carry out this 
        subsection.
Sec. 1017.03. Reimbursable agreements
  (a) In General.--In carrying out work under reimbursable agreements 
with any State, local, or tribal government, the Secretary, without 
regard to any provision of law or a regulation--
          (1) may record obligations against accounts receivable from 
        those governments; and
          (2) shall credit amounts received from those governments to 
        the appropriate account.
  (b) When Amounts Shall Be Credited.--Amounts shall be credited within 
90 days of the date of the original request by the Service for payment.

                       CHAPTER 1019--CONCESSIONS

                  Subchapter I--Authority of Secretary

Sec.
1019.01.  Authority of Secretary to carry out certain activities.

                  Subchapter II--Concession Management

1019.11.  Definitions.
1019.12.  Findings and declaration of policy.
1019.13.  Award of concession contracts.
1019.14.  Terms of concession contracts.
1019.15.  Protection of concessioner investment.
1019.16.  Reasonableness of rates and charges.
1019.17.  Franchise fees.
1019.18.  Transfer or conveyance of concession contracts or leasehold 
          surrender interests.
1019.19.  National Park Service Concessions Management Advisory Board.
1019.20.  Contracting for services.
1019.21.  Multiple contracts within a System unit.
1019.22.  Special rule for service contract to provide transportation 
          services.
1019.23.  Use of nonmonetary consideration in concession contracts.
1019.24.  Recordkeeping requirements.
1019.25.  Promotion of sale of Indian, Alaska Native, Native Samoan, and 
          Native Hawaiian handicrafts.
1019.26.  Commercial use authorizations.
1019.27.  Regulations.

                  Subchapter I--Authority of Secretary

Sec. 1019.01. Authority of Secretary to carry out certain activities
  To facilitate the administration of the System, the Secretary, under 
such terms and conditions as the Secretary considers advisable, may 
carry out the following activities:
          (1) Sale of products and services produced in the conduct of 
        living exhibits and interpretative demonstrations.--
                  (A) In general.--The Secretary may--
                          (i) 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;
                          (ii) enter into contracts (including 
                        cooperative arrangements) with respect to those 
                        living exhibits and interpretive 
                        demonstrations; and
                          (iii) subject to subparagraph (B), credit the 
                        proceeds from those sales and contracts to the 
                        appropriation bearing the cost of the exhibits 
                        and demonstrations.
                  (B) Glacier bay national park.--
                          (i) Definitions.--In this subparagraph--
                                  (I) Certain permittee.--The term 
                                ``certain permittee'' means a permittee 
                                that provides overnight accommodations 
                                for at least 500 passengers for an 
                                itinerary of at least 3 nights.
                                  (II) Permittee.--The term 
                                ``permittee'' means a concessionaire 
                                providing visitor services within 
                                Glacier Bay.
                          (ii) Limitation on use of fees.--Sixty 
                        percent of the fees paid by permittees for the 
                        privilege of entering into Glacier Bay shall be 
                        deposited in a special account and shall be 
                        available--
                                  (I) to the extent determined to be 
                                necessary, to acquire and pre-position 
                                necessary and adequate emergency 
                                response equipment to prevent harm or 
                                the threat of harm to aquatic park 
                                resources from permittees; and
                                  (II) to conduct investigations to 
                                quantify any effect of permittees' 
                                activity on wildlife and other natural 
                                resource values of Glacier Bay National 
                                Park.
                          (iii) Purpose of investigations.--The 
                        investigations provided for in this 
                        subparagraph shall be designed to provide 
                        information of value to the Secretary in 
                        determining any appropriate limitations on 
                        permittees' activity in Glacier Bay.
                          (iv) No additional conditions to be 
                        imposed.--The Secretary may not impose any 
                        additional permittee operating conditions in 
                        the areas of air, water, and oil pollution 
                        beyond those determined and enforced by other 
                        appropriate agencies.
                          (v) Accounting for impact of permittees on 
                        park values and resources.--When competitively 
                        awarding permits to enter Glacier Bay, the 
                        Secretary may take into account the relative 
                        impact particular permittees will have on park 
                        values and resources, provided that no 
                        operating conditions or limitations relating to 
                        noise abatement shall be imposed unless the 
                        Secretary determines, based on the weight of 
                        the evidence from all available studies 
                        including verifiable scientific information 
                        from the investigations provided for in this 
                        paragraph, that the limitations or conditions 
                        are necessary to protect park values and 
                        resources.
                          (vi) Limit on amount of fee.--Fees paid by 
                        certain permittees for the privilege of 
                        entering into Glacier Bay shall not exceed $5 
                        per passenger.
                          (vii) Additional categories of permits or 
                        number of permits not authorized.--This 
                        subparagraph does not authorize the Secretary 
                        to require additional categories of permits in, 
                        or otherwise increase the number of permits to 
                        enter, Glacier Bay National Park.
          (2) Utility services for concessioners.--The Secretary may 
        furnish, on a reimbursement of appropriation basis, all types 
        of utility services to concessioners, contractors, permittees, 
        or other users of the services, within the System. The 
        reimbursements for cost of the services may be credited to the 
        appropriation current at the time reimbursements are received.

                  Subchapter II--Concession Management

Sec. 1019.11. Definitions
  In this subchapter:
          (1) Advisory board.--The term ``Advisory Board'' means the 
        National Park Service Concessions Management Advisory Board 
        established under section 1019.19 of this title.
          (2) Preferential right of renewal.--The term ``preferential 
        right of renewal'' means the right of a concessioner, subject 
        to a determination by the Secretary that the facilities or 
        services authorized by a prior contract continue to be 
        necessary and appropriate within the meaning of section 1019.12 
        of this title, to match the terms and conditions of any 
        competing proposal that the Secretary determines to be the best 
        proposal for a proposed new concession contract that authorizes 
        the continuation of the facilities and services provided by the 
        concessioner under its prior contract.
Sec. 1019.12. Findings and declaration of policy
  (a) Findings.--In furtherance of section 1003.01(b), Congress finds 
that the preservation and conservation of System unit resources and 
values requires that public accommodations, facilities, and services 
that have to be provided within those System units should be provided 
only under carefully controlled safeguards against unregulated and 
indiscriminate use, so that--
          (1) visitation will not unduly impair those resources and 
        values; and
          (2) development of public accommodations, facilities, and 
        services within System units can best be limited to locations 
        that are consistent to the highest practicable degree with the 
        preservation and conservation of the resources and values of 
        the System units.
  (b) Declaration of Policy.--It is the policy of Congress that the 
development of public accommodations, facilities, and services in 
System units shall be limited to accommodations, facilities, and 
services that--
          (1) are necessary and appropriate for public use and 
        enjoyment of the System unit in which they are located; and
          (2) are consistent to the highest practicable degree with the 
        preservation and conservation of the resources and values of 
        the System unit.
Sec. 1019.13. Award of concession contracts
  In furtherance of the findings and policy stated in section 1019.12 
of this title, and except as provided by this subchapter or otherwise 
authorized by law, the Secretary shall utilize concession contracts to 
authorize a person, corporation, or other entity to provide 
accommodations, facilities, and services to visitors to System units. 
Concession contracts shall be awarded as follows:
          (1) Competitive selection process.--Except as otherwise 
        provided in this section, all proposed concession contracts 
        shall be awarded by the Secretary to the person, corporation, 
        or other entity submitting the best proposal, as determined by 
        the Secretary through a competitive selection process. The 
        competitive process shall include simplified procedures for 
        small, individually-owned concession contractors.
          (2) Solicitation of proposals.--Except as otherwise provided 
        in this section, prior to awarding a new concession contract 
        (including renewals or extensions of existing concession 
        contracts) the Secretary--
                  (A) shall publicly solicit proposals for the 
                concession contract; and
                  (B) in connection with the solicitation, shall--
                          (i) prepare a prospectus and publish notice 
                        of its availability at least once in local or 
                        national newspapers or trade publications, by 
                        electronic means, or both, as appropriate; and
                          (ii) make the prospectus available on request 
                        to all interested persons.
          (3) Information to be included in prospectus.--The prospectus 
        shall include the following information:
                  (A) The minimum requirements for the contract as set 
                forth in paragraph (4).
                  (B) The terms and conditions of any existing 
                concession contract relating to the services and 
                facilities to be provided, including all fees and other 
                forms of compensation provided to the United States by 
                the concessioner.
                  (C) Other authorized facilities or services that may 
                be provided in a proposal.
                  (D) Facilities and services to be provided by the 
                Secretary to the concessioner, including public access, 
                utilities, and buildings.
                  (E) An estimate of the amount of compensation due an 
                existing concessioner from a new concessioner under the 
                terms of a prior concession contract.
                  (F) A statement as to the weight to be given to each 
                selection factor identified in the prospectus and the 
                relative importance of those factors in the selection 
                process.
                  (G) Other information related to the proposed 
                concession operation that is provided to the Secretary 
                pursuant to a concession contract or is otherwise 
                available to the Secretary, as the Secretary determines 
                is necessary to allow for the submission of competitive 
                proposals.
                  (H) Where applicable, a description of a preferential 
                right to the renewal of the proposed concession 
                contract held by an existing concessioner as set forth 
                in paragraph (7).
          (4) Consideration of proposals.--
                  (A) Minimum requirements.--No proposal shall be 
                considered that fails to meet the minimum requirements 
                as determined by the Secretary. The minimum 
                requirements shall include the following:
                          (i) The minimum acceptable franchise fee or 
                        other forms of consideration to the Federal 
                        Government.
                          (ii) Any facilities, services, or capital 
                        investment required to be provided by the 
                        concessioner.
                          (iii) Measures necessary to ensure the 
                        protection, conservation, and preservation of 
                        resources of the System unit.
                  (B) Rejection of proposal.--The Secretary shall 
                reject any proposal, regardless of the franchise fee 
                offered, if the Secretary determines that--
                          (i) the person, corporation, or entity is not 
                        qualified or is not likely to provide 
                        satisfactory service; or
                          (ii) the proposal is not responsive to the 
                        objectives of protecting and preserving 
                        resources of the System unit and of providing 
                        necessary and appropriate facilities and 
                        services to the public at reasonable rates.
                  (C) All proposals fail to meet mimimum requirements 
                or are rejected.--If all proposals submitted to the 
                Secretary fail to meet the minimum requirements or are 
                rejected by the Secretary, the Secretary shall 
                establish new minimum contract requirements and re-
                initiate the competitive selection process pursuant to 
                this section.
                  (D) Terms and conditions materially amended or not 
                incorporated in contract.--The Secretary may not 
                execute a concession contract that materially amends or 
                does not incorporate the proposed terms and conditions 
                of the concession contract as set forth in the 
                applicable prospectus. If proposed material amendments 
                or changes are considered appropriate by the Secretary, 
                the Secretary shall resolicit offers for the concession 
                contract incorporating the material amendments or 
                changes.
          (5) Selection of the best proposal.--
                  (A) Factors in selection.--In selecting the best 
                proposal, the Secretary shall consider the following 
                principal factors:
                          (i) The responsiveness of the proposal to the 
                        objectives of protecting, conserving, and 
                        preserving resources of the System unit and of 
                        providing necessary and appropriate facilities 
                        and services to the public at reasonable rates.
                          (ii) The experience and related background of 
                        the person, corporation, or entity submitting 
                        the proposal, including the past performance 
                        and expertise of the person, corporation or 
                        entity in providing the same or similar 
                        facilities or services.
                          (iii) The financial capability of the person, 
                        corporation, or entity submitting the proposal.
                          (iv) The proposed franchise fee, except that 
                        consideration of revenue to the United States 
                        shall be subordinate to the objectives of 
                        protecting, conserving, and preserving 
                        resources of the System unit and of providing 
                        necessary and appropriate facilities to the 
                        public at reasonable rates.
                  (B) Secondary factors.--The Secretary may also 
                consider such secondary factors as the Secretary 
                considers appropriate.
                  (C) Development of regulations.--In developing 
                regulations to implement this subchapter, the Secretary 
                shall consider the extent to which plans for employment 
                of Indians (including Native Alaskans) and involvement 
                of businesses owned by Indians, Indian tribes, or 
                Native Alaskans in the operation of a concession 
                contract should be identified as a factor in the 
                selection of a best proposal under this section.
          (6) Congressional notification.--
                  (A) In general.--The Secretary shall submit any 
                proposed concession contract with anticipated annual 
                gross receipts in excess of $5,000,000 or a duration of 
                more than 10 years to the Committee on Natural 
                Resources of the House of Representatives and the 
                Committee on Energy and Natural Resources of the 
                Senate.
                  (B) Waiting period.--The Secretary shall not award 
                any proposed concession contract to which subparagraph 
                (A) applies until at least 60 days subsequent to the 
                notification of both Committees.
          (7) Preferential right of renewal.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall not grant a concessioner a 
                preferential right to renew a concession contract, or 
                any other form of preference to a concession contract.
                  (B) Exception.--The Secretary shall grant a 
                preferential right of renewal to an existing 
                concessioner with respect to proposed renewals of the 
                categories of concession contracts described by 
                paragraph (8), subject to the requirements of that 
                paragraph.
                  (C) Entitlement to award of new contract.--A 
                concessioner that successfully exercises a preferential 
                right of renewal in accordance with the requirements of 
                this subchapter shall be entitled to award of the 
                proposed new concession contract to which the 
                preference applies.
          (8) Outfitter and guide services and small contracts.--
                  (A) Application.--Paragraph (7) shall apply only to 
                the following:
                          (i) Subject to subparagraph (B), concession 
                        contracts that solely authorize the provision 
                        of specialized backcountry outdoor recreation 
                        guide services that require the employment of 
                        specially trained and experienced guides to 
                        accompany System unit visitors in the 
                        backcountry so as to provide a safe and 
                        enjoyable experience for visitors who otherwise 
                        may not have the skills and equipment to engage 
                        in that activity.
                          (ii) Subject to subparagraph (C), concession 
                        contracts with anticipated annual gross 
                        receipts under $500,000.
                  (B) Outfitting and guide concessioners.--
                          (i) Description.--Outfitting and guide 
                        concessioners, where otherwise qualified, 
                        include concessioners that provide guided river 
                        running, hunting, fishing, horseback, camping, 
                        and mountaineering experiences.
                          (ii) When entitled to preferential right.--An 
                        outfitting and guide concessioner is entitled 
                        to a preferential right of renewal under this 
                        subchapter only if--
                                  (I) the contract with the outfitting 
                                and guide concessioner does not grant 
                                the concessioner any interest, 
                                including any leasehold surrender 
                                interest or possessory interest, in 
                                capital improvements on land owned by 
                                the United States within a System unit, 
                                other than a capital improvement 
                                constructed by a concessioner pursuant 
                                to the terms of a concession contract 
                                prior to November 13, 1998, or 
                                constructed or owned by a concessioner 
                                or the concessioner's predecessor 
                                before the subject land was 
                                incorporated into the System;
                                  (II) the Secretary determines that 
                                the concessioner has operated 
                                satisfactorily during the term of the 
                                contract (including any extension); and
                                  (III) the concessioner has submitted 
                                a responsive proposal for a proposed 
                                new concession contract that satisfies 
                                the minimum requirements established by 
                                the Secretary pursuant to paragraph 
                                (4).
                  (C) Contract with estimated gross receipts of less 
                than $500,000.--A concessioner that holds a concession 
                contract that the Secretary estimates will result in 
                gross annual receipts of less than $500,000 if renewed 
                shall be entitled to a preferential right of renewal 
                under this subchapter if--
                          (i) the Secretary has determined that the 
                        concessioner has operated satisfactorily during 
                        the term of the contract (including any 
                        extension); and
                          (ii) the concessioner has submitted a 
                        responsive proposal for a proposed new 
                        concession contract that satisfies the minimum 
                        requirements established by the Secretary 
                        pursuant to paragraph (4).
          (9) New or additional services.--The Secretary shall not 
        grant a preferential right to a concessioner to provide new or 
        additional services in a System unit.
          (10) Authority of secretary not limited.--Nothing in this 
        subchapter shall be construed as limiting the authority of the 
        Secretary to determine whether to issue a concession contract 
        or to establish its terms and conditions in furtherance of the 
        policies expressed in this subchapter.
          (11) Exceptions.--Notwithstanding this section, the Secretary 
        may award, without public solicitation, the following:
                  (A) Temporary contract.--To avoid interruption of 
                services to the public at a System unit, the Secretary 
                may award a temporary concession contract or an 
                extension of an existing concessions contract for a 
                term not to exceed 3 year, except that prior to making 
                the award, the Secretary shall take all reasonable and 
                appropriate steps to consider alternatives to avoid the 
                interruption.
                  (B) Contract in extraordinary circumstances.--The 
                Secretary may award a concession contract in 
                extraordinary circumstances where compelling and 
                equitable considerations require the award of a 
                concession contract to a particular party in the public 
                interest. Award of a concession contract under this 
                subparagraph shall not be made by the Secretary until 
                at least 30 days after--
                          (i) publication in the Federal Register of 
                        notice of the Secretary's intention to award 
                        the contract and the reasons for the action; 
                        and
                          (ii) submission of notice to the Committee on 
                        Energy and Natural Resources of the Senate and 
                        the Committee on Natural Resources of the House 
                        of Representatives.
Sec. 1019.14. Term of concession contracts
  A concession contract entered into pursuant to this subchapter shall 
generally be awarded for a term of 10 years or less. The Secretary may 
award a contract for a term of up to 20 years if the Secretary 
determines that the contract terms and conditions, including the 
required construction of capital improvements, warrant a longer term.
Sec. 1019.15. Protection of concessioner investment
  (a) Definitions.--In this section:
          (1) Capital improvement.--The term ``capital improvement'' 
        means a structure, a fixture, or nonremovable equipment 
        provided by a concessioner pursuant to the terms of a 
        concession contract and located on land of the United States 
        within a System unit.
          (2) Consumer price index.--The term ``Consumer Price Index'' 
        means--
                  (A) the ``Consumer Price Index--All Urban Consumers'' 
                published by the Bureau of Labor Statistics of the 
                Department of Labor; or
                  (B) if the Index is not published, another regularly 
                published cost-of-living index approximating the 
                Consumer Price Index.
  (b) Leasehold Surrender Interest in Capital Improvements.--A 
concessioner that constructs a capital improvement on land owned by the 
United States within a System unit pursuant to a concession contract 
shall have a leasehold surrender interest in the capital improvement 
subject to the following terms and conditions:
          (1) In general.--A concessioner shall have a leasehold 
        surrender interest in each capital improvement constructed by a 
        concessioner under a concession contract, consisting solely of 
        a right to compensation for the capital improvement to the 
        extent of the value of the concessioner's leasehold surrender 
        interest in the capital improvement.
          (2) Pledge, transfer, relinquishment, and waiver of interest; 
        interest not to be extinguished; when interest may be taken for 
        public use.--A leasehold surrender interest--
                  (A) may be pledged as security for financing of a 
                capital improvement or the acquisition of a concession 
                contract when approved by the Secretary pursuant to 
                this subchapter;
                  (B) shall be transferred by the concessioner in 
                connection with any transfer of the concession contract 
                and may be relinquished or waived by the concessioner; 
                and
                  (C) shall not be extinguished by the expiration or 
                other termination of a concession contract and may not 
                be taken for public use except on payment of just 
                compensation.
          (3) Value of interest.--The value of a leasehold surrender 
        interest in a capital improvement shall be an amount equal to 
        the initial value (construction cost of the capital 
        improvement), increased (or decreased) by the same percentage 
        increase (or decrease) as the percentage increase (or decrease) 
        in the Consumer Price Index, from the date of making the 
        investment in the capital improvement by the concessioner to 
        the date of payment of the value of the leasehold surrender 
        interest, less depreciation of the capital improvement as 
        evidenced by the condition and prospective serviceability in 
        comparison with a new unit of like kind.
          (4) Value of interest in certain new concession contracts.--
                  (A) How value is determined.--The Secretary may 
                provide, in any new concession contract that the 
                Secretary estimates will have a leasehold surrender 
                interest of more than $10,000,000, that the value of 
                any leasehold surrender interest in a capital 
                improvement shall be based on--
                          (i) a reduction on an annual basis, in equal 
                        portions, over the same number of years as the 
                        time period associated with the straight line 
                        depreciation of the initial value (construction 
                        cost of the capital improvement), as provided 
                        by applicable Federal income tax laws and 
                        regulations in effect on November 12, 1998; or
                          (ii) an alternative formula that is 
                        consistent with the objectives of this 
                        subchapter.
                  (B) When alternative formula may be used.--The 
                Secretary may use an alternative formula only if the 
                Secretary determines, after scrutiny of the financial 
                and other circumstances involved in the particular 
                concession contract (including providing notice in the 
                Federal Register and opportunity for comment), that the 
                alternative formula is, compared to the standard method 
                of determining value provided for in paragraph (3), 
                necessary to provide a fair return to the Federal 
                Government and to foster competition for the new 
                contract by providing a reasonable opportunity to make 
                a profit under the new contract. If no responsive 
                offers are received in response to a solicitation that 
                includes the alternative formula, the concession 
                opportunity shall be resolicited with the leasehold 
                surrender interest value as described in paragraph (3).
          (5) Increase in value of interest.--Where a concessioner, 
        pursuant to the terms of a concession contract, makes a capital 
        improvement to an existing capital improvement in which the 
        concessioner has a leasehold surrender interest, the cost of 
        the additional capital improvement shall be added to the then-
        current value of the concessioner's leasehold surrender 
        interest.
  (c) Special Rule for Possessory Interest Existing Before November 13, 
1998.--
          (1) In general.--A concessioner that has obtained a 
        possessory interest (as defined pursuant to the Act of October 
        9, 1965 (known as the National Park Service Concessions Policy 
        Act; Public Law 89-249, 79 Stat. 969), as in effect on November 
        12, 1998) under the terms of a concession contract entered into 
        before November 13, 1998, shall, on the expiration or 
        termination of the concession contract, be entitled to receive 
        compensation for the possessory interest improvements in the 
        amount and manner as described by the concession contract. 
        Where that possessory interest is not described in the existing 
        concession contract, compensation of possessory interest shall 
        be determined in accordance with the laws in effect on November 
        12, 1998.
          (2) Existing concessioner awarded a new contract.--A 
        concessioner awarded a new concession contract to replace an 
        existing concession contract after November 13, 1998, instead 
        of directly receiving the possessory interest compensation, 
        shall have a leasehold surrender interest in its existing 
        possessory interest improvements under the terms of the new 
        concession contract and shall carry over as the initial value 
        of the leasehold surrender interest (instead of construction 
        cost) an amount equal to the value of the existing possessory 
        interest as of the termination date of the previous concession 
        contract. In the event of a dispute between the concessioner 
        and the Secretary as to the value of the possessory interest, 
        the matter shall be resolved through binding arbitration.
          (3) New concessioner awarded a contract.--A new concessioner 
        awarded a concession contract and required to pay a prior 
        concessioner for possessory interest in prior improvements 
        shall have a leasehold surrender interest in the prior 
        improvements. The initial value in the leasehold surrender 
        interest (instead of construction cost) shall be an amount 
        equal to the value of the existing possessory interest as of 
        the termination date of the previous concession contract.
  (d) Transition to Successor Concessioner.--On expiration or 
termination of a concession contract entered into after November 13, 
1998, a concessioner shall be entitled under the terms of the 
concession contract to receive from the United States or a successor 
concessioner the value of any leasehold surrender interest in a capital 
improvement as of the date of the expiration or termination. A 
successor concessioner shall have a leasehold surrender interest in the 
capital improvement under the terms of a new concession contract and 
the initial value of the leasehold surrender interest in the capital 
improvement (instead of construction cost) shall be the amount of money 
the new concessioner is required to pay the prior concessioner for its 
leasehold surrender interest under the terms of the prior concession 
contract.
  (e) Title to Improvements.--Title to any capital improvement 
constructed by a concessioner on land owned by the United States in a 
System unit shall be vested in the United States.
Sec. 1019.16. Reasonableness of rates and charges
  (a) In General.--Each concession contract shall permit the 
concessioner to set reasonable and appropriate rates and charges for 
facilities, goods, and services provided to the public, subject to 
approval under subsection (b).
  (b) Approval by Secretary Required.--
          (1) Factors to consider.--A concessioner's rates and charges 
        to the public shall be subject to approval by the Secretary. 
        The approval process utilized by the Secretary shall be as 
        prompt and as unburdensome to the concessioner as possible and 
        shall rely on market forces to establish reasonableness of 
        rates and charges to the maximum extent practicable. The 
        Secretary shall approve rates and charges that the Secretary 
        determines to be reasonable and appropriate. Unless otherwise 
        provided in the concession contract, the reasonableness and 
        appropriateness of rates and charges shall be determined 
        primarily by comparison with those rates and charges for 
        facilities, goods, and services of comparable character under 
        similar conditions, with due consideration to the following 
        factors and other factors deemed relevant by the Secretary:
                  (A) Length of season.
                  (B) Peakloads.
                  (C) Average percentage of occupancy.
                  (D) Accessibility.
                  (E) Availability and costs of labor and materials.
                  (F) Type of patronage.
          (2) Rates and charges not to exceed market rates and 
        charges.--Rates and charges may not exceed the market rates and 
        charges for comparable facilities, goods, and services, after 
        taking into account the factors referred to in paragraph (1).
  (c) Implementation of Recommendations.--Not later than 6 months after 
receiving recommendations from the Advisory Board regarding 
concessioner rates and charges to the public, the Secretary shall 
implement the recommendations or report to Congress the reasons for not 
implementing the recommendations.
Sec. 1019.17. Franchise fees
  (a) In General.--A concession contract shall provide for payment to 
the Federal Government of a franchise fee or other monetary 
consideration as determined by the Secretary, on consideration of the 
probable value to the concessioner of the privileges granted by the 
particular contract involved. Probable value shall be based on a 
reasonable opportunity for net profit in relation to capital invested 
and the obligations of the concession contract. Consideration of 
revenue to the United States shall be subordinate to the objectives of 
protecting and preserving System units and of providing necessary and 
appropriate services for visitors at reasonable rates.
  (b) Provisions To Be Specified in Contract.--The amount of the 
franchise fee or other monetary consideration paid to the United States 
for the term of the concession contract shall be specified in the 
concession contract and may be modified only to reflect extraordinary 
unanticipated changes from the conditions anticipated as of the 
effective date of the concession contract. The Secretary shall include 
in concession contracts with a term of more than 5 years a provision 
that allows reconsideration of the franchise fee at the request of the 
Secretary or the concessioner in the event of extraordinary 
unanticipated changes. The provision shall provide for binding 
arbitration in the event that the Secretary and the concessioner are 
unable to agree on an adjustment to the franchise fee in those 
circumstances.
  (c) Special Account in Treasury.--
          (1) Deposit and availability.--All franchise fees (and other 
        monetary consideration) paid to the United States pursuant to 
        concession contracts shall be deposited in a special account 
        established in the Treasury. Twenty percent of the funds 
        deposited in the special account shall be available for 
        expenditure by the Secretary, without further appropriation, to 
        support activities throughout the System regardless of the 
        System unit in which the funds were collected. The funds 
        deposited in the special account shall remain available until 
        expended.
          (2) Subaccount for each system unit.--There shall be 
        established within the special account a subaccount for each 
        System unit. Each subaccount shall be credited with 80 percent 
        of the franchise fees (and other monetary consideration) 
        collected at a single System unit under concession contracts. 
        The funds credited to the subaccount for a System unit shall be 
        available for expenditure by the Secretary, without further 
        appropriation, for use at the System unit for visitor services 
        and for purposes of funding high-priority and urgently 
        necessary resource management programs and operations. The 
        funds credited to a subaccount shall remain available until 
        expended.
Sec. 1019.18. Transfer or conveyance of concession contracts or 
                    leasehold surrender interests
  (a) Approval of Secretary.--No concession contract or leasehold 
surrender interest may be transferred, assigned, sold, or otherwise 
conveyed or pledged by a concessioner without prior written 
notification to, and approval by, the Secretary.
  (b) Conditions.--The Secretary shall approve a transfer or conveyance 
described in subsection (a) unless the Secretary finds that--
          (1) the individual, corporation, or other entity seeking to 
        acquire a concession contract is not qualified or able to 
        satisfy the terms and conditions of the concession contract;
          (2) the transfer or conveyance would have an adverse impact 
        on--
                  (A) the protection, conservation, or preservation of 
                the resources of the System unit; or
                  (B) the provision of necessary and appropriate 
                facilities and services to visitors at reasonable rates 
                and charges; and
          (3) the terms of the transfer or conveyance are likely, 
        directly or indirectly, to--
                  (A) reduce the concessioner's opportunity for a 
                reasonable profit over the remaining term of the 
                concession contract;
                  (B) adversely affect the quality of facilities and 
                services provided by the concessioner; or
                  (C) result in a need for increased rates and charges 
                to the public to maintain the quality of the facilities 
                and services.
  (c) Modification or Renegotiation of Terms.--The terms and conditions 
of any concession contract under this section shall not be subject to 
modification or open to renegotiation by the Secretary because of a 
transfer or conveyance described in subsection (a) unless the transfer 
or conveyance would have an adverse impact as described in subsection 
(b)(2).
Sec. 1019.19. National Park Service Concessions Management Advisory 
                    Board
  (a) Establishment and Purpose.--There is a National Park Service 
Concessions Management Advisory Board whose purpose shall be to advise 
the Secretary and Service on matters relating to management of 
concessions in the System.
  (b) Duties.--
          (1) Advice.--The Advisory Board shall advise on each of the 
        following:
                  (A) Policies and procedures intended to ensure that 
                services and facilities provided by concessioners--
                          (i) are necessary and appropriate;
                          (ii) meet acceptable standards at reasonable 
                        rates with a minimum of impact on park 
                        resources and values; and
                          (iii) provide the concessioners with a 
                        reasonable opportunity to make a profit.
                  (B) Ways to make Service concession programs and 
                procedures more cost effective, more process efficient, 
                less burdensome, and timelier.
          (2) Recommendations.--The Advisory Board shall make 
        recommendations to the Secretary regarding each of the 
        following:
                  (A) The Service contracting with the private sector 
                to conduct appropriate elements of concession 
                management.
                  (B) Ways to make the review or approval of 
                concessioner rates and charges to the public more 
                efficient, less burdensome, and timelier.
                  (C) The nature and scope of products that qualify as 
                Indian, Alaska Native, and Native Hawaiian handicrafts 
                within the meaning of this subchapter.
                  (D) The allocation of concession fees.
          (3) Annual report.--The Advisory Board shall provide an 
        annual report on its activities to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate.
  (c) Advisory Board Membership.--Members of the Advisory Board shall 
be appointed on a staggered basis by the Secretary for a term not to 
exceed 4 years and shall serve at the pleasure of the Secretary. The 
Advisory Board shall be comprised of not more than 7 individuals 
appointed from among citizens of the United States not in the 
employment of the Federal Government and not in the employment of or 
having an interest in a Service concession. Of the 7 members of the 
Advisory Board--
          (1) one member shall be privately employed in the hospitality 
        industry and have both broad knowledge of hotel or food service 
        management and experience in the parks and recreation 
        concession business;
          (2) one member shall be privately employed in the tourism 
        industry;
          (3) one member shall be privately employed in the accounting 
        industry;
          (4) one member shall be privately employed in the outfitting 
        and guide industry;
          (5) one member shall be a State government employee with 
        expertise in park concession management;
          (6) one member shall be active in promotion of traditional 
        arts and crafts; and
          (7) one member shall be active in a nonprofit conservation 
        organization involved in parks and recreation programs.
  (d) Service on Advisory Board.--Service of an individual as a member 
of the Advisory Board shall not be deemed to be service or employment 
bringing the individual within the provisions of any Federal law 
relating to conflicts of interest or otherwise imposing restrictions, 
requirements, or penalties in relation to the employment of 
individuals, the performance of services, or the payment or receipt of 
compensation in connection with claims, proceedings, or matters 
involving the United States. Service as a member of the Advisory Board 
shall not be deemed service in an appointive or elective position in 
the Federal Government for purposes of section 8344 of title 5 or other 
comparable provisions of Federal law.
  (e) Termination.--The Advisory Board shall continue to exist until 
December 31, 2009. In all other respects, it shall be subject to the 
Federal Advisory Committee Act (5 U.S.C. App.).
Sec. 1019.20. Contracting for services
  (a) Contracting Authorized.--
          (1) Management elements for which contract required.--To the 
        maximum extent practicable, the Secretary shall contract with 
        private entities to conduct or assist in elements of the 
        management of the Service concessions program considered by the 
        Secretary to be suitable for non-Federal performance. Those 
        management elements shall include each of the following:
                  (A) Health and safety inspections.
                  (B) Quality control of concessions operations and 
                facilities.
                  (C) Strategic capital planning for concessions 
                facilities.
                  (D) Analysis of rates and charges to the public.
          (2) Management elements for which contract allowed.--The 
        Secretary may also contract with private entities to assist the 
        Secretary with each of the following:
                  (A) Preparation of the financial aspects of 
                prospectuses for Service concession contracts.
                  (B) Development of guidelines for a System capital 
                improvement and maintenance program for all concession 
                occupied facilities.
                  (C) Making recommendations to the Director regarding 
                the conduct of annual audits of concession fee 
                expenditures.
  (b) Other Management Elements.--The Secretary shall consider, taking 
into account the recommendations of the Advisory Board, contracting out 
other elements of the concessions management program, as appropriate.
  (c) Authority of Secretary Not Diminished.--Nothing in this section 
shall diminish the governmental responsibilities and authority of the 
Secretary to administer concession contracts and activities pursuant to 
this subchapter and chapter 1003 and sections 1009.01(a), 1009.06, 
1021.01, and 1021.02 of this title. The Secretary reserves the right to 
make the final decision or contract approval on contracting services 
dealing with the management of the Service concessions program under 
this section.
Sec. 1019.21. Multiple contracts within a System unit
  If multiple concession contracts are awarded to authorize 
concessioners to provide the same or similar outfitting, guiding, river 
running, or other similar services at the same approximate location or 
resource within a System unit, the Secretary shall establish a 
comparable franchise fee structure for those contracts or similar 
contracts, except that the terms and conditions of any existing 
concession contract shall not be subject to modification or open to 
renegotiation by the Secretary because of an award of a new contract at 
the same approximate location or resource.
Sec. 1019.22. 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 an annual 
extension for an additional 5-year period based on satisfactory 
performance and approval by the Secretary.
Sec. 1019.23. Use of nonmonetary consideration in concession contracts
  Section 1302 of title 40 shall not apply to concession contracts 
awarded by the Secretary pursuant to this subchapter.
Sec. 1019.24. Recordkeeping requirements
  (a) In General.--A concessioner and any subconcessioner shall keep 
such records as the Secretary may prescribe to enable the Secretary to 
determine that all terms of a concession contract have been and are 
being faithfully performed. The Secretary and any authorized 
representative of the Secretary shall, for the purpose of audit and 
examination, have access to those records and to other records of the 
concessioner or subconcessioner pertinent to the concession contract 
and all terms and conditions of the concession contract.
  (b) Access to Records by Comptroller General.--The Comptroller 
General and any authorized representative of the Comptroller General 
shall, until the expiration of 5 calendar years after the close of the 
business year of each concessioner or subconcessioner, have access to 
and the right to examine any pertinent records described in subsection 
(a) of the concessioner or subconcessioner related to the contract 
involved.
Sec. 1019.25. Promotion of sale of Indian, Alaska Native, Native 
                    Samoan, and Native Hawaiian handicrafts
  (a) In General.--Promoting the sale of authentic United States 
Indian, Alaskan Native, Native Samoan, and Native Hawaiian handicrafts 
relating to the cultural, historical, and geographic characteristics of 
System units is encouraged, and the Secretary shall ensure that there 
is a continuing effort to enhance the handicraft trade where it exists 
and establish the trade in appropriate areas where the trade does not 
exist.
  (b) Exemption From Franchise Fee.--In furtherance of the purposes of 
subsection (a), the revenue derived from the sale of United States 
Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts 
shall be exempt from any franchise fee payments under this subchapter.
Sec. 1019.26. Commercial use authorizations
  (a) In General.--To the extent specified in this section, the 
Secretary, on request, may authorize a private person, corporation, or 
other entity to provide services to visitors to System units through a 
commercial use authorization. A commercial use authorization shall not 
be considered to be a concession contract under this subchapter and no 
other section of this subchapter shall be applicable to a commercial 
use authorization except where expressly stated.
  (b) Criteria for Issuance of Commercial Use Authorizations.--
          (1) Required determinations.--The authority of this section 
        may be used only to authorize provision of services that the 
        Secretary determines--
                  (A) will have minimal impact on resources and values 
                of a System unit; and
                  (B) are consistent with the purpose for which the 
                System unit was established and with all applicable 
                management plans and Service policies and regulations.
          (2) Elements of commercial use authorization.--The Secretary 
        shall--
                  (A) require payment of a reasonable fee for issuance 
                of a commercial use authorization, the fees to remain 
                available without further appropriation to be used, at 
                a minimum, to recover associated management and 
                administrative costs;
                  (B) require that the provision of services under a 
                commercial use authorization be accomplished in a 
                manner consistent to the highest practicable degree 
                with the preservation and conservation of System unit 
                resources and values;
                  (C) take appropriate steps to limit the liability of 
                the United States arising from the provision of 
                services under a commercial use authorization;
                  (D) have no authority under this section to issue 
                more commercial use authorizations than are consistent 
                with the preservation and proper management of System 
                unit resources and values; and
                  (E) shall establish other conditions for issuance of 
                a commercial use authorization that the Secretary 
                determines to be appropriate for the protection of 
                visitors, provision of adequate and appropriate visitor 
                services, and protection and proper management of 
                System unit resources and values.
  (c) Limitations.--Any commercial use authorization shall be limited 
to--
          (1) commercial operations with annual gross receipts of not 
        more than $25,000 resulting from services originating and 
        provided solely within a System unit pursuant to the commercial 
        use authorization;
          (2) the incidental use of resources of the System unit by 
        commercial operations that provide services originating and 
        terminating outside the boundaries of the System unit; or
          (3)(A) uses by organized children's camps, outdoor clubs, and 
        nonprofit institutions (including back country use); and
          (B) other uses, as the Secretary determines to be 
        appropriate.
  (d) Nonprofit Institutions.--Nonprofit institutions are not required 
to obtain commercial use authorizations unless taxable income is 
derived by the institution from the authorized use.
  (e) Prohibition on Construction.--A commercial use authorization 
shall not provide for the construction of any structure, fixture, or 
improvement on federally-owned land within the boundaries of a System 
unit.
  (f) Duration.--The term of any commercial use authorization shall not 
exceed 2 years. No preferential right of renewal or similar provisions 
for renewal shall be granted by the Secretary.
  (g) Other Contracts.--A person, corporation, or other entity seeking 
or obtaining a commercial use authorization shall not be precluded from 
submitting a proposal for concession contracts.
Sec. 1019.27. Regulations
  (a) In General.--The Secretary shall prescribe regulations 
appropriate for the implementation of this subchapter.
  (b) Contents.--The regulations--
          (1) shall include appropriate provisions to ensure that 
        concession services and facilities to be provided in a System 
        unit are not segmented or otherwise split into separate 
        concession contracts for the purposes of seeking to reduce 
        anticipated annual gross receipts of a concession contract 
        below $500,000; and
          (2) shall further define the term ``United States Indian, 
        Alaskan Native, and Native Hawaiian handicrafts'' for the 
        purposes of this subchapter.

         CHAPTER 1021--PRIVILEGES, LEASES, RENTALS, AND PERMITS

Sec.
1021.01.  General provisions.
1021.02.  Disposal of timber.
1021.03.  Authority of Secretary to enter into lease for buildings and 
          associated property.
1021.04.  Maintenance and repair of Federal Government improvements 
          under concession contracts.
Sec. 1021.01. General provisions
  (a) Limitation.--
          (1) No lease, rental, or privilege that interferes with free 
        access.--No natural curiosity, wonder, or object of interest 
        shall be leased, rented, or granted to anyone on such terms as 
        to interfere with free access by the public to any System unit.
          (2) Exception for grazing livestock.--The Secretary, under 
        such regulations and on such terms as the Secretary may 
        prescribe, may grant the privilege to graze livestock within a 
        System unit when, in the Secretary's judgment, the use is not 
        detrimental to the primary purpose for which the System unit 
        was created. This paragraph does not apply to Yellowstone 
        National Park.
  (b) Advertising and Competitive Bids Not Required.--The Secretary may 
grant privileges, leases, and permits described in subsection (a) and 
enter into related contracts with responsible persons, firms, or 
corporations without advertising and without securing competitive bids.
  (c) Assignment or Transfer.-- No contract, lease, permit, or 
privilege described in subsection (a) or (b) that is entered into or 
granted shall be assigned or transferred by the grantee, permittee, or 
licensee without the prior written approval of the Secretary.
Sec. 1021.02. Disposal of timber
  The Secretary, on terms and conditions to be fixed by the Secretary, 
may sell or dispose of timber in cases where, in the judgment of the 
Secretary, the cutting of timber is required to control attacks of 
insects or diseases or otherwise conserve the scenery or the natural or 
historic objects in any System unit.
Sec. 1021.03. Authority of Secretary to enter into lease for buildings 
                    and associated property
  (a) In General.--To facilitate the administration of the System, the 
Secretary, under such terms and conditions as the Secretary may 
consider advisable, and except as provided in subsection (b) and 
subject to subsection (c), may enter into a lease with any person or 
government entity for the use of buildings and associated property 
administered by the Secretary as part of the System.
  (b) Prohibited Activities.--The Secretary may not use a lease under 
subsection (a) to authorize the lessee to engage in activities that are 
subject to authorization by the Secretary through a concession 
contract, commercial use authorization, or similar instrument.
  (c) Use.--Buildings and associated property leased under subsection 
(a)--
          (1) shall be used for an activity that is consistent with the 
        purposes established by law for the System unit in which the 
        building is located;
          (2) shall not result in degradation of the purposes and 
        values of the System unit; and
          (3) shall be compatible with Service programs.
  (d) Rental Amounts.--
          (1) In general.--With respect to a lease under subsection 
        (a)--
                  (A) payment of fair market value rental shall be 
                required; and
                  (B) section 1302 of title 40 shall not apply.
          (2) Adjustment.--The Secretary may adjust the rental amount 
        as appropriate to take into account any amounts to be expended 
        by the lessee for preservation, maintenance, restoration, 
        improvement, or repair and related expenses.
  (e) Special Account.--
          (1) Deposits.--Rental payments under a lease under subsection 
        (a) shall be deposited in a special account in the Treasury.
          (2) Availability.--Amounts in the special account shall be 
        available until expended, without further appropriation, for 
        infrastructure needs at System units, including--
                  (A) facility refurbishment;
                  (B) repair and replacement;
                  (C) infrastructure projects associated with park 
                resource protection; and
                  (D) direct maintenance of the leased buildings and 
                associated properties.
          (3) Accountability and results.--The Secretary shall develop 
        procedures for the use of the special account that ensure 
        accountability and demonstrated results consistent with this 
        section and sections 1001.01, 1005.03, 1005.06, 1009.01(b), 
        1009.02(1) and (2), 1009.09(a) and (d), 1009.10, 1013.01(1)(A) 
        and (2) to (4), 1013.05, 1017.02(b) and (c), 1019.01(1), 
        1029.01, and 1029.02 of this title.
  (f) Regulations.--The Secretary shall prescribe regulations 
implementing this section that include provisions to encourage and 
facilitate competition in the leasing process and provide for timely 
and adequate public comment.
Sec. 1021.04. Maintenance and repair of Federal Government improvements 
                    under concession contracts
  Privileges, leases, and permits granted by the Secretary for the use 
of land for the accommodation of System unit visitors, pursuant to 
sections 1009.01(a), 1009.06, 1021.01, and 1021.02 of this title, may 
provide for the maintenance and repair of Federal Government 
improvements by the grantee notwithstanding section 1302 of title 40 or 
any other provision of law.

             CHAPTER 1023--SYSTEM UNIT RESOURCE PROTECTION

Sec.
1023.01.  Definitions.
1023.02.  Liability.
1023.03.  Actions.
1023.04.  Use of recovered amounts.
1023.05.  Donations.
Sec. 1023.01. Definitions
  In this chapter:
          (1) Damages.--The term ``damages'' includes--
                  (A) compensation for--
                          (i)(I) the cost of replacing, restoring, or 
                        acquiring the equivalent of a System unit 
                        resource; and
                          (II) the value of any significant loss of use 
                        of a System unit resource pending its 
                        restoration or replacement or the acquisition 
                        of an equivalent resource; or
                          (ii) the value of the System unit resource if 
                        the System unit resource cannot be replaced or 
                        restored; and
                  (B) the cost of a damage assessment under section 
                1023.03(b) of this title.
          (2) Response costs.--The term ``response costs'' means the 
        costs of actions taken by the Secretary to--
                  (A) prevent or minimize destruction or loss of or 
                injury to a System unit resource;
                  (B) abate or minimize the imminent risk of the 
                destruction, loss, or injury; and
                  (C) monitor ongoing effects of incidents causing the 
                destruction, loss, or injury.
          (3) System unit resource.--
                  (A) In general.--The term ``System unit resource'' 
                means any living or non-living resource that is located 
                within the boundaries of a System unit.
                  (B) Exclusion.--The term ``System unit resource'' 
                does not include a resource owned by a non-Federal 
                entity.
Sec. 1023.02. Liability
  (a) In General.--Subject to subsection (c), any person that destroys, 
causes the loss of, or injures any System unit resource is liable to 
the United States for response costs and damages resulting from the 
destruction, loss, or injury.
  (b) Liability In Rem.--Any instrumentality, including a vessel, 
vehicle, aircraft, or other equipment, that destroys, causes the loss 
of, or injures any System unit resource shall be liable in rem to the 
United States for response costs and damages resulting from the 
destruction, loss, or injury to the same extent as a person is liable 
under subsection (a).
  (c) Defenses.--A person is not liable under this section if--
          (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 third party, other than an employee or 
        agent of the person; or
          (3) the destruction, loss, or injury to the System unit 
        resource was caused by an activity authorized by Federal or 
        State law.
  (d) Scope.--Liability under this section is in addition to any other 
liability that may arise under Federal or State law.
Sec. 1023.03. Actions
  (a) Civil Action for Response Costs and Damages.--The Attorney 
General, on request of the Secretary after a finding by the Secretary 
of destruction, loss, or injury to a System unit resource or a finding 
that absent the undertaking of response costs, destruction, loss, or 
damage to a System unit resource would have occurred, may bring a civil 
action in United States district court against any person or 
instrumentality that may be liable under section 1023.02 of this title 
for response costs and damages. The Secretary shall submit a request 
for the action to the Attorney General whenever a person or 
instrumentality may be liable for those costs and damages under section 
1023.02 of this title.
  (b) Response Actions and Assessment of Damages.--
          (1) Actions to prevent or minimize destruction, loss, or 
        injury.--The Secretary shall undertake all necessary actions to 
        prevent or minimize the destruction, loss of, or injury to 
        System unit resources, or to minimize the imminent risk of such 
        destruction, loss, or injury.
          (2) Assessment and monitoring.--The Secretary shall assess 
        and monitor destruction, loss, or injury to System unit 
        resources.
Sec. 1023.04. Use of recovered amounts
  (a) Limitation on Use.--Response costs and damages recovered by the 
Secretary under this chapter or amounts recovered by the Federal 
Government under any Federal, State, or local law or regulation or 
otherwise as a result of destruction, loss of, or injury to any System 
unit resource shall be available to the Secretary and without further 
Congressional action may be used only as follows:
          (1) Reimbursement.--To reimburse response costs and damage 
        assessments by the Secretary or other Federal agencies as the 
        Secretary considers appropriate.
          (2) Restoration and replacement.--To restore, replace, or 
        acquire the equivalent of System unit resources that were the 
        subject of the action and to monitor and study those System 
        unit resources. The funds may not be used to acquire any land 
        or water, interest in land or water, or right to land or water 
        unless the acquisition is specifically approved in advance in 
        appropriations Acts. The acquisition shall be subject to any 
        limitations contained in the legislation authorizing the System 
        unit.
  (b) Excess Amounts.--Any amounts remaining after expenditures 
pursuant to paragraphs (1) and (2) of subsection (a) shall be deposited 
in the Treasury.
Sec. 1023.05. 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.

               CHAPTER 1025--VOLUNTEERS IN PARKS PROGRAMS

Sec.
1025.01.  Establishment of program.
1025.02.  Incidental expenses.
1025.03.  Federal employee status for volunteers.
1025.04.  Authorization of appropriations.
Sec. 1025.01. Establishment of program
  The Secretary may recruit, train, and accept, without regard to 
chapter 51 and subchapter III of chapter 53 of title 5 or regulations 
prescribed under that chapter or subchapter, the services of 
individuals without compensation as volunteers for or in aid of 
interpretive functions or other visitor services or activities in and 
related to System units. In accepting those services, the Secretary 
shall not permit the use of volunteers in hazardous duty or law 
enforcement work or in policymaking processes, or to displace any 
employee. The services of individuals whom the Secretary determines are 
skilled in performing hazardous activities may be accepted.
Sec. 1025.02. Incidental expenses
  The Secretary may provide for incidental expenses of volunteers, such 
as transportation, uniforms, lodging, and subsistence.
Sec. 1025.03. Federal employee status for volunteers
  (a) Employment Status of Volunteers.--Except as otherwise provided in 
this section, a volunteer shall not be deemed a Federal employee and 
shall not be subject to the provisions of law relating to Federal 
employment, including those relating to hours of work, rates of 
compensation, leave, unemployment compensation, and Federal employee 
benefits.
  (b) Tort Claims.--For the purpose of sections 1346(b) and 2401(b) and 
chapter 171 of title 28, a volunteer under this chapter shall be deemed 
a Federal employee.
  (c) Volunteers Deemed Civil Employees.--For the purposes of 
subchapter I of chapter 81 of title 5, volunteers under this chapter 
shall be deemed civil employees of the United States within the meaning 
of the term ``employee'' as defined in section 8101 of title 5, and 
subchapter I of chapter 81 of title 5 shall apply.
  (d) Compensation for Losses and Damages.--For the purpose of claims 
relating to damage to, or loss of, personal property of a volunteer 
incident to volunteer service, a volunteer under this chapter shall be 
deemed a Federal employee, and section 3721 of title 31 shall apply.
Sec. 1025.04. Authorization of appropriations
  There are authorized to be appropriated such amounts as are necessary 
to carry out this chapter, but not more than $3,500,000 shall be 
appropriated in any one year.

                         CHAPTER 1027--MUSEUMS

Sec.
1027.01.  Purpose.
1027.02.  Definition.
1027.03.  Authority of Secretary.
1027.04.  Review and approval.
1027.05.  Disposal of unnecessary or duplicate museum objects.
Sec. 1027.01. Purpose
  The purpose of this chapter is to increase the public benefits from 
museums established within System units and the Department of the 
Interior Museum as a means of informing the public concerning the areas 
and preserving valuable objects and relics relating to the areas.
Sec. 1027.02. Definition
  (a) In General.--In this chapter, the term ``museum object'' means an 
object that--
          (1) is eligible to be, or is made part of, a museum, library, 
        or archive collection through a formal procedure, such as 
        accessioning; and
          (2) is usually movable.
  (b) Inclusions.--In this chapter, the term ``museum object'' includes 
a prehistoric or historic artifact, work of art, book, document, 
photograph, or natural history specimen.
Sec. 1027.03. Authority of Secretary
  Notwithstanding other provisions or limitations of law, the Secretary 
may perform the following functions in the manner that the Secretary 
considers to be in the public interest:
          (1) Donations and bequests.--The Secretary may accept 
        donations and bequests of money or other personal property, and 
        hold, use, expend, and administer the money or other personal 
        property for purposes of this chapter.
          (2) Purchases.--The Secretary may purchase museum objects and 
        other personal property at prices that the Secretary considers 
        to be reasonable.
          (3) Exchanges.--The Secretary may make exchanges by accepting 
        museum objects and other personal property and by granting in 
        exchange for the museum objects or other personal property 
        museum property under the administrative jurisdiction of the 
        Secretary that no longer is needed or that may be held in 
        duplicate among the museum properties administered by the 
        Secretary. Exchanges shall be consummated on a basis that the 
        Secretary considers to be equitable and in the public interest.
          (4) Accepting loans of property.--The Secretary may accept 
        the loan of museum objects and other personal property and pay 
        transportation costs incidental to the museum objects or other 
        personal property. Loans shall be accepted on terms and 
        conditions that the Secretary considers necessary.
          (5) Loaning property.--The Secretary may loan to responsible 
        public or private organizations, institutions, or agencies, 
        without cost to the United States, such museum objects and 
        other personal property as the Secretary shall consider 
        advisable. Loans shall be made on terms and conditions that the 
        Secretary considers necessary to protect the public interest in 
        those properties.
          (6) Transfer of museum objects.--The Secretary may transfer 
        museum objects that the Secretary determines are no longer 
        needed for museum purposes to qualified Federal agencies, 
        including the Smithsonian Institution, that have programs to 
        preserve and interpret cultural or natural heritage, and accept 
        the transfer of museum objects for the purposes of this chapter 
        from any other Federal agency, without reimbursement. The head 
        of any other Federal agency may transfer, without 
        reimbursement, museum objects directly to the administrative 
        jurisdiction of the Secretary for the purpose of this chapter.
          (7) Destruction of museum objects.--The Secretary may destroy 
        or cause to be destroyed museum objects that the Secretary 
        determines to have no scientific, cultural, historic, 
        educational, esthetic, or monetary value.
          (8) Conveyance of museum objects.--The Secretary may convey 
        museum objects that the Secretary determines are no longer 
        needed for museum purposes, without monetary consideration but 
        subject to such terms and conditions as the Secretary considers 
        necessary, to private institutions exempt from Federal taxation 
        under section 501(c)(3) of the Internal Revenue Code of 1986 
        (26 U.S.C. 501(c)(3)) and to non-Federal governmental entities 
        if the Secretary determines that the recipient is dedicated to 
        the preservation and interpretation of natural or cultural 
        heritage and is qualified to manage the property, prior to any 
        conveyance under this paragraph and paragraphs (6) and (7).
Sec. 1027.04. 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 section 1027.03(6), (7), or (8) 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 section 1027.03(6), (7), or (8) of this title.
Sec. 1027.05. Disposal of unnecessary or duplicate museum objects
  The Secretary may dispose of objects no longer needed for the 
Department of the Interior Museum or held in duplicate among museum 
properties and apply the proceeds to the purchase of museum objects and 
other personal property at reasonable prices.

         CHAPTER 1029--LAW ENFORCEMENT AND EMERGENCY ASSISTANCE

                      Subchapter I--Law Enforcement

Sec.
1029.01.  Law enforcement personnel within System.
1029.02.  Crime prevention assistance.

                   Subchapter II--Emergency Assistance

1029.11.  Authority of Secretary to carry out certain activities.
1029.12.  Aid to visitors, grantees, permittees, or licensees in 
          emergencies.

                     Subchapter I--Law Enforcement

Sec. 1029.01. Law enforcement personnel within System
  (a) Officers and Employees of the Department of the Interior.--
          (1) Designation authority of secretary.--The Secretary, 
        pursuant to standards prescribed in regulations by the 
        Secretary, may designate certain officers or employees of the 
        Department of the Interior who shall maintain law and order and 
        protect individuals and property within System units.
          (2) Powers and duties of designees.--In the performance of 
        the duties described in paragraph (1), the designated officers 
        or employees may--
                  (A) carry firearms;
                  (B) make arrests without warrant for any offense 
                against the United States committed in the presence of 
                the officer or employee, or for any felony cognizable 
                under the laws of the United States if the officer or 
                employee has reasonable grounds to believe that the 
                individual to be arrested has committed or is 
                committing the felony, provided the arrests occur 
                within the System or the individual to be arrested is 
                fleeing from the System to avoid arrest;
                  (C) execute any warrant or other process issued by a 
                court or officer of competent jurisdiction for the 
                enforcement of the provisions of any Federal law or 
                regulation issued pursuant to law arising out of an 
                offense committed in the System or, where the 
                individual subject to the warrant or process is in the 
                System, in connection with any Federal offense; and
                  (D) conduct investigations of offenses against the 
                United States committed in the System in the absence of 
                investigation of the offenses by any other Federal law 
                enforcement agency having investigative jurisdiction 
                over the offense committed or with the concurrence of 
                the other agency.
  (b) Other Individuals.--The Secretary may designate officers and 
employees of any other Federal agency, or law enforcement personnel of 
a State or political subdivision of a State, when determined to be 
economical and in the public interest and with the concurrence of that 
agency, State, or subdivision, to--
          (1) act as special police officers in System units when 
        supplemental law enforcement personnel may be needed; and
          (2) exercise the powers and authority provided by 
        subparagraphs (A) to (D) of subsection (a)(2).
  (c) Cooperation with States and Political Subdivisions.--The 
Secretary may--
          (1) 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;
          (2) mutually waive, in any agreement pursuant to paragraph 
        (1) and subsection (b) 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
          (3) 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 
        subsection (b).
  (d) Supplemental Authority; Delegation of Service Law Enforcement 
Responsibilities Not Authorized.--Subsections (b) and (c) supplement 
the law enforcement responsibilities of the Service and do not 
authorize the delegation of law enforcement responsibilities of the 
Service to State and local governments.
  (e) Special Police Officers Not Deemed Federal Employees.--
          (1) In general.--Except as otherwise provided in this 
        subsection, a law enforcement officer of a State or political 
        subdivision of a State designated to act as a special police 
        officer under subsection (b) shall not be deemed a Federal 
        employee and shall not be subject to the provisions of law 
        relating to Federal employment, including those relating to 
        hours of work, rates of compensation, leave, unemployment 
        compensation, and Federal benefits.
          (2) Exceptions.--A law enforcement officer of a State or 
        political subdivision of a State, when acting as a special 
        police officer under subsection (b), is deemed to be--
                  (A) a Federal employee for purposes of sections 
                1346(b) and 2401(b) and chapter 171 of title 28; and
                  (B) 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.
  (f) Federal Investigative Jurisdiction and State Civil and Criminal 
Jurisdiction Not Preempted.--This section and sections 1001.01, 
1005.03, 1005.06, 1009.01(b), 1009.02(1) and (2), 1009.09(a) and (d), 
1009.10, 1013.01(1)(A) and (2) to (4), 1013.05, 1017.02(b) and (c), 
1019.01(1), 1021.03, and 1029.02 of this title shall not be construed 
or applied to limit or restrict the investigative jurisdiction of any 
Federal law enforcement agency other than the Service, and nothing 
shall be construed or applied to affect any right of a State or 
political subdivision of a State to exercise civil and criminal 
jurisdiction within the System.
Sec. 1029.02. Crime prevention assistance
  (a) Recommendations for Improvement.--The Secretary shall direct the 
chief official responsible for law enforcement within the Service to--
          (1) compile a list of System units with the highest rates of 
        violent crime;
          (2) make recommendations concerning capital improvements, and 
        other measures, needed within the System to reduce the rates of 
        violent crime, including the rate of sexual assault; and
          (3) publish the information required by paragraphs (1) and 
        (2) in the Federal Register.
  (b) Distribution of Funds.--Based on the recommendations and list 
issued pursuant to subsection (a), the Secretary shall distribute the 
funds authorized by subsection (d) throughout the System. Priority 
shall be given to areas with the highest rates of sexual assault.
  (c) Use of Funds.--Funds provided under this section may be used--
          (1) to increase lighting within or adjacent to System units;
          (2) to provide emergency phone lines to contact law 
        enforcement or security personnel in areas within or adjacent 
        to System units;
          (3) to increase security or law enforcement personnel within 
        or adjacent to System units; or
          (4) for any other project intended to increase the security 
        and safety of System units.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Violent Crime Reduction Trust Fund not to 
exceed $10,000,000 for the Secretary to take all necessary actions to 
seek to reduce the incidence of violent crime in the System.

                  Subchapter II--Emergency Assistance

Sec. 1029.11. Authority of Secretary to carry out certain activities
  To facilitate the administration of the System, the Secretary may 
render emergency rescue, firefighting, and cooperative assistance to 
nearby law enforcement and fire prevention agencies and for related 
purposes outside the System.
Sec. 1029.12. Aid to visitors, grantees, permittees, or licencees in 
                    emergencies
  (a) Visitors.--The Secretary may aid visitors within a System unit in 
an emergency, when no other source is available for the procurement of 
food or supplies, by the sale, at cost, of food or supplies in 
quantities sufficient to enable the visitors to reach safely a point 
where food or supplies can be purchased. Receipts from the sales shall 
be deposited as a refund to the appropriation current at the date of 
the deposit and shall be available for the purchase of similar food or 
supplies.
  (b) Grantees, Permittees, and Licensees.--The Secretary may in an 
emergency, when no other source is available for the immediate 
procurement of supplies, materials, or special services, aid grantees, 
permittees, or licensees conducting operations for the benefit of the 
public in a System unit by the sale, at cost, including transportation 
and handling, of supplies, materials, or special services as may be 
necessary to relieve the emergency and ensure uninterrupted service to 
the public. Receipts from the sales shall be deposited as a refund to 
the appropriation current at the date of the deposit and shall be 
available for expenditure for System unit purposes.

           CHAPTER 1031--MINING ACTIVITY WITHIN SYSTEM UNITS

Sec.
1031.01.  Findings and declaration of policy.
1031.02.  Preservation and management of System units by Secretary; 
          promulgation of regulations.
1031.03.  Recordation of mining claims; publication of notice.
1031.04.  Report on finding or notification of potential damage to 
          natural and historical landmarks.
1031.05.  Civil actions for just compensation by mining claim holders.
1031.06.  Acquisition of land by Secretary.
1031.07.  Financial disclosure by officer or employee of Secretary.
Sec. 1031.01. Findings and declaration of policy
  The Congress finds and declares that--
          (1) continued application of the mining laws of the United 
        States to System units to which the mining laws apply conflicts 
        with the purposes for which the System units were established; 
        and
          (2) all mining operations in System units should be conducted 
        so as to prevent or minimize damage to the environment and 
        other resource values.
Sec. 1031.02. 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 chapter 
1003 and sections 1009.01(a), 1009.06, 1021.01, and 1021.02 of this 
title and the individual organic Acts for the System units, all 
activities resulting from the exercise of valid existing mineral rights 
on patented or unpatented mining claims within any System unit shall be 
subject to such regulations prescribed by the Secretary as the 
Secretary considers necessary or desirable for the preservation and 
management of the System units.
Sec. 1031.03. 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 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 thereafter.
Sec. 1031.04. 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 
archaeological authority that a district, site, building, structure, or 
object that has been found to be nationally significant in illustrating 
natural history or the history of the United States and that has been 
designated as a natural or historic landmark may be irreparably lost or 
destroyed in whole or in part by any surface mining activity, including 
exploration for or removal or production of minerals or materials, the 
Secretary shall notify the person conducting the activity and submit a 
report on the findings or notification, including the basis for the 
Secretary's finding that the activity may cause irreparable loss or 
destruction of a national landmark, to the Advisory Council on Historic 
Preservation, with a request for advice of the Council as to 
alternative measures that may be taken by the United States to mitigate 
or abate the activity.
Sec. 1031.05. Civil actions for just compensation by mining claim 
                    holders
  The holder of any patented or unpatented mining claim subject to this 
chapter that believes the holder has suffered a loss by operation of 
this chapter, or by orders or regulations issued pursuant to this 
chapter, may bring a civil action in United States district court to 
recover just compensation, which shall be awarded if the court finds 
that the loss constitutes a taking of property compensable under the 
Constitution.
Sec. 1031.06. Acquisition of land by Secretary
  Nothing in this chapter shall be construed to limit the authority of 
the Secretary to acquire land and interests in land within the boundary 
of any System unit. The Secretary shall give prompt and careful 
consideration to any offer made by the owner of any valid right or 
other property in Glacier Bay National Monument, Death Valley National 
Monument, Organ Pipe Cactus National Monument, or Mount McKinley 
National Park to sell the right or other property if the owner notifies 
the Secretary that the continued ownership of the right or property is 
causing, or would result in, undue hardship.
Sec. 1031.07. Financial disclosure by officer or employee of Secretary
  (a) Written Statements.-Each officer or employee of the Secretary 
who--
          (1) performs any function or duty under this chapter, 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 chapter or any Act 
                amended by the Mining in the Parks Act (Public Law 94-
                429, 90 Stat. 1342); or
                  (B) in any person who holds a mining claim within the 
                boundary of any System unit;
shall annually file with the Secretary a written statement concerning 
all such interests held by the officer or employee during the preceding 
calendar year. The statement shall be available to the public.
  (b) Monitoring and Enforcement Procedures.--The Secretary shall--
          (1) prescribe regulations that--
                  (A) define the term ``known financial interest'' for 
                purposes of subsection (a); and
                  (B) 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
          (2) submit to Congress on June 1 of each year a report with 
        respect to the disclosures and the actions taken in regard to 
        the disclosures during the preceding calendar year.
  (c) Exemptions.--In the regulations prescribed under subsection (b), 
the Secretary may identify specific positions within the Department of 
the Interior that are of a nonregulatory or nonpolicymaking nature and 
provide that officers or employees occupying those positions shall be 
exempt from the requirements of this section.
  (d) Criminal Penalty.--Any officer or employee who is subject to, and 
knowingly violates, this section or any regulation prescribed under 
this section shall be fined under title 18, imprisoned not more than 
one year, or both.

                      CHAPTER 1033--LAND TRANFERS

Sec.
1033.01.  Conveyance of property and interests in property in System 
          units or related areas.
Sec. 1033.01. Conveyance of property and interests in property in 
                    System units or related areas
  (a) Freehold and Leasehold Interests.--With respect to any property 
acquired by the Secretary within a System unit or related area, except 
property within national parks or within national monuments of 
scientific significance, the Secretary may convey a freehold or 
leasehold interest in the property, subject to such terms and 
conditions as will ensure the use of the property in a manner that is, 
in the judgment of the Secretary, consistent with the purpose for which 
the System unit or related area was authorized by Congress. The 
Secretary shall convey the interest to the highest bidder, in 
accordance with such regulations as the Secretary may prescribe. The 
conveyance shall be at not less than the fair market value of the 
interest, as determined by the Secretary, except that if the conveyance 
is proposed within 2 years after the property to be conveyed is 
acquired by the Secretary, the Secretary shall allow the last owner of 
record of the property 30 days following the date on which the owner is 
notified by the Secretary in writing that the property is to be 
conveyed within which to notify the Secretary that the owner wishes to 
acquire the interest. On receiving the timely request, the Secretary 
shall convey the interest to the person, in accordance with such 
regulations as the Secretary may prescribe, on payment or agreement to 
pay an amount equal to the highest bid price.
  (b) Exchange of Land.--
          (1) In general.--The Secretary may accept title to any non-
        Federal property or interest in property within a System unit 
        or related area under the Secretary's administration in 
        exchange for any Federally-owned property or interest under the 
        Secretary's jurisdiction that the Secretary determines is 
        suitable for exchange or other disposal and that is located in 
        the same State as the non-Federal property to be acquired.
          (2) Exception.--Timberland subject to harvest under a 
        sustained yield program shall not be exchanged under paragraph 
        (1).
          (3) Public hearing.--On request of a State or a political 
        subdivision thereof, or of a party in interest, prior to an 
        exchange under this subsection the Secretary shall hold a 
        public hearing in the area where the properties to be exchanged 
        are located.
          (4) Values of properties exchanged.--The values of the 
        properties exchanged--
                  (A) shall be approximately equal; or
                  (B) if they are not approximately equal, shall be 
                equalized by the payment of cash to the grantor from 
                funds appropriated for the acquisition of land for the 
                area, or to the Secretary, as the circumstances 
                require.
  (c) Solid Waste Disposal Operations.--
          (1) In general--To protect the air, land, water, and natural 
        and cultural values of the System and the property of the 
        United States in the System, no solid waste disposal site 
        (including any site for the disposal of domestic or industrial 
        solid waste) may be operated within the boundary of any System 
        unit, other than--
                  (A) a site that was operating as of September 1, 
                1984; or
                  (B) 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.
          (2) Regulations.--The Secretary shall prescribe regulations 
        to carry out this subsection, including reasonable regulations 
        to mitigate the adverse effects of solid waste disposal sites 
        in operation as of September 1, 1984, on property of the United 
        States.
  (d) Proceeds Credited to Land and Water Conservation Fund.--The 
proceeds received from any conveyance under this section shall be 
credited to the Land and Water Conservation Fund.

              CHAPTER 1035--APPROPRIATIONS AND ACCOUNTING

Sec.
1035.01.  Availability and use of appropriations.
1035.02.  Appropriations authorized and available for certain purposes.
1035.03.  Amounts provided by private entities for utility services.
1035.04.  Recovery of costs associated with special use permits.
Sec. 1035.01. Availability and use of appropriations
  (a) Credits of Receipts for Meals and Quarters Furnished Federal 
Government Employees in the Field.--Cash collections and payroll 
deductions made for meals and quarters furnished by the Service to 
employees of the Federal Government in the field and to cooperating 
agencies may be credited as a reimbursement to the current 
appropriation for the administration of the System unit in which the 
accommodations are furnished.
  (b) Availability for Expense of Recording Donated Land.--
Appropriations made for the Service shall be available for any expenses 
incident to the preparation and recording of title evidence covering 
land to be donated to the United States for administration by the 
Service.
  (c) Use of Funds for Law Enforcement and Emergencies.--
          (1) In general.--Funds, not to exceed $250,000 per incident, 
        available to the Service may be used, with the approval of the 
        Secretary, to--
                  (A) maintain law and order in emergency and other 
                unforeseen law enforcement situations; and
                  (B) conduct emergency search and rescue operations in 
                the System.
          (2) Replenishment of funds.--If the Secretary expends funds 
        under paragraph (1), the funds shall be replenished by a 
        supplemental appropriation for which the Secretary shall make a 
        request as promptly as possible.
  (d) Contribution for Annuity Benefits.--
          (1) In general.--Necessary amounts are appropriated for 
        reimbursement, pursuant to the Policemen and Firemen's 
        Retirement and Disability Act amendments of 1957 (Public Law 
        85-157, 71 Stat. 391), to the District of Columbia on a monthly 
        basis for benefit payments by the District of Columbia to 
        United States Park Police annuitants under section 12 of the 
        Policemen and Firemen's Retirement and Disability Act (ch. 433, 
        39 Stat. 718), to the extent that those payments exceed 
        contributions made by active Park Police members covered under 
        the Policemen and Firemen's Retirement and Disability Act.
          (2) Nonavailability of appropriations to the service.--
        Appropriations made to the Service are not available for the 
        purpose of making reimbursements under paragraph (1).
  (e) Waterproof Footwear.--Appropriations for the Service that are 
available for the purchase of equipment may be used for purchase of 
waterproof footwear, which shall be regarded and listed as System 
equipment.
Sec. 1035.02. Appropriations authorized and available for certain 
                    purposes
  Appropriations for the Service are authorized and are available for--
          (1)(A) necessary protection of the area of federally owned 
        land in the custody of the Service known as the Ocean Strip and 
        Queets Corridor, adjacent to Olympic National Park, Washington;
          (B) necessary repairs to the roads from Glacier Park Station 
        through the Blackfeet Indian Reservation to the various points 
        in the boundary line of Glacier National Park, Montana, and the 
        international boundary;
          (C) repair and maintenance of approximately 2.77 miles of 
        road leading from United States Highway 187 to the north 
        entrance of Grand Teton National Park, Wyoming;
          (D) maintenance of approach roads through the Lassen National 
        Forest leading to Lassen Volcanic National Park, California;
          (E) maintenance and repair of the Generals Highway between 
        the boundaries of Sequoia National Park, California, and the 
        Grant Grove section of Kings Canyon National Park, California;
          (F) maintenance of approximately 2.25 miles of roads 
        comprising the portions of the Fresno-Kings Canyon approach 
        road, Park Ridge Lookout Road, and Ash Mountain-Advance truck 
        trail necessary to the administration and protection of Sequoia 
        National Park and Kings Canyon National Park;
          (G) maintenance of the roads in the national forests leading 
        out of Yellowstone National Park, Wyoming, Idaho, and Montana;
          (H) maintenance of the road in the Stanislaus National Forest 
        connecting the Tioga Road with the Hetch Hetchy Road near 
        Mather Station, Yosemite National Park, California;
          (I) maintenance and repair of the approach road to the Little 
        Bighorn Battlefield National Monument and the road connecting 
        that monument with the Reno Monument site, Montana; and
          (J) repair and maintenance of the class C road lying between 
        the terminus of F.A. 383 at the east boundary of Coronado 
        National Forest and the point where that class C road enters 
        Coronado National Memorial in the vicinity of Montezuma Pass, 
        approximately 5.3 miles;
          (2) administration, protection, improvement, and maintenance 
        of areas, under the jurisdiction of other Federal agencies, 
        that are devoted to recreational use pursuant to cooperative 
        agreements;
          (3) 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;
          (4) administration, protection, maintenance, and improvement 
        of the Chesapeake and Ohio Canal;
          (5) 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;
          (6) 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;
          (7) 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;
          (8) acquisition of rights-of-way and construction and 
        maintenance of a water supply line partly outside the 
        boundaries of Mesa Verde National Park;
          (9) 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
          (10) provision of transportation for children in nearby 
        communities to and from any System unit used in connection with 
        organized recreation and interpretive programs of the Service.
Sec. 1035.03. Amounts provided by private entities for utility services
  Notwithstanding any other provision of law, amounts provided to the 
Service by private entities for utility services shall be credited to 
the appropriate account and remain available until expended.
Sec. 1035.04. Recovery of costs associated with special use permits
  Notwithstanding any other provision of law, the Service may recover 
all costs of providing necessary services associated with special use 
permits. The reimbursements shall be credited to the appropriation 
current at that time.

                 CHAPTER 1037--NATIONAL MILITARY PARKS

Sec.
1037.01.  Military maneuvers.
1037.02.  Camps for military instruction.
1037.03.  Performance of duties of commissions.
1037.04.  Recovery of land withheld.
1037.05.  Travel expenses incident to study of battlefields.
1037.06.  Studies.
1307.07.  Criminal penalties.
Sec. 1037.01. Military maneuvers
    To obtain practical benefits of great value to the country from the 
establishment of national military parks, the parks and their 
approaches are declared to be national fields for military maneuvers 
for the Regular Army or Regular Air Force and the National Guard or 
militia of the States. National military parks shall be opened for 
those purposes only in the discretion of the Secretary, and under such 
regulations as the Secretary may prescribe.
Sec. 1037.02. Camps for military instruction
  (a) Assembling of Forces and Detailing of Instructors.--The Secretary 
of the Army or Secretary of the Air Force, within the limits of 
appropriations that may be available for that purpose, may assemble in 
camp at such season of the year and for such period as the Secretary of 
the Army or Secretary of the Air Force may designate, at the field of 
military maneuvers, such portions of the military forces of the United 
States as the Secretary of the Army or Secretary of the Air Force may 
think best, to receive military instruction there. The Secretary of the 
Army of Secretary of the Air Force may detail instructors from the 
Regular Army or Regular Air Force, respectively, for those forces 
during their exercises.
  (b) Regulations.--The Secretary of the Army or Secretary of the Air 
Force may prescribe regulations governing the assembling of the 
National Guard or militia of the States on the maneuvering grounds.
Sec. 1037.03. Performance of duties of commissions
  The duties of commissions in charge of national military parks shall 
be performed under the direction of the Secretary.
Sec. 1037.04. Recovery of land withheld
  (a) Civil Action.--The United States may bring a civil action in the 
courts of the United States against a person to whom land lying within 
a national military park has been leased that refuses to give up 
possession of the land to the United States after the termination of 
the lease, and after possession has been demanded for the United States 
by the park superintendent, or against a person retaining possession of 
land lying within the boundary of a national military park that the 
person has sold to the United States for park purposes and received 
payment therefor, after possession of the land has been demanded for 
the United States by the park superintendent, to recover possession of 
the land withheld. The civil action shall be brought according to the 
statutes of the State in which the national military park is situated.
  (b) Trespass.--A person described in subsection (a) shall be guilty 
of trespass.
Sec. 1037.05. Travel expenses incident to study of battlefields
  Mileage of officers of the Army and actual expenses of civilian 
employees traveling on duty in connection with the studies, surveys, 
and field investigations of battlefields shall be paid from the 
appropriations made to meet expenses for those purposes.
Sec. 1037.06. Studies
  (a) Study of Battlefields for Commemorative Purposes.--The Secretary 
of the Army may have made studies and investigations and, where 
necessary, surveys of all battlefields within the continental limits of 
the United States on which troops of the United States or of the 
original 13 colonies have been engaged against a common enemy, with a 
view to preparing a general plan and such detailed projects as may be 
required for properly commemorating such battlefields or other adjacent 
points of historic and military interest.
  (b) Inclusion of Estimate of Cost of Projected Surveys in 
Appropriation Estimates.--The Secretary shall include annually in the 
Department of the Interior appropriation estimates a list of the 
battlefields for which surveys or other field investigations are 
planned for the fiscal year in question, with the estimated cost of 
making each survey or other field investigation.
  (c) Purchase of Real Estate for National Military Park Purposes.--No 
real estate shall be purchased for national military park purposes by 
the Federal Government unless a report on the real estate has been made 
by the Secretary through the President to Congress under subsection 
(d).
  (d) Report to Congress.--The Secretary annually shall submit through 
the President to Congress a detailed report of progress made under this 
subchapter, with recommendations for further operations.
Sec. 1037.07. Criminal penalties
  (a) Offenses Relating to Structures and Vegetation.--A person that 
willfully destroys, mutilates, defaces, injures, or removes any 
monument, statue, marker, guidepost, or other structure, or that 
willfully destroys, cuts, breaks, injures, or removes any tree, shrub, 
or plant within a national military park shall be fined under title 18 
but not less than $10 for each monument, statue, marker, guidepost, or 
other structure, tree, shrub, or plant destroyed, defaced, injured, 
cut, or removed, imprisoned for not less than 15 days nor more than one 
year, or both.
  (b) Trespassing in a National Military Park To Hunt or Shoot.--An 
individual who trespasses in a national military park to hunt or shoot, 
or hunts game of any kind in a national military park with a gun or 
dog, or sets a trap or net or other device in a national military park 
to hunt or catch game of any kind, shall be fined under title 18, 
imprisoned not less than 5 nor more than 30 days, or both.

                      CHAPTER 1039--MISCELLANEOUS

Sec.
1039.01.  National Capital region arts and cultural affairs.
1039.02.  National Park System Advisory Board.
1039.03.  National Park Service Advisory Council.
1039.04.  Protecting the right of individuals to bear arms.
1039.05.  Limitation on extension or establishment of national parks in 
          Wyoming.
1039.06.  Donations of land near or adjacent to national forest in North 
          Carolina for System unit purposes.
Sec. 1039.01. National Capital region arts and cultural affairs
  (a) Establishment.--There is under the direction of the Service a 
program to support and enhance artistic and cultural activities in the 
National Capital region.
  (b) Grant Eligibility.--
          (1) Eligible organizations.--Eligibility for grants shall be 
        limited to organizations--
                  (A) that are of demonstrated national significance; 
                and
                  (B) that meet at least 2 of the criteria stated in 
                paragraph (2).
          (2) Criteria.--The criteria referred to in paragraph (1) are 
        the following:
                  (A) The organization has an annual operating budget 
                in excess of $1,000,000.
                  (B) The organization has an annual audience or 
                visitation of at least 200,000 people.
                  (C) The organization has a paid staff of at least 100 
                individuals.
                  (D) The organization is eligible under 2001.02(5) of 
                this title.
          (3) Organizations not eligible.--Public or private colleges 
        and universities are not eligible for grants under the program 
        under this section.
  (c) Use of Grants.--Grants awarded under this section may be used to 
support general operations and maintenance, security, or special 
projects. No organization may receive a grant in excess of $500,000 in 
a single year.
  (d) Responsbilities of Director.--The Director shall--
          (1) establish an application process;
          (2) appoint a review panel of 5 qualified individuals, at 
        least a majority of whom reside in the National Capital region; 
        and
          (3) develop other program guidelines and definitions as 
        required.
  (e) Ford's Theater and Wolf Trap National Park for the Performing 
Arts.--The contractual amounts required for the support of Ford's 
Theater and Wolf Trap National Park for the Performing Arts shall be 
available within the amount provided in this section without regard to 
any other provision of this section.
Sec. 1039.02. National Park System Advisory Board
  (a) Definition.--In this section, the term ``Board'' means the 
National Park System Advisory Board established under subsection (b).
  (b) Establishment and Purpose.--There is a National Park System 
Advisory Board, whose purpose is to advise the Director on matters 
relating to the Service, the System, and programs administered by the 
Service. The Board shall advise the Director on matters submitted to 
the Board by the Director as well as any other issues identified by the 
Board.
  (c) Membership.--
          (1) Appointment and term of office.--Members of the Board 
        shall be appointed on a staggered term basis by the Secretary 
        for a term not to exceed 4 years and shall serve at the 
        pleasure of the Secretary.
          (2) Composition.--The Board shall be comprised of no more 
        than 12 persons, appointed from among citizens of the United 
        States having a demonstrated commitment to the mission of the 
        Service. Board members shall be selected to represent various 
        geographic regions, including each of the administrative 
        regions of the Service. At least 6 of the members shall have 
        outstanding expertise in one or more of the following fields: 
        history, archaeology, anthropology, historical or landscape 
        architecture, biology, ecology, geology, marine science, or 
        social science. At least 4 of the members shall have 
        outstanding expertise and prior experience in the management of 
        national or State parks or protected areas, or national or 
        cultural resources management. The remaining members shall have 
        outstanding expertise in one or more of the areas described 
        above or in another professional or scientific discipline, such 
        as financial management, recreation use management, land use 
        planning, or business management, important to the mission of 
        the Service. At least one individual shall be a locally elected 
        official from an area adjacent to a park.
          (3) Vacancy.--Any vacancy in the Board shall not affect its 
        powers, but shall be filled in the same manner in which the 
        original appointment was made.
          (4) Compensation.--All members of the Board shall be 
        reimbursed for travel and per diem in lieu of subsistence 
        expenses during the performance of duties of the Board while 
        away from home or their regular place of business, in 
        accordance with subchapter I of chapter 57 of title 5. With the 
        exception of travel and per diem, a member of the Board who 
        otherwise is an officer or employee of the United States 
        Government shall serve on the Board without additional 
        compensation.
  (d) Duties and Powers of Board.--
          (1) Adopt rules.--The Board may adopt such rules as may be 
        necessary to establish its procedures and to govern the manner 
        of its operations, organization, and personnel.
          (2) Advice and recommendations.--The Board shall advise the 
        Secretary on matters relating to the System, to other related 
        areas, and to the administration of chapter 2001 of this title, 
        including matters submitted to it for consideration by the 
        Secretary, but it shall not be required to provide 
        recommendations as to the suitability or desirability of 
        surplus real and related personal property for use as an 
        historic monument. The Board shall also provide recommendations 
        on the designation of national historic landmarks and national 
        natural landmarks. The Board is strongly encouraged to consult 
        with the major scholarly and professional organizations in the 
        appropriate disciplines in making the recommendations.
          (3) Actions on request of director.--On request of the 
        Director, the Board is authorized to--
                  (A) hold such hearings and sit and act at such times;
                  (B) take such testimony;
                  (C) have such printing and binding done;
                  (D) enter into such contracts and other arrangements;
                  (E) make such expenditures; and
                  (F) take such other actions
        as the Board may consider advisable.
          (4) Oaths or affirmations.--Any member of the Board may 
        administer oaths or affirmations to witnesses appearing before 
        the Board.
          (5) Committees and subcommittees.--The Board may establish 
        committees or subcommittees. The subcommittees or committees 
        shall be chaired by a voting member of the Board.
          (6) Use of mails.--The Board may use the United States mails 
        in the same manner and under the same conditions as other 
        departments and agencies in the United States.
  (e) Staff.--The Secretary may hire 2 full-time staffers to meet the 
needs of the Board.
  (f) Federal Law Not Applicable to Service.--Service as a member of 
the Board shall not be deemed service or employment bringing the 
individual within the provisions of any Federal law relating to 
conflicts of interest or otherwise imposing restrictions, requirements, 
or penalties relating to the employment of individuals, the performance 
of services, or the payment or receipt of compensation in connection 
with claims, proceedings, or matters involving the United States. 
Service as a member or an employee of the Board shall not be deemed 
service in an appointive or elective position in the Federal Government 
for purposes of section 8344 of title 5 or comparable provisions of 
Federal law.
  (g) Cooperation of Federal Agencies.--
          (1) Information.--The Board may secure directly from any 
        office, department, agency, establishment, or instrumentality 
        of the Federal Government such information as the Board may 
        require for the purpose of this section, and each office, 
        department, agency, establishment, or instrumentality shall 
        furnish, to the extent permitted by law, the information, 
        suggestions, estimates, and statistics directly to the Board, 
        on request made by a member of the Board.
          (2) Facilities and services.--On request of the Board, the 
        head of any Federal department, agency, or instrumentality may 
        make any of the facilities and services of the department, 
        agency, or instrumentality available to the Board, on a 
        nonreimbursable basis, to assist the Board in carrying out its 
        duties under this section.
  (h) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.), with the exception of section 14(b), applies to 
the Board.
  (i) Termination.--The Board continues to exist until January 1, 2010.
Sec. 1039.03. National Park Service Advisory Council
  (a) Definitions.--In this section:
          (1) Board.--The term ``Board'' means the National Park System 
        Advisory Board established under section 1039.02 of this title.
          (2) Council.--The term ``Council'' means the National Park 
        Service Advisory Council established under subsection (b).
  (b) Establishment and Purpose.--There is a National Park Service 
Advisory Council that shall provide advice and counsel to the Board.
  (c) Membership.--
          (1) Eligibility.--Membership on the Council shall be limited 
        to individuals whose term on the Board has expired. Those 
        individuals may serve as long as they remain active except that 
        not more than 12 members may serve on the Council at any one 
        time.
          (2) Compensation.--Members of the Council shall receive no 
        salary but may be paid expenses incidental to travel when 
        engaged in discharging their duties as members.
  (d) Voting Restriction.--Members of the Council shall not have a vote 
on the Board.
Sec. 1039.04. Protecting the right of individuals to bear arms
  (a) Findings.--Congress finds the following:
          (1) The Second 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 Second 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 Second 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 Second Amendment rights of law-abiding citizens on 
        83,600,000 acres of System land.
          (7) Federal laws should make it clear that the Second 
        amendment rights of an individual at a System unit should not 
        be infringed.
  (b) Protecting the Right of Individuals To Bear Arms in System 
Units.--The Secretary shall not promulgate or enforce any regulation 
that prohibits an individual from possessing a firearm, including an 
assembled or functional firearm, in any System unit if--
          (1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
          (2) the possession of the firearm is in compliance with the 
        law of the State in which the System Unit is located.
Sec. 1039.05. 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.
Sec. 1039.06. Donations of land near or adjacent to national forest in 
                    North Carolina for System unit purposes
  The Secretary may accept for System unit purposes any land and right-
of-way, including the Grandfather Mountain, near or adjacent to the 
national forest in western North Carolina.

                DIVISION B--OUTDOOR RECREATION PROGRAMS

                 CHAPTER 1051--COORDINATION OF PROGRAMS

Sec.
1051.01.  Definitions.
1051.02.  Findings and declaration of policy.
1051.03.  Powers and duties of Secretary.
1051.04.  Consultations of Secretary with administrative officers; 
          execution of administrative responsibilities in conformity 
          with nationwide plan.
Sec. 1051.01. Definitions
  As used in this chapter:
          (1) State.--The term ``State'' may, to the extent 
        practicable, include Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, and the Northern Mariana Islands.
          (2) United States.--The term ``United States''--
                  (A) shall include the District of Columbia; and
                  (B) may, to the extent practicable, include Puerto 
                Rico, the Virgin Islands, Guam, American Samoa, and the 
                Northern Mariana Islands.
Sec. 1051.02. Findings and declaration of policy
  Congress finds and declares it to be desirable that--
          (1) all American people of present and future generations be 
        assured adequate outdoor recreation resources; and
          (2) 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 those 
        resources for the benefit and enjoyment of the American people.
Sec. 1051.03. Powers and duties of Secretary
  To carry out this chapter, the Secretary may perform the following 
functions and activities:
          (1) Inventory and evaluation.--The Secretary may prepare and 
        maintain a continuing inventory and evaluation of outdoor 
        recreation needs and resources of the United States.
          (2) Classification system.--The Secretary may prepare a 
        system for classification of outdoor recreation resources to 
        assist in the effective and beneficial use and management of 
        such resources.
          (3) Recreation plan.--The Secretary may formulate and 
        maintain a comprehensive nationwide outdoor recreation plan, 
        taking into consideration the plans of the various Federal 
        agencies, States, and their political subdivisions. The plan 
        shall set forth the needs and demands of the public for outdoor 
        recreation and the current and foreseeable availability in the 
        future of outdoor recreation resources to meet those needs. The 
        plan shall identify critical outdoor recreation problems, 
        recommend solutions, and recommend desirable actions to be 
        taken at each level of government and by private interests. The 
        Secretary shall submit the plan to the President for 
        transmittal to Congress. Revisions of the plan shall be 
        similarly transmitted at succeeding 5-year intervals. When a 
        plan or revision is transmitted to the Congress, the Secretary 
        shall transmit copies to the chief executive officers of the 
        States.
          (4) Technical assistance and advice.--The Secretary may 
        provide technical assistance and advice to and cooperate with 
        States, political subdivisions, and private interests, 
        including nonprofit organizations, with respect to outdoor 
        recreation.
          (5) Interstate and regional cooperation.--The Secretary may 
        encourage interstate and regional cooperation in the planning, 
        acquisition, and development of outdoor recreation resources.
          (6) Research, information, and education programs and 
        activities.--The Secretary may--
                  (A) 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;
                  (B) 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
                  (C) cooperate with educational institutions and 
                others to assist in establishing education programs and 
                activities and to encourage public use and benefits 
                from outdoor recreation.
          (7) Cooperation and coordination with federal departments and 
        agencies.--
                  (A) In general.--The Secretary may--
                          (i) cooperate with and provide technical 
                        assistance to Federal departments and 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
                          (ii) promote coordination of Federal plans 
                        and activities generally relating to outdoor 
                        recreation.
                  (B) Funding.--Any department or agency furnishing 
                advice or assistance under this paragraph may expend 
                its own funds for those purposes, with or without 
                reimbursement, as may be agreed to by that department 
                or agency.
          (8) Donations.--The Secretary may accept and use donations of 
        money, property, personal services, or facilities for the 
        purposes of this chapter.
Sec. 1051.04. Consultations of Secretary with administrative officers; 
                    execution of administrative responsibilities in 
                    conformity with nationwide plan
  To carry out the policy declared in section 1051.02 of this title, 
the heads of Federal departments and independent 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 which are pertinent to their work; and
          (2) carry out that responsibility in general conformance with 
        the nationwide plan authorized under section 1051.03(3) of this 
        title.

             CHAPTER 1053--LAND AND WATER CONSERVATION FUND

Sec.
1053.01.  Purposes.
1053.02.  Definitions.
1053.03.  Establishment of Land and Water Conservation Fund.
1053.04.  Appropriations for expenditure of Fund amounts.
1053.05.  Admission and special recreation use fees.
1053.06.  Commercial filming.
1053.07.  Statement of estimated requirements.
1053.08.  Financial assistance to States.
1053.09.  Allocation of Fund amounts for Federal purposes.
1053.10.  Availability of Fund amounts for publicity purposes.
1053.11.  Contracts for acquisition of land and water.
1053.12.  Contracts for options to acquire land and water in System.
1053.13.  Transfers to and from Fund.
Sec. 1053.01. Purposes
  The purposes of this chapter are--
          (1) to assist in preserving, developing, and ensuring 
        accessibility to all citizens of the United States of present 
        and future generations and visitors who are lawfully present 
        within the boundaries of the United States 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
          (2) to strengthen the health and vitality of the citizens of 
        the United States by--
                  (A) providing funds for and authorizing Federal 
                assistance to the States in planning, acquisition, and 
                development of needed land and water areas and 
                facilities; and
                  (B) providing funds for the Federal acquisition and 
                development of certain land and other areas.
Sec. 1053.02. Definitions
  In this chapter:
          (1) Fund.--The term ``Fund'' means the Land and Water 
        Conservation Fund established under section 1053.03 of this 
        title.
          (2) State.--The term ``State'' means a State, the District of 
        Columbia, Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Northern Mariana Islands.
Sec. 1053.03. Establishment of Land and Water Conservation Fund
  (a) Establishment.--There is established in the Treasury the Land and 
Water Conservation Fund.
  (b) Deposits.--During the period ending September 30, 2015, there 
shall be deposited in the Fund the following revenues and collections:
          (1) All proceeds (except so much thereof as may be otherwise 
        obligated, credited, or paid under authority of the provisions 
        of law set forth in section 572(a) or 574(a) to (c) of title 40 
        or under authority of any appropriation Act that appropriates 
        an amount, to be derived from proceeds from the transfer of 
        excess property and the disposal of surplus property, for 
        necessary expenses, not otherwise provided for, incident to the 
        utilization and disposal of excess and surplus property) 
        received from any disposal of surplus real property and related 
        personal property under chapter 5 of title 40, notwithstanding 
        any provision of law that such proceeds shall be credited to 
        miscellaneous receipts of the Treasury. Nothing in this chapter 
        shall affect existing laws or regulations concerning disposal 
        of real or personal surplus property to schools, hospitals, and 
        States and their political subdivisions.
          (2) The amounts provided for in section 1053.13 of this 
        title.
  (c) Authorization of Appropriations.--
          (1) In general.--In addition to the sum of the revenues and 
        collections estimated by the Secretary to be deposited in the 
        Fund pursuant to this section, there are authorized to be 
        appropriated annually to the Fund out of any money in the 
        Treasury not otherwise appropriated such amounts as are 
        necessary to make the income of the Fund not less than 
        $900,000,000 for each fiscal year through September 30, 2015.
          (2) Receipts under outer continental shelf lands act.--To the 
        extent that amount appropriated under paragraph (1) are not 
        sufficient to make the total annual income of the Fund 
        equivalent to the amounts provided in paragraph (1), an amount 
        sufficient to cover the remainder shall be credited to the Fund 
        from revenues due and payable to the United States for deposit 
        in the Treasury as miscellaneous receipts under the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
          (3) Availability of deposits.--Notwithstanding section 
        1053.03 of this title, money deposited in the Fund under this 
        subsection shall remain in the Fund until appropriated by 
        Congress to carry out this chapter.
Sec. 1053.04. Appropriations for expenditure of Fund amounts
  Amounts deposited in the Fund shall be available for expenditure for 
the purposes of this chapter only when appropriated therefor. The 
appropriations may be made without fiscal-year limitation. Amounts made 
available for obligation or expenditure from the Fund may be obligated 
or expended only as provided in this chapter.
Sec. 1053.05. Admission and special recreation use fees
  (a) System Units at Which Entrance Fees or Admissions Fees Cannot Be 
Collected.--
          (1) Withholding of amounts.--Notwithstanding section 107 of 
        the Department of the Interior and Related Agencies 
        Appropriations Act, 1998 (Public Law 105-83, 111 Stat. 1561), 
        the Secretary shall withhold from the special account under 
        section 807(a) of the Federal Lands Recreation Enhancement Act 
        (16 U.S.C. 6806(a)) 100 percent of the fees and charges 
        collected in connection with any System unit at which entrance 
        fees or admission fees cannot be collected by reason of deed 
        restrictions.
          (2) Use of amounts.--Amounts withheld under paragraph (1) 
        shall be retained by the Secretary and shall be available, 
        without further appropriation, for expenditure by the Secretary 
        for the System unit with respect to which the amounts were 
        collected for the purposes of enhancing the quality of the 
        visitor experience, protection of resources, repair and 
        maintenance, interpretation, signage, habitat or facility 
        enhancement, resource preservation, annual operation (including 
        fee collection), maintenance, and law enforcement.
  (b) Allocation of Funds to System Units.--
          (1) Allocation of funds on basis of need.--Ten percent of the 
        funds made available to the Director under subsection (a) in 
        each fiscal year shall be allocated among System units on the 
        basis of need in a manner to be determined by the Director.
          (2) Allocation of funds based on expenses and based on fees 
        collected.--
                  (A) In general.--Forty percent of the funds made 
                available to the Director under subsection (a) in each 
                fiscal year shall be allocated among System units in 
                accordance with subparagraph (B) of this subsection and 
                50 percent shall be allocated in accordance with 
                subparagraph (C).
                  (B) Allocation based on expenses.-The amount 
                allocated to each System unit under this paragraph for 
                each fiscal year based on expenses shall be a fraction 
                of the total allocation to all System units under this 
                paragraph. The fraction for each System unit shall be 
                determined by dividing the operating expenses at that 
                System unit during the prior fiscal year by the total 
                operating expenses at all System units during the prior 
                fiscal year.
                  (C) Allocation based on fees collected.--The amount 
                allocated to each System unit under this paragraph for 
                each fiscal year based on fees collected shall be a 
                fraction of the total allocation to all System units 
                under this paragraph. The fraction for each System unit 
                shall be determined by dividing the user fees and 
                admission fees collected under this section at that 
                System unit during the prior fiscal year by the total 
                of user fees and admission fees collected under this 
                section at all System units during the prior fiscal 
                year.
          (3) Availability of amounts.--Amounts allocated under this 
        subsection to any System unit for any fiscal year and not 
        expended in that fiscal year shall remain available for 
        expenditure at that System unit until expended.
  (c) Selling of Permits.--
          (1) Authority to sell permits.--When authorized by the 
        Secretary, volunteers at System units may sell permits and 
        collect fees authorized or established pursuant to this 
        section. The Secretary shall ensure that the volunteers have 
        adequate training regarding--
                  (A) the sale of permits and the collection of fees;
                  (B) the purposes and resources of the System units in 
                which they are assigned; and
                  (C) the provision of assistance and information to 
                visitors to the System unit.
          (2) Surety bond required.--The Secretary shall require a 
        surety bond for any such volunteer performing services under 
        this subsection. Funds available to the Service may be used to 
        cover the cost of the surety bond. The Secretary may enter into 
        arrangements with qualified public or private entities pursuant 
        to which the entities may sell (without cost to the United 
        States) annual admission permits (including Golden Eagle 
        Passports) at any appropriate location. The arrangements shall 
        require each such entity to reimburse the United States for the 
        full amount to be received from the sale of the permits at or 
        before the Secretary delivers the permits to the entity for 
        sale.
  (d) Charge for Transportation Provided by Service for Viewing System 
Units.--
          (1) Charge when transportation provided.--Where the Service 
        provides transportation to view all or a portion of any System 
        unit, the Director may impose a charge for the service in lieu 
        of an admission fee under this section.
          (2) Retention of charge and use of retained amount.--
        Notwithstanding any other provision of law, half of the charges 
        imposed under paragraph (1) shall be retained by the System 
        unit at which the service was provided. The remainder shall be 
        deposited in the same manner as receipts from fees collected 
        pursuant to this section. Fifty percent of the amount retained 
        shall be expended only for maintenance of transportation 
        systems at the System unit where the charge was imposed. The 
        remaining 50 percent of the retained amount shall be expended 
        only for activities related to resource protection at those 
        System units.
  (e) Admission Fees.--Where the primary public access to a System unit 
is provided by a concessioner, the Secretary may charge an admission 
fee at the System unit only to the extent that the total of the fee 
charged by the concessioner for access to the System unit and the 
admission fee does not exceed the maximum amount of the admission fee 
thate could otherwise be imposed.
  (f) Commercial Tour Use Fees.--
          (1) Establishment.--In the case of each System unit for which 
        an admission fee is charged under this section, the Secretary 
        shall establish a commercial tour use fee to be imposed on each 
        vehicle entering the System unit for the purpose of providing 
        commercial tour services within the System unit.
          (2) Amount.--The Secretary shall establish the amount of fee 
        per entry as follows:
                  (A) Twenty-five dollars per vehicle with a passenger 
                capacity of 25 individual or less.
                  (B) Fifty dollars per vehicle with a passenger 
                capacity of more than 25 individuals.
          (3) Adjustments.--The Secretary may periodically make 
        reasonable adjustments to the commercial tour use fee imposed 
        under this subsection.
          (4) Nonapplicability.--The commercial tour use fee imposed 
        under this subsection shall not apply to the following:
                  (A) Any vehicle transporting organized school groups 
                or outings conducted for educational purposes by 
                schools or other bona fide educational institutions.
                  (B) Any vehicle entering a System unit pursuant to a 
                contract issued under subchapter II of chapter 1019 of 
                this title.
          (5) Applicability.--This subsection shall apply to aircraft 
        entering the airspace of--
                  (A) Haleakala Crater, Crater Cabins, the Scientific 
                Research Reserve, Halemauu Trail, Kaupo Gap Trail, or 
                any designated tourist viewpoint in Haleakala National 
                Park or of Grand Canyon National Park; or
                  (B) any other System unit for the specific purpose of 
                providing commercial tour services if the Secretary 
                determines that the level of the services is equal to 
                or greater than the level at the System units specified 
                in subparagraph (A).
Sec. 1053.06. Commercial filming
  (a) Commercial Filming Fee.--
          (1) In general.--The Secretary shall require a permit and 
        shall establish a reasonable fee for commercial filming 
        activities or similar projects on Federal land administered by 
        the Secretary. The fee shall provide a fair return to the 
        United States and shall be based on the following criteria:
                  (A) The number of days the filming activity or 
                similar project takes place on Federal land under the 
                Secretary's jurisdiction.
                  (B) The size of the film crew present on Federal land 
                under the Secretary's jurisdiction.
                  (C) The amount and type of equipment present.
          (2) Other factors to be included.--The Secretary may include 
        other factors in determining an appropriate fee as the 
        Secretary considers necessary.
  (b) Recovery of Costs.--The Secretary shall collect any costs 
incurred as a result of filming activities or similar project, 
including administrative and personnel costs. All costs recovered shall 
be in addition to the fee assessed in subsection (a).
  (c) Still Photography.--
          (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall not require a permit or assess a fee for still 
        photography on land administered by the Secretary if the 
        photography takes place where members of the public are 
        generally allowed. The Secretary may require a permit, fee, or 
        both, if the photography takes place at other locations where 
        members of the public are generally not allowed, or where 
        additional administrative costs are likely.
          (2) Exception.--The Secretary shall require and shall 
        establish a reasonable fee for still photography that uses 
        models or props that are not a part of the site's natural or 
        cultural resources or administrative facilities.
  (d) Protection of Resources.--The Secretary shall not permit any 
filming, still photography or other related activity if the Secretary 
determines that--
          (1) there is a likelihood of resource damage;
          (2) there would be an unreasonable disruption of the public's 
        use and enjoyment of the site; or
          (3) the activity poses health or safety risks to the public.
  (e) Use of Proceeds.--
          (1) In general.--All fees collected under this section shall 
        be available for expenditure by the Secretary, without further 
        appropriation, in accordance with the formula and purposes 
        established for the Recreational Fee Demonstration Program 
        authorized by section 315 of the Department of the Interior and 
        Related Agencies Appropriations Act, 1996 (110 Stat. 1321-200). 
        All fees collected shall remain available until expended.
          (2) Available for expenditure where collected.--All costs 
        recovered under this section shall be available for expenditure 
        by the Secretary, without further appropriation, at the site 
        where collected. All costs recovered shall remain available 
        until expended.
  (f) Processing of Permit Applications.--The Secretary shall establish 
a process to ensure that permit applicants for commercial filming, 
still photography, or other activity are responded to in a timely 
manner.
Sec. 1053.07. Statement of estimated requirements
  There shall be submitted with the annual budget of the United States 
a comprehensive statement of estimated requirements during the ensuing 
fiscal year for appropriations from the Fund. Not less than 40 percent 
of such appropriations shall be available for Federal purposes.
Sec. 1053.08. Financial assistance to States
  (a) Authority of Secretary To Make Payments.--The Secretary may 
provide financial assistance to the States from amounts available for 
State purposes. Payments may be made to the States by the Secretary as 
provided in this section, subject to such terms and conditions as the 
Secretary considers appropriate and in the public interest to carry out 
the purposes of this chapter, for outdoor recreation:
          (1) Planning.
          (2) Acquisition of land, water, or interests in land or 
        water.
          (3) Development.
  (b) Apportionment Among States.--Amounts appropriated and available 
for State purposes for each fiscal year shall be apportioned among the 
States by the Secretary, whose determination shall be final, in 
accordance with the following formula:
          (1) Forty percent of the first $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 a consideration of---
                  (A) the proportion that the population of each State 
                bears to the total population of the United States;
                  (B) of the use of outdoor recreation resources of 
                individual States by persons from outside the State; 
                and
                  (C) the Federal resources and programs in the 
                particular States.
          (3) The total allocation to an individual State under 
        paragraphs (1) and (2) shall not exceed 10 percent of the total 
        amount allocated to the States in any one year.
          (4) The Secretary shall notify each State of its 
        apportionments. The amounts shall be available for payment to 
        the State for planning, acquisition, or development projects as 
        prescribed. Any amount of any apportionment that has not been 
        paid or obligated by the Secretary during the fiscal year in 
        which the notification is given and for 2 fiscal years 
        thereafter shall be reapportioned by the Secretary in 
        accordance with paragraph (2) without regard to the 10 percent 
        limitation to an individual State specified in this subsection.
          (5) For the purposes of paragraph (1), the District of 
        Columbia, Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Northern Mariana Islands shall be deemed to be 
        one State, and shall receive shares of the apportionment in 
        proportion to their populations..
  (c) Matching Requirements.--Payments to any State shall cover not 
more than 50 percent of the cost of planning, acquisition, or 
development projects that are undertaken by the State. The remaining 
share of the cost shall be borne by the State in a manner and with 
funds or services as shall be satisfactory to the Secretary.
  (d) Comprehensive State Plan.--
          (1) Required for consideration of financial assistance.--A 
        comprehensive statewide outdoor recreation plan shall be 
        required prior to the consideration by the Secretary of 
        financial assistance for acquisition or development projects. 
        The plan shall be adequate if, in the judgment of the 
        Secretary, it encompasses and will promote the purposes of this 
        chapter. No plan shall be approved unless the chief executive 
        officer of the State certifies that ample opportunity for 
        public participation in plan development and revision has been 
        accorded. The Secretary shall develop, in consultation with 
        others, criteria for public participation, which criteria shall 
        constitute the basis for the certification by the chief 
        executive officer. The plan shall contain--
                  (A) the name of the State agency that will have 
                authority to represent and act for the State in dealing 
                with the Secretary for purposes of this chapter;
                  (B) an evaluation of the demand for and supply of 
                outdoor recreation resources and facilities in the 
                State;
                  (C) a program for the implementation of the plan; and
                  (D) other necessary information, as determined by the 
                Secretary.
          (2) Factors to be considered.--The plan shall take into 
        account relevant Federal resources and programs and shall be 
        correlated so far as practicable with other State, regional, 
        and local plans. Where there exists or is in preparation for 
        any particular State a comprehensive plan financed in part with 
        funds supplied by the Secretary of Housing and Urban 
        Development, any statewide outdoor recreation plan prepared for 
        purposes of this part shall be based upon the same population, 
        growth, and other pertinent factors as are used in formulating 
        plans financed by the Secretary of Housing and Urban 
        Development.
          (3) Provision of assistance when plan not otherwise available 
        or to maintain plan.--The Secretary may provide financial 
        assistance to any State for projects for the preparation of a 
        comprehensive statewide outdoor recreation plan when the plan 
        is not otherwise available or for the maintenance of the plan.
          (4) Wetlands.--A comprehensive statewide outdoor recreation 
        plan shall specifically address wetlands within the State as an 
        important outdoor recreation resource as a prerequisite to 
        approval, except that a revised comprehensive statewide outdoor 
        recreation plan shall not be required by the Secretary, if a 
        State submits, and the Secretary, acting through the Director, 
        approves, as a part of and as an addendum to the existing 
        comprehensive statewide outdoor recreation plan, a wetlands 
        priority plan developed in consultation with the State agency 
        with responsibility for fish and wildlife resources and 
        consistent with the national wetlands priority conservation 
        plan developed under section 301 of the Emergency Wetlands 
        Resources Act of 1986 (16 U.S.C. 3921) or, if the national plan 
        has not been completed, consistent with the provisions of that 
        section.
  (e) Projects for Land and Water Acquisition.--
          (1) In general.--In addition to assistance for planning 
        projects, the Secretary may provide financial assistance to any 
        State for the types of projects described in paragraphs (2) and 
        (3), or combinations of those projects, if the projects are in 
        accordance with the State comprehensive plan.
          (2) Acquisition of land or water.--
                  (A) In general.--Under paragraph (1), the Secretary 
                may provide financial assistance for a project for the 
                acquisition of land, water, or an interest in land or 
                water, or a wetland area or an interest in a wetland 
                area, as identified in the wetlands provisions of the 
                comprehensive plan (other than land, water, or an 
                interest in land or water acquired from the United 
                States for less than fair market value), but not 
                including incidental costs relating to acquisition.
                  (B) Retention of right of use and occupancy.--When a 
                State provides that the owner of a single-family 
                residence may, at the owner's option, elect to retain a 
                right of use and occupancy for not less than 6 months 
                after the date of acquisition of the residence and the 
                owner elects to retain such a right--
                          (i) the owner shall be deemed to have waived 
                        any benefits under sections 203 to 206 of the 
                        Uniform Relocation Assistance and Real Property 
                        Acquisition Policies Act of 1970 (42 U.S.C. 
                        4623 to 4626); and
                          (ii) for the purposes of those sections the 
                        owner shall not be deemed to be a displaced 
                        person as defined in section 101 of that Act 
                        (42 U.S.C. 4601).
          (3) Development of basic outdoor recreation facilities.--
        Under paragraph (1), the Secretary may provide financial 
        assistance for a project for development of basic outdoor 
        recreation facilities to serve the general public, including 
        the development of Federal land under lease to States for terms 
        of 25 years or more. No assistance shall be available under 
        this chapter to enclose or shelter facilities normally used for 
        outdoor recreation activities, but the Secretary may permit 
        local funding, and not to exceed 10 percent of the total amount 
        allocated to a State in any one year, to be used for sheltered 
        facilities for swimming pools and ice skating rinks in areas 
        where the Secretary determines that the severity of climatic 
        conditions and the increased public use thereby made possible 
        justifies the construction of the facilities.
  (f) Payments.--
          (1) Criteria for making payments.--The Secretary may make a 
        payment to a State only for a planning, acquisition, or 
        development project that is approved by the Secretary. The 
        Secretary shall not make a payment for or on account of any 
        project with respect to which financial assistance has been 
        given or promised under any other Federal program or activity, 
        and no financial assistance shall be given under any other 
        Federal program or activity for or on account of any project 
        with respect to which the assistance has been given or promised 
        under this chapter. The Secretary may make payments from time 
        to time in keeping with the rate of progress toward the 
        satisfactory completion of a project. The approval of all 
        projects and all payments, or any commitments relating thereto, 
        shall be withheld until the Secretary receives appropriate 
        written assurance from the State that the State has the ability 
        and intention to finance its share of the cost of all of the 
        projects, and to operate and maintain by acceptable standards, 
        at State expense, the properties or facilities acquired or 
        developed for public outdoor recreation use.
          (2) Payment recipients.--Payments for all projects shall be 
        made by the Secretary to the chief executive officer of the 
        State or to a State official or agency designated by the chief 
        executive officer or by State law having authority and 
        responsibility to accept and to administer funds paid under 
        this section for approved projects. If consistent with an 
        approved project, funds may be transferred by the State to a 
        political subdivision or other appropriate public agency.
  (g) Conversion to Other Than Public Outdoor Recreation Use.--No 
property acquired or developed with assistance under this section 
shall, without the approval of the Secretary, be converted to other 
than public outdoor recreation use. The Secretary shall approve a 
conversion only if the Secretary finds it to be in accordance with the 
then-existing comprehensive statewide outdoor recreation plan and only 
on such conditions as the Secretary considers necessary to ensure the 
substitution of other recreation properties of at least equal fair 
market value and of reasonably equivalent usefulness and location. 
Wetland areas and interests therein as identified in the wetlands 
provisions of the comprehensive plan and proposed to be acquired as 
suitable replacement property within the same State that is otherwise 
acceptable to the Secretary, acting through the Director, shall be 
deemed to be of reasonably equivalent usefulness with the property 
proposed for conversion.
  (h) Reports and Accounting Procedures.--No payment shall be made to 
any State until the State has agreed to--
          (1) 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
          (2) 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.
  (i) Records.--A recipient of assistance under this chapter shall keep 
such records as the Secretary shall prescribe, including records that 
fully disclose--
          (1) the amount and the disposition by the recipient of the 
        proceeds of the assistance;
          (2) the total cost of the project or undertaking in 
        connection with which the assistance is given or used; and
          (3) the amount and nature of that portion of the cost of the 
        project or undertaking supplied by other sources, and such 
        other records as will facilitate an effective audit.
  (j) Access to Records.--The Secretary, and the Comptroller General, 
or any of their duly authorized representatives, shall have access for 
the purpose of audit and examination to any records of the recipient 
that are pertinent to assistance received under this chapter.
  (k) Prohibition of Discrimination.--With respect to property acquired 
or developed with assistance from the Fund, discrimination on the basis 
of residence, including preferential reservation or membership systems, 
is prohibited except to the extent that reasonable differences in 
admission and other fees may be maintained on the basis of residence.
  (l) Coordination With Federal Agencies.--To ensure consistency in 
policies and actions under this chapter with other related Federal 
programs and activities and to ensure coordination of the planning, 
acquisition, and development assistance to States under this section 
with other related Federal programs and activities--
          (1) the President may issue such regulations with respect 
        thereto as the President considers desirable; and
          (2) the assistance may be provided only in accordance with 
        the regulations.
  (m) Capital Improvement and Other Projects To Reduce Crime.--
          (1) Availability and purpose of funds.--In addition to 
        assistance for planning projects, and in addition to the 
        projects identified in subsection (e), and from amounts 
        appropriated out of the Violent Crime Reduction Trust Fund, the 
        Secretary may provide financial assistance to the States, not 
        to exceed $15,000,000, for projects or combinations thereof for 
        the purpose of making capital improvements and other measures 
        to increase safety in urban parks and recreation areas, 
        including funds to--
                  (A) increase lighting within or adjacent to public 
                parks and recreation areas;
                  (B) provide emergency telephone lines to contact law 
                enforcement or security personnel in areas within or 
                adjacent to public parks and recreation areas;
                  (C) increase security personnel within or adjacent to 
                public parks and recreation areas; and
                  (D) fund any other project intended to increase the 
                security and safety of public parks and recreation 
                areas.
          (2) Eligibility.--In addition to the requirements for project 
        approval imposed by this section, eligibility for assistance 
        under this subsection shall depend on a showing of need. In 
        providing funds under this subsection, the Secretary shall give 
        priority to projects proposed for urban parks and recreation 
        areas with the highest rates of crime and, in particular, to 
        urban parks and recreation areas with the highest rates of 
        sexual assault.
          (3) Federal share.--Notwithstanding subsection (c), the 
        Secretary may provide 70 percent improvement grants for 
        projects undertaken by a State for the purposes described in 
        this subsection.
Sec. 1053.09. Allocation of Fund amounts for Federal purposes
  (a) Allowable Purposes and Subpurposes.--
          (1) In general.--Amounts appropriated from the Fund for 
        Federal purposes shall, unless otherwise allotted in the 
        appropriation Act making them available, be allotted by the 
        President for the purposes and subpurposes stated in this 
        subsection.
          (2) Acquisition of land, water, or an interest in land or 
        water.--
                  (A) System units and recreation areas administered 
                for recreation purposes.--Amounts shall be allotted for 
                the acquisition of land, water, or an interest in land 
                or water within the exterior boundary of--
                          (i) a System unit authorized or established; 
                        and
                          (ii) an area authorized to be administered by 
                        the Secretary for outdoor recreation purposes.
                  (B) National forest system.--
                          (i) In general.--Amounts shall be allotted 
                        for the acquisition of land, water, or an 
                        interest in land or water within inholdings 
                        within--
                                  (I) wilderness areas of the National 
                                Forest System; and
                                  (II) other areas of national forests 
                                as the boundaries of those forests 
                                existed on January 1, 1965, or purchase 
                                units approved by the National Forest 
                                Reservation Commission subsequent to 
                                January 1, 1965, all of which other 
                                areas are primarily of value for 
                                outdoor recreation purposes.
                          (ii) Adjacent land.--Land outside but 
                        adjacent to an existing national forest 
                        boundary, not to exceed 3,000 acres in the case 
                        of any one forest, that would comprise an 
                        integral part of a forest recreational 
                        management area may also be acquired with 
                        amounts appropriated from the Fund.
                          (iii) Limitation.--Except for areas 
                        specifically authorized by Act of Congress, not 
                        more than 15 percent of the acreage added to 
                        the National Forest System pursuant to this 
                        section shall be west of the 100th meridian.
                  (C) Endangered species and threatened species; fish 
                and wildlife refuge areas; national wildlife refuge 
                system.--Amounts shall be allotted for the acquisition 
                of land, water, or an interest in land or water for--
                          (i) endangered species and threatened species 
                        authorized under section 5(a) of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1534(a));
                          (ii) areas authorized by section 2 of the 
                        Refuge Recreation Act (16 U.S.C. 460k-1);
                          (iii) national wildlife refuge areas under 
                        section 7(a)(4) of the Fish and Wildlife Act of 
                        1956 (16 U.S.C. 742f(a)(4)) and wetlands 
                        acquired under section 304 of the Emergency 
                        Wetlands Resources Act of 1986 (16 U.S.C. 
                        3922); and
                          (iv) any area authorized for the National 
                        Wildlife Refuge System by specific Acts.
          (3) Payment as offset of capital costs.--Amounts shall be 
        allotted for payment into miscellaneous receipts of the 
        Treasury as a partial offset for capital costs, if any, of 
        Federal water development projects authorized to be constructed 
        by or pursuant to an Act of Congress that are allocated to 
        public recreation and the enhancement of fish and wildlife 
        values and financed through appropriations to water resource 
        agencies.
          (4) Availability of appropriations.--Appropriations allotted 
        for the acquisition of land, water, or an interest in land or 
        water as set forth under subparagraphs (A) and (B) of paragraph 
        (2) shall be available for those acquisitions notwithstanding 
        any statutory ceiling on the appropriations contained in any 
        other provision of law enacted prior to January 4, 1977, or, in 
        the case of national recreation areas, prior to January 15, 
        1979, except that for any such area expenditures shall not 
        exceed a statutory ceiling during any one fiscal year by 10 
        percent of the ceiling or $1,000,000, whichever is greater.
  (b) Acquisition Restrictions.--Appropriations from the Fund pursuant 
to this section shall not be used for acquisition unless the 
acquisition is otherwise authorized by law. Appropriations from the 
Fund may be used for preacquisition work where authorization is 
imminent and where substantial monetary savings could be realized.
  (c) Boundary Changes in System Units.--
          (1) In general.--When the Secretary determines that to do so 
        will contribute to, and is necessary for, the proper 
        preservation, protection, interpretation, or management of a 
        System unit, the Secretary may, following timely notice in 
        writing to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate of the Secretary's intention to do so, 
        and by publication of a revised boundary map or other 
        description in the Federal Register--
                  (A) make minor revisions of 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 revision subject to such statutory 
                limitations, if any, on methods of acquisition and 
                appropriations thereof as may be specifically 
                applicable to the System unit; and
                  (B) acquire by donation, purchase with donated funds, 
                transfer from any other Federal agency, or exchange, 
                land, water, or interests in land or water adjacent to 
                the System unit, except that in exercising the 
                Secretary's authority under this subparagraph the 
                Secretary--
                          (i) shall not alienate property administered 
                        as part of the System to acquire land by 
                        exchange;
                          (ii) shall not acquire property without the 
                        consent of the owner; and
                          (iii) may acquire property owned by a State 
                        or political subdivision of a State only by 
                        donation.
          (2) Consultation.--Prior to making a determination under this 
        subsection, the Secretary shall consult with the governing body 
        of the county, city, town, or other jurisdiction or 
        jurisdictions having primary taxing authority over the land or 
        interest to be acquired as to the impacts of the proposed 
        action.
          (3) Action to advance local public awareness.--The Secretary 
        shall take such steps as the Secretary considers appropriate to 
        advance local public awareness of the proposed action.
          (4) Administration of acquisitions.--Land, water, and 
        interests in land or water acquired in accordance with this 
        subsection shall be administered as part of the System unit to 
        which they are added, subject to the laws and regulations 
        applicable thereto.
          (5) When authority applies.--For the purposes of paragraph 
        (1)(A), in all cases except the case of technical boundary 
        revisions (resulting from such causes as survey error or 
        changed road alignments), the authority of the Secretary under 
        paragraph (1)(A) shall apply only if each of the following 
        conditions is met:
                  (A) The sum of the total acreage of the land, water, 
                and interests in land or water to be added to the 
                System unit and the total acreage of the land, water, 
                and interests in land or water to be deleted from the 
                System unit is not more than 5 percent of the total 
                Federal acreage authorized to be included in the System 
                unit and is less than 200 acres.
                  (B) The acquisition, if any, is not a major Federal 
                action significantly affecting the quality of the human 
                environment, as determined by the Secretary.
                  (C) The sum of the total appraised value of the land, 
                water, and interests in land or water to be added to 
                the System unit and the total appraised value of the 
                land, water, and interests in land or water to be 
                deleted from the System unit does not exceed $750,000.
                  (D) The proposed boundary revision is not an element 
                of a more comprehensive boundary modification proposal.
                  (E) The proposed boundary has been subject to a 
                public review and comment period.
                  (F) The Director obtains written consent for the 
                boundary modification 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 modification.
                  (G) The land abuts other Federal land administered by 
                the Director.
          (6) Act of congress required.--Minor boundary revisions 
        involving only deletions of acreage owned by the Federal 
        Government and administered by the Service may be made only by 
        Act of Congress.
Sec. 1053.10. Availability of Fund amounts for publicity purposes
  (a) In General.--Amounts derived from the sources listed in section 
1053.03 of this title shall not be available for publicity purposes.
  (b) Exception for Temporary Signing.--In each case where significant 
acquisition or development is initiated, appropriate standardized 
temporary signing shall be located on or near the affected site, to the 
extent feasible, so as to indicate the action taken is a product of 
funding made available through the Fund. The signing may indicate the 
percentage amounts and dollar amounts financed by Federal and non-
Federal funds, and that the source of the funding includes amounts 
derived from Outer Continental Shelf receipts. The Secretary shall 
prescribe standards and guidelines for the usage of the signing to 
ensure consistency of design and application.
Sec. 1053.11. Contracts for acquisition of land and water
  Not to exceed $30,000,000 of the amount authorized to be appropriated 
from the Fund by section 1053.04 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 
1053.09(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 deemed a contractual obligation of the 
United States and shall be liquidated with money appropriated from the 
fund specifically for liquidation of that contract obligation. No 
contract may be entered into for the acquisition of property pursuant 
to this section unless the acquisition is otherwise authorized by 
Federal law.
Sec. 1053.12. 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 thereof shall be credited to the 
purchase price of the area. Not to exceed $500,000 of the sum 
authorized to be appropriated from the Fund by section 1053.04 of this 
title may be expended by the Secretary in any one fiscal year for the 
options.
Sec. 1053.13. Transfers to and from Fund
  (a) Motorboat Fuel Taxes.--There shall be set aside in the Fund the 
amounts specified in section 9503(c)(3)(B) of the Internal Revenue Code 
of 1986 (26 U.S.C. 9503(c)(3)(B)).
  (b) Refunds of Taxes.--There shall be paid from time to time from the 
Fund into the general fund of the Treasury amounts estimated by the 
Secretary of the Treasury as equivalent to--
          (1) the amounts paid before October 1, 2012, 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, 2011; and
          (2) 80 percent of the floor stocks refunds made before 
        October 1, 2012, under section 6412(a)(1) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 6412(a)(1)) with respect to 
        gasoline to be used in motorboats.

        CHAPTER 1055--URBAN PARK AND RECREATION RECOVERY PROGRAM

Sec.
1055.01.  Findings.
1055.02.  Purposes.
1055.03.  Definitions.
1055.04.  Federal assistance grants.
1055.05.  Rehabilitation and innovation grants.
1055.06.  Recovery action programs.
1055.07.  State action.
1055.08.  Non-Federal share of project costs.
1055.09.  Conversion of recreation property.
1055.10.  Coordination of program.
1055.11.  Recordkeeping.
1055.12.  Authorization of appropriations.
1055.13.  Limitation on use of funds.
1055.14.  Report.
Sec. 1055.01. Findings
  Congress finds that--
          (1) the quality of life in urban areas is closely related to 
        the availability of fully functional park and recreation 
        systems including land, facilities, and service programs;
          (2) residents of cities need close-to-home recreational 
        opportunities that are adequate to specialized urban demands, 
        with parks and facilities properly located, developed, and well 
        maintained;
          (3) the greatest recreational deficiencies with respect to 
        land, facilities, and programs are found in many large cities, 
        especially at the neighborhood level;
          (4) inadequate financing of urban recreation programs due to 
        fiscal difficulties in many large cities has led to the 
        deterioration of facilities, nonavailability of recreation 
        services, and an inability to adapt recreational programs to 
        changing circumstances; and
          (5) there is no existing Federal assistance program which 
        fully addresses the needs for physical rehabilitation and 
        revitalization of these park and recreation systems.
Sec. 1055.02. Purposes
  (a) Establish Program.--The purpose of this chapter is to authorize 
the Secretary 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 chapter.
  (b) Improve Recreation Facilities and Expand Recreation Services.--It 
is further the purpose of this chapter 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.
  (c) Increase Security.--It is the further purpose of this chapter 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.
Sec. 1055.03. Definitions
  In this chapter:
          (1) At-risk youth recreation grants.--The term ``at-risk 
        youth recreation grants'' means grants in neighborhoods and 
        communities with a high prevalence of crime, particularly 
        violent crime or crime committed by youthful offenders and 
        include--
                  (A) rehabilitation grants,
                  (B) innovation grants, or
                  (C) matching grants for continuing program support 
                for programs of demonstrated value or success in 
                providing constructive alternatives to youth at risk 
                for engaging in criminal behavior, including grants for 
                operating, or coordinating recreation programs and 
                services.
          (2) General purpose local government.--The term ``general 
        purpose local government'' means any city, county, town, 
        township, parish, village, or other general purpose political 
        subdivision of a State, including the District of Columbia, and 
        insular areas.
          (3) Innovation grants.--The term ``innovation grants'' means 
        matching grants to local governments to cover costs of 
        personnel, facilities, equipment, supplies, or services 
        designed to demonstrate innovative and cost-effective ways to 
        augment park and recreation opportunities at the neighborhood 
        level and to address common problems related to facility 
        operations and improved delivery of recreation service, and 
        which shall exclude routine operation and maintenance 
        activities.
          (4) Insular areas.--The term ``insular areas'' means Guam, 
        the Virgin Islands, American Samoa, and the Northern Mariana 
        Islands.
          (5) Maintenance.--The term ``maintenance'' means all commonly 
        accepted practices necessary to keep recreation areas and 
        facilities operating in a state of good repair and to protect 
        them from deterioration resulting from normal wear and tear.
          (6) Private, nonprofit agency.--The term ``private, nonprofit 
        agency'' means a community-based, non-profit organization, 
        corporation, or association organized for purposes of providing 
        recreational, conservation, and educational services directly 
        to urban residents on either a neighborhood or communitywide 
        basis through voluntary donations, voluntary labor, or public 
        or private grants.
          (7) Recovery action program grants.--The term ``recovery 
        action program grants'' means matching grants to local 
        governments for development of local park and recreation 
        recovery action programs to meet the requirements of this 
        chapter. Such grants will be for resource and needs assessment, 
        coordination, citizen involvement and planning, and program 
        development activities to encourage public definition of goals, 
        and develop priorities and strategies for overall recreation 
        system recovery.
          (8) Recreational areas and facilities.--The term 
        ``recreational areas and facilities'' means indoor or outdoor 
        parks, buildings, sites, or other facilities which are 
        dedicated to recreation purposes and administered by public or 
        private nonprofit agencies to serve the recreation needs of 
        community residents. Emphasis shall be on public facilities 
        readily accessible to residential neighborhoods, including 
        multiple-use community centers which have recreation as one of 
        their primary purposes, but excluding major sports arenas, 
        exhibition areas, and conference halls used primarily for 
        commercial sports, spectator, or display activities.
          (9) Rehabilitation grants.--The term ``rehabilitation 
        grants'' means matching capital grants to local governments 
        for--
                  (A) rebuilding, remodeling, expanding, or developing 
                existing outdoor or indoor recreation areas and 
                facilities, including improvements in park landscapes, 
                buildings, and support facilities, but excluding 
                routine maintenance and upkeep activities; and
                  (B) lighting, emergency phones or other capital 
                improvements that will improve the security of urban 
                parks.
          (10) Special purpose local government.--The term ``special 
        purpose local government'' means any local or regional special 
        district, public-purpose corporation or other limited political 
        subdivision of a State, including but not limited to park 
        authorities; park, conservation, water or sanitary districts; 
        and school districts;
          (11) State.--The term ``State'' means any State of the United 
        States or any instrumentality of a State approved by the 
        Governor, Puerto Rico, and insular areas.
Sec. 1055.04. Federal assistance grants
  (a) Eligible General Purpose Local Governments.--In addition to 
eligible local governments established in accordance with section 
1005(a) of the Urban Park and Recreation Recovery Act of 1978 (Public 
Law 95-625, 92 Stat. 3540), the Secretary may establish eligibility, in 
accord with the findings and purpose of this chapter, of other general 
purpose local governments in standard metropolitan statistical areas as 
defined by the census.
  (b) Priority Criteria for Project Selection and Approval.--
          (1) In general.--The Secretary shall establish priority 
        criteria for project selection and approval that consider such 
        factors as--
                  (A) population;
                  (B) condition of existing recreation areas and 
                facilities;
                  (C) demonstrated deficiencies in access to 
                neighborhood recreation opportunities, particularly for 
                minority, and low- and moderate-income residents;
                  (D) public participation in determining 
                rehabilitation or development needs;
                  (E) the extent to which a project supports or 
                complements target activities undertaken as part of a 
                local government's overall community development and 
                urban revitalization program;
                  (F) the extent to which a proposed project would 
                provide employment opportunities for minorities, youth, 
                and low- and moderate-income residents in the project 
                neighborhood and/or would provide 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; and
                  (G) the amount of State and private support for a 
                project as evidenced by commitments of non-Federal 
                resources to project construction or operation.
          (2) At-risk youth recreation grants.--For at-risk youth 
        recreation grants, the Secretary shall give a priority to each 
        of the following criteria:
                  (A) Programs that are targeted to youth who are at 
                the greatest risk of becoming involved in violence and 
                crime.
                  (B) Programs that teach important values and life 
                skills, including teamwork, respect, leadership, and 
                self-esteem.
                  (C) Programs that offer tutoring, remedial education, 
                mentoring, and counseling in addition to recreation 
                opportunities.
                  (D) Programs that offer services during late night or 
                other nonschool hours.
                  (E) Programs that demonstrate collaboration between 
                local park and recreation, juvenile justice, law 
                enforcement, and youth social service agencies and 
                nongovernmental entities, including the private sector 
                and community and nonprofit organizations.
                  (F) Programs that leverage public or private 
                recreation investments in the form of services, 
                materials, or cash.
                  (G) Programs that show the greatest potential of 
                being continued with non-Federal funds or which can 
                serve as models for other communities.
  (c) Limitation of Funds.--Grants to discretionary applicants under 
subsection (a) may not be more than 15 percent of the total amount of 
funds appropriated under this chapter for rehabilitation, innovation, 
and recovery action program grants.
Sec. 1055.05. Rehabilitation and innovation grants
  (a) Matching Grants.--The Secretary may provide 70 percent matching 
rehabilitation and innovative grants directly to eligible general 
purpose local governments on the Secretary's approval of applications 
for those grants by the chief executives of those governments.
  (b) Special Considerations.--Innovation grants should be closely tied 
to goals, priorities, and implementation strategies expressed in local 
park and recreation recovery action programs, with particular regard to 
the special considerations listed in section 1055.06(c)(2) of this 
title.
  (c) Transfer.--At the discretion of the applicants, and if consistent 
with an approved application, rehabilitation and innovation grants may 
be transferred in whole or in part to independent special purpose local 
governments, private nonprofit agencies or county or regional park 
authorities provided that assisted recreation areas and facilities 
owned or managed by the transferree offer recreation opportunities to 
the general population within the jurisdictional boundaries of an 
eligible applicant.
  (d) Payments.--Payments may be made only for rehabilitation or 
innovative projects that have been approved by the Secretary. Payments 
may be made from time to time in keeping with the rate of progress 
toward the satisfactory completion of a project, except that the 
Secretary, when appropriate, may make advance payments on approved 
rehabilitation and innovative projects in an amount not to exceed 20 
percent of the total project cost.
  (e) Modification of Project.--The Secretary may authorize 
modification of an approved project only when a grantee has adequately 
demonstrated that the modification is necessary because of 
circumstances not foreseeable at the time a project was proposed.
Sec. 1055.06. Recovery action programs
  (a) Evidence of Local Commitment to Ongoing Programs.--As a 
requirement for project approval, local governments applying for 
assistance under this chapter shall submit to the Secretary evidence of 
their commitments to ongoing planning, rehabilitation, service, 
operation, and maintenance programs for their park and recreation 
systems. These commitments will be expressed in local park and 
recreation recovery action programs that maximize coordination of all 
community resources, including other federally supported urban 
development and recreation programs. During an initial interim period 
to be established by regulations under this chapter, this requirement 
may be satisfied by local government submissions of preliminary action 
programs that briefly define objectives, priorities, and implementation 
strategies for overall system recovery and maintenance and commit the 
applicant to a scheduled program development process. Following this 
interim period, all local applicants shall submit to the Secretary, as 
a condition of eligibility, a 5-year action program for park and 
recreation recovery that satisfactorily demonstrates--
          (1) systematic identification of recovery objectives, 
        priorities, and implementation strategies;
          (2) adequate planning for rehabilitation of specific 
        recreation areas and facilities, including projections of the 
        cost of proposed projects;
          (3) the capacity and commitment to ensure that facilities 
        provided or improved under this chapter shall continue to be 
        adequately maintained, protected, staffed, and supervised;
          (4) the intention to maintain total local public outlays for 
        park and recreation purposes at levels at least equal to those 
        in the year preceding that in which grant assistance is sought 
        except in any case where a reduction in park and recreation 
        outlays is proportionate to a reduction in overall spending by 
        the applicant; and
          (5) the relationship of the park and recreation recovery 
        program to overall community development and urban 
        revitalization efforts.
  (b) Continuing Planning Process.--Where appropriate, the Secretary 
may encourage local governments to meet action program requirements 
through a continuing planning process that includes periodic 
improvements and updates in action program submissions to eliminate 
identified gaps in program information and policy development.
  (c) Special Considerations.--Action programs shall address, but are 
not limited to--
          (1) rehabilitation of existing recreational sites and 
        facilities, including--
                  (A) general systemwide renovation;
                  (B) special rehabilitation requirements for 
                recreational sites and facilities in areas of high 
                population concentration and economic distress; and
                  (C) restoration of outstanding or unique structures, 
                landscaping, or similar features in parks of historical 
                or architectural significance; and
          (2) local commitments to innovative and cost-effective 
        programs and projects at the neighborhood level to augment 
        recovery of park and recreation systems, including--
                  (A) recycling of abandoned schools and other public 
                buildings for recreational purposes;
                  (B) multiple use of operating educational and other 
                public buildings, purchase of recreation services on a 
                contractual basis;
                  (C) use of mobile facilities and recreational, 
                cultural, and educational programs or other innovative 
                approaches to improving access for neighborhood 
                residents;
                  (D) integration of recovery program with federally 
                assisted projects to maximize recreational 
                opportunities through conversion of abandoned railroad 
                and highway rights of way, waterfront, and other 
                redevelopment efforts and such other federally assisted 
                projects as may be appropriate;
                  (E) conversion of recreation use of street space, 
                derelict land, and other public land not now designated 
                for neighborhood recreational use; and
                  (F) use of various forms of compensated and 
                uncompensated land regulation, tax inducements, or 
                other means to encourage the private sector to provide 
                neighborhood park and recreation facilities and 
                programs.
  (d) Publication in Federal Register.--The Secretary shall establish 
and publish in the Federal Register requirements for preparation, 
submission, and updating of local park and recreation recovery action 
programs.
  (e) Eligibility for At-Risk Youth Recreation Grants.--To be eligible 
to receive at-risk youth recreation grants a local government shall 
amend its 5-year action program to incorporate the goal of reducing 
crime and juvenile delinquency and to provide a description of the 
implementation strategies to achieve this goal. The plan shall also 
address how the local government is coordinating its recreation 
programs with crime prevention efforts of law enforcement, juvenile 
corrections, and youth social service agencies.
  (f) Matching Grants.--The Secretary may provide up to 50 percent 
matching grants to eligible local applicants for program development 
and planning specifically to meet the objectives of this chapter.
Sec. 1055.07. State action
  (a) Additional Match.--The Secretary may increase Federal 
implementation grants authorized in section 1055.05 of this title by 
providing an additional match equal to the total match provided by a 
State of up to 15 percent of total project costs. In no event may the 
Federal matching amount exceed 85 percent of total project cost.
  (b) Adequate Implementation of Local Recovery Plans.--The Secretary 
shall encourage States to assist the Secretary in ensuring that local 
recovery plans and programs are adequately implemented by cooperating 
with the Department of the Interior in monitoring local park and 
recreation recovery plans and programs and in ensuring consistency of 
the plans and programs, where appropriate, with State recreation 
policies as set forth in statewide comprehensive outdoor recreation 
plans.
Sec. 1055.08. Non-Federal share of project costs
  (a) Sources.--
          (1) Allowable sources.--The non-Federal share of project 
        costs assisted under this chapter may be derived from general 
        or special purpose State or local revenues, State categorical 
        grants, special appropriations by State legislatures, donations 
        of land, buildings, or building materials, and in-kind 
        construction, technical, and planning services. Reasonable 
        local costs of action program development to meet the 
        requirements of section 1055.06(a) of this title may be used as 
        part of the local match only when local applicants have not 
        received program development grants under the authority of 
        section 1055.06(f) of this title.
          (2) Non-allowable sources.--No amounts from the Land and 
        Water Conservation Fund established under section 1053.03 of 
        this title or from any other Federal grant program other than 
        the community development block grant programs shall be used to 
        match Federal grants under this program.
  (b) Encouragement of States and Private Interests.--The Secretary 
shall encourage States and private interests to contribute, to the 
maximum extent possible, to the non-Federal share of project costs.
Sec. 1055.09. 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 
conversion only if the Secretary finds it to be in accord with the 
current local park and recreation recovery action program and only on 
such conditions as the Secretary considers necessary to ensure the 
provision of adequate recreation properties and opportunities of 
reasonably equivalent location and usefulness.
Sec. 1055.10. 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 departments and 
        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 
        appropriate State agencies and local applicants; and
          (3) require that local applicants include provisions for 
        participation of community and neighborhood residents and for 
        public-private coordination in recovery planning and project 
        selection.
Sec. 1055.11. Recordkeeping
  Each recipient of assistance under this chapter shall keep such 
records as the Secretary shall prescribe, including records that fully 
disclose the amount and disposition of project undertakings in 
connection with which assistance under this chapter is given or used, 
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. The Secretary, and the Comptroller 
General of the United States, or their duly authorized representatives, 
shall have access for the purpose of audit and examination to any 
records of the recipient that are pertinent to assistance received 
under this chapter.
Sec. 1055.12. Authorization of appropriations
  (a) Limitation of Funds.--Grants made under this chapter for projects 
in any one State shall not be more than 15 percent of the total amount 
of funds authorized to be appropriated in any fiscal year.
  (b) Insular Areas.--Amounts authorized for the insular areas are not 
subject to the matching provisions of this chapter, and may only be 
subject to such conditions, reports, plans, and agreements, if any, as 
determined by the Secretary.
  (c) Program Support.--Not more than 25 percent of the amounts made 
available under this chapter to any local government may be used for 
program support.
Sec. 1055.13. Limitation on use of funds
  No funds available under this chapter shall be used for the 
acquisition of land or interests in land.
Sec. 1055.14. Report
  Within 90 days of the expiration of this authority, the Secretary 
shall report to Congress on the overall impact of the urban park and 
recreation recovery program.

               DIVISION C--SYSTEM UNITS AND RELATED AREAS

                               [RESERVED]

    Subtitle II--Historic Sites, Buildings, Objects, and Antiquities

                     DIVISION A--GENERAL PROVISIONS

           CHAPTER 2001--POLICY AND ADMINISTRATIVE PROVISIONS

Sec.
2001.01.  Declaration of national policy.
2001.02.  Duties of Secretary.
2001.03.  Cooperation with governmental and private agencies and 
          individuals.
2001.04.  Jurisdiction of States in acquired land.
2001.05.  Authorization of appropriations.
Sec. 2001.01. Declaration of national policy
  It is declared that it is a national policy to preserve for public 
use historic sites, buildings, and objects of national significance for 
the inspiration and benefit of the people of the United States.
Sec. 2001.02. Duties of Secretary
  The Secretary, through the Service, for the purpose of effectuating 
the policy expressed in this chapter, shall perform the following 
duties:
          (1) The Secretary shall secure, collate, and preserve 
        drawings, plans, photographs, and other data of historic and 
        archaeologic sites, buildings, and objects.
          (2) The Secretary shall make a survey of historic and 
        archaeologic sites, buildings, and objects for the purpose of 
        determining which possess exceptional value as commemorating or 
        illustrating the history of the United States.
          (3) The Secretary shall make necessary investigations and 
        researches in the United States relating to particular sites, 
        buildings, and objects to obtain accurate historical and 
        archaeological facts and information concerning the sites, 
        buildings, and objects.
          (4) The Secretary shall, for the purpose of this chapter, 
        acquire in the name of the United States by gift, purchase, or 
        otherwise any property, personal or real, or any interest or 
        estate in property, title to any real property to be 
        satisfactory to the Secretary. Property that is owned by any 
        religious or educational institution or that is owned or 
        administered for the benefit of the public shall not be 
        acquired without the consent of the owner. No property shall be 
        acquired or contract or agreement for the acquisition of the 
        property made that will obligate the general fund of the 
        Treasury for the payment of the property, unless Congress has 
        appropriated money that is available for that purpose.
          (5) The Secretary shall contract and make cooperative 
        agreements with States, municipal subdivisions, corporations, 
        associations, or individuals, with proper bond where considered 
        advisable, to protect, preserve, maintain, or operate any 
        historic or archaeologic building, site, or object, or property 
        used in connection with the building, site, or object, for 
        public use, regardless whether the title to the building, site, 
        object, or property is in the United States. No contract or 
        cooperative agreement shall be made or entered into that will 
        obligate the general fund of the Treasury unless or until 
        Congress has appropriated money for that purpose.
          (6) The Secretary shall restore, reconstruct, rehabilitate, 
        preserve, and maintain historic or prehistoric sites, 
        buildings, objects, and properties of national historical or 
        archaeological significance and where deemed desirable 
        establish and maintain museums in connection with the sites, 
        buildings, objects, and properties.
          (7) The Secretary shall erect and maintain tablets to mark or 
        commemorate historic or prehistoric places and events of 
        national historical or archaeological significance.
          (8) The Secretary shall operate and manage historic and 
        archaeologic sites, buildings, and properties acquired under 
        this chapter together with land and subordinate buildings for 
        the benefit of the public. The authority under this paragraph 
        includes the power to charge reasonable visitation fees and 
        grant concessions, leases, or permits for the use of land, 
        building space, roads, or trails when necessary or desirable 
        either to accommodate the public or to facilitate 
        administration. The Secretary may grant those concessions, 
        leases, or permits and enter into contracts relating to the 
        contracts, leases, or permits with responsible persons, firms, 
        or corporations without advertising and without securing 
        competitive bids.
          (9) When the Secretary determines that it would be 
        administratively burdensome to restore, reconstruct, operate, 
        or maintain any particular historic or archaeologic site, 
        building, or property donated to the United States through the 
        Service, the Secretary may cause the restoration, 
        reconstruction, operation, or maintenance to be done by 
        organizing a corporation for that purpose under the laws of the 
        District of Columbia or any State.
          (10) The Secretary shall develop an educational program and 
        service for the purpose of making available to the public 
        information pertaining to American historic and archaeologic 
        sites, buildings, and properties of national significance. 
        Reasonable charges may be made for the dissemination of any 
        such information.
          (11) The Secretary shall perform any and all acts and make 
        regulations not inconsistent with this chapter that may be 
        necessary and proper to carry out this chapter. Any person 
        violating any of the regulations authorized by this chapter 
        shall be fined under title 18 and be adjudged to pay all cost 
        of the proceedings.
Sec. 2001.03. Cooperation with governmental and private agencies and 
                    individuals
  (a) Authorization of Secretary.--The Secretary may cooperate with and 
may seek and accept the assistance of any Federal, State, or local 
agency, educational or scientific institution, patriotic association, 
or individual.
  (b) Technical Advisory Committees.--When the Secretary considers it 
necessary, the Secretary may establish technical advisory committees to 
act in an advisory capacity in connection with the restoration or 
reconstruction of any historic or prehistoric building or other 
structure.
  (c) Employment of Assistance.--The Secretary may employ professional 
and technical assistance and establish service as may be required to 
accomplish the purposes of this chapter and for which money may be 
appropriated by Congress or made available by gifts for those purposes.
Sec. 2001.04. Jurisdiction of States in acquired land
  Nothing in this chapter shall be held to deprive any State, or 
political subdivision of a State, of its civil and criminal 
jurisdiction in and over land acquired by the United States under this 
chapter.
Sec. 2001.05. Authorization of appropriations
  (a) In General.--There are authorized to be appropriated to carry out 
this chapter such sums as Congress may from time to time determine.
  (b) Requirement for Specific Authorization.--Notwithstanding any 
other provision of law, no funds appropriated or otherwise made 
available to the Secretary to carry out paragraph (5) or (6) of section 
2001.02 of this title may be obligated or expended--
          (1) unless the appropriation of the funds has been 
        specifically authorized by law enacted on or after October 30, 
        1992; or
          (2) in excess of the amount prescribed by law enacted on or 
        after October 30, 1992.

                       CHAPTER 2003--DEFINITIONS

Sec.
2003.01.  National Trust.
Sec. 2003.01. National Trust.
  In this subtitle, the term ``National Trust'' means the National 
Trust for Historic Preservation in the United States established under 
section 2071.02 of this title.

                   DIVISION B--HISTORIC PRESERVATION

                   Subdivision 1--General Provisions

            CHAPTER 2011--FINDINGS, POLICY, AND DEFINITIONS

Sec.
2011.01.  Findings.
2011.02.  Declaration of policy.
2011.03.  Definitions.
Sec. 2011.01. Findings
  Congress finds that--
          (1) the spirit and direction of the Nation are founded on and 
        reflected in its historic heritage;
          (2) the historical and cultural foundations of the Nation 
        should be preserved as a living part of our community life and 
        development in order to give a sense of orientation to the 
        American people;
          (3) historic properties significant to the Nation's heritage 
        are being lost or substantially altered, often inadvertently, 
        with increasing frequency;
          (4) the preservation of this irreplaceable heritage is in the 
        public interest so that its vital legacy of cultural, 
        educational, aesthetic, inspirational, economic, and energy 
        benefits will be maintained and enriched for future generations 
        of Americans;
          (5) in the face of ever-increasing extensions of urban 
        centers, highways, and residential, commercial, and industrial 
        developments, the governmental and nongovernmental historic 
        preservation programs and activities as of December 12, 1980, 
        were inadequate to ensure future generations a genuine 
        opportunity to appreciate and enjoy the rich heritage of our 
        Nation;
          (6) the increased knowledge of our historic properties, the 
        establishment of better means of identifying and administering 
        them, and the encouragement of their preservation will improve 
        the planning and execution of Federal and federally assisted 
        projects and will assist economic growth and development; and
          (7) although the major burdens of historic preservation have 
        been borne and major efforts initiated by private agencies and 
        individuals, and both should continue to play a vital role, it 
        is nevertheless necessary and appropriate for the Federal 
        Government to accelerate its historic preservation programs and 
        activities, to give maximum encouragement to agencies and 
        individuals undertaking preservation by private means, and to 
        assist State and local governments and the National Trust to 
        expand and accelerate their historic preservation programs and 
        activities.
Sec. 2011.02. Declaration of policy
  It is the policy of the Federal Government, in cooperation with other 
nations and in partnership with States, local governments, Indian 
tribes, Native Hawaiians, 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 properties 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 
        properties 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 properties in a spirit of stewardship for the 
        inspiration and benefit of present and future generations;
          (4) contribute to the preservation of nonfederally owned 
        historic properties 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.
Sec. 2011.03. Definitions
  In this division:
          (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5.
          (2) Certified local government.--The term ``certified local 
        government'' means a local government whose local historic 
        preservation program is certified pursuant to chapter 2027 of 
        this title.
          (3) Council.--The term ``Council'' means the Advisory Council 
        on Historic Preservation established by section 2041.01 of this 
        title.
          (4) Cultural park.--The term ``cultural park'' means a 
        definable area that--
                  (A) is distinguished by historic properties and land 
                related to those properties; and
                  (B) constitutes an interpretive, educational, and 
                recreational resource for the public at large.
          (5) Historic conservation district.--The term ``historic 
        conservation district'' means an area that contains--
                  (A) historic properties;
                  (B) buildings having similar or related architectural 
                characteristics;
                  (C) cultural cohesiveness; or
                  (D) any combination of features described in 
                subparagraphs (A) to (C).
          (6) Historic preservation fund.--The term ``Historic 
        Preservation Fund'' means the Historic Preservation Fund 
        established under section 2055.11 of this title.
          (7) Historic preservation review commission.--The term 
        ``historic preservation review commission'' means a board, 
        council, commission, or other similar collegial body--
                  (A) that is established by State or local legislation 
                as provided in section 2027.02(a)(2) of this title; and
                  (B) 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--
                          (i) professionals in the disciplines of 
                        architecture, history, architectural history, 
                        planning, prehistoric and historic archaeology, 
                        folklore, cultural anthropology, curation, 
                        conservation, and landscape architecture, or 
                        related disciplines, to the extent that those 
                        professionals are available in the community; 
                        and
                          (ii) 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.
          (8) Historic property.--The term ``historic property'' means 
        any prehistoric or historic property included on, or eligible 
        for inclusion on, the National Register.
          (9) Indian tribe.--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 (16 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.
          (10) Local government.--The term ``local government'' means a 
        city, county, parish, township, municipality, or borough, or 
        any other general purpose political subdivision of any State.
          (11) National register.--The term ``National Register'' means 
        the National Register of Historic Places maintained under 
        chapter 2023 of this title.
          (12) Native hawaiian.--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.
          (13) Native hawaiian organization.--
                  (A) In general.--The term ``Native Hawaiian 
                organization'' means any organization that--
                          (i) serves and represents the interests of 
                        Native Hawaiians;
                          (ii) has as a primary and stated purpose the 
                        provision of services to Native Hawaiians; and
                          (iii) has demonstrated expertise in aspects 
                        of historic preservation that are culturally 
                        significant to Native Hawaiians.
                  (B) Inclusions.--The term ``Native Hawaiian 
                organization'' includes the Office of Hawaiian Affairs 
                of Hawaii and Hui Malama I Na Kupuna O Hawai'i Nei, an 
                organization incorporated under the laws of Hawaii.
          (14) Preservation or historic preservation.--The term 
        ``preservation'' or ``historic preservation'' includes--
                  (A) identification, evaluation, recordation, 
                documentation, curation, acquisition, protection, 
                management, rehabilitation, restoration, stabilization, 
                maintenance, research, interpretation, and 
                conservation;
                  (B) education and training regarding the foregoing 
                activities; or
                  (C) any combination of the foregoing activities.
          (15) Property.--
                  (A) In general.--The term ``property'' means a 
                district, site, building, structure, or object.
                  (B) Inclusions.--The term ``property'' includes 
                artifacts, records, and material remains that are 
                related to a district, site, building, structure, or 
                object.
          (16) State.--The term ``State'' means a State, the District 
        of Columbia, Puerto Rico, Guam, the Virgin Islands, American 
        Samoa, the Northern Mariana Islands, the Marshall Islands, the 
        Federated States of Micronesia, and Palau.
          (17) State historic preservation review board.--The term 
        ``State historic preservation review board'' means a board, 
        council, commission, or other similar collegial body 
        established as provided in section 2025.01(2) of this title--
                  (A) the members of which are appointed by the State 
                Historic Preservation Officer (unless otherwise 
                provided for by State law);
                  (B) a majority of the members of which are 
                professionals qualified in history, prehistoric and 
                historic archaeology, architectural history, 
                architecture, folklore, cultural anthropology, 
                curation, conservation, landscape architecture, and 
                related disciplines; and
                  (C) that has the authority to--
                          (i) review National Register nominations and 
                        appeals from nominations;
                          (ii) review appropriate documentation 
                        submitted in conjunction with the Historic 
                        Preservation Fund;
                          (iii) provide general advice and guidance to 
                        the State Historic Preservation Officer; and
                          (iv) perform such other duties as may be 
                        appropriate.
          (18) Tribal land.--The term ``tribal land'' means--
                  (A) all land within the exterior boundaries of any 
                Indian reservation; and
                  (B) all dependent Indian communities.
          (19) Undertaking.--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--
                  (A) those carried out by or on behalf of the Federal 
                agency;
                  (B) those carried out with Federal financial 
                assistance;
                  (C) those requiring a Federal permit license, or 
                approval; and
                  (D) those subject to State or local regulation 
                administered pursuant to a delegation or approval by a 
                Federal agency.
          (20) World heritage convention.--The term ``World Heritage 
        Convention'' means the Convention concerning the Protection of 
        the World Cultural and Natural Heritage, done at Paris November 
        23, 1972 (27 UST 37).

              Subdivision 2--Historic Preservation Program

                       CHAPTER 2021--DEFINITIONS

Sec.
2021.01.  Definitions.
Sec. 2021.01. Definitions
  In this subdivision:
          (1) Designation.--The term ``designation'' means the 
        identification and registration of properties for protection 
        that meet criteria established by a State or locality for 
        significant historic properties within the jurisdiction of a 
        local government.
          (2) Protection.--The term ``protection'' means protection by 
        means of a local review process under State or local law for 
        proposed demolition of, changes to, or other action that may 
        affect historic properties designated pursuant to chapter 2027 
        of this title.

           CHAPTER 2023--NATIONAL REGISTER OF HISTORIC PLACES

Sec.
2023.01.  Maintenance by Secretary.
2023.02.  Inclusion of properties on National Register.
2023.03.  Criteria and regulations.
2023.04.  Nominations for inclusion on National Register.
2023.05.  Objection to inclusion on National Register or designation as 
          National Historic Landmark.
2023.06.  Regulations.
2023.07.  Review of threats to historic properties.
Sec. 2023.01. Maintenance by Secretary
  The Secretary may expand and maintain a National Register of Historic 
Places composed of properties significant in American history, 
architecture, archaeology, engineering, and culture.
Sec. 2023.02. Inclusion of properties on National Register
  (a) In General.--A property that meets the criteria for National 
Historic Landmarks established pursuant to section 2023.03 of this 
title shall be designated as a National Historic Landmark and included 
on the National Register, subject to the requirements of section 
2023.06 of this title.
  (b) Historic Properties on National Register on December 12, 1980.--
All historic properties included on the National Register on December 
12, 1980, shall be deemed to be included on the National Register as of 
their initial listing for purposes of this division.
  (c) Historic Properties Listed in Federal Register of February 6, 
1979, or Prior to December 12, 1980, as National Historic Landmarks.--
All historic properties listed in the Federal Register of February 6, 
1979, or prior to December 12, 1980, as National Historic Landmarks are 
declared by Congress to be National Historic Landmarks of national 
historic significance as of their initial listing in the Federal 
Register for purposes of this division and chapter 2001 of this title.
  (d) Boundaries.--In the case of a National Historic Landmark district 
for which no boundaries had been established as of December 12, 1980, 
boundaries must first be published in the Federal Register.
Sec. 2023.03. Criteria and regulations
  The Secretary, in consultation with national historical and 
archaeological 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 properties for inclusion in 
                the World Heritage List in accordance with the World 
                Heritage Convention;
                  (E) making determinations of eligibility of 
                properties for inclusion on the National Register; and
                  (F) notifying the owner of a property, any 
                appropriate local governments, and the general public, 
                when the property is being considered for inclusion on 
                the National Register, for designation as a National 
                Historic Landmark, or for nomination to the World 
                Heritage List.
Sec. 2023.04. Nominations for inclusion on National Register
  (a) Nomination by State.--Subject to the requirements of section 
2023.06 of this title, any State that is carrying out a program 
approved under chapter 2025 of this title shall nominate to the 
Secretary properties that meet the criteria promulgated under section 
2023.03 of this title for inclusion on the National Register. Subject 
to section 2023.06 of this title, any property nominated under this 
subsection or under section 2051.02 of this title shall be included on 
the National Register on the date that is 45 days after receipt by the 
Secretary of the nomination and the necessary documentation, unless the 
Secretary disapproves the nomination within the 45-day period or unless 
an appeal is filed under subsection (c).
  (b) Nomination by Person or Local Government.--Subject to the 
requirements of section 2023.06 of this title, the Secretary may accept 
a nomination directly from any person or local government for inclusion 
of a property on the National Register only if the property is located 
in a State where there is no program approved under chapter 2025 of 
this title. The Secretary may include on the National Register any 
property for which such a nomination is made if the Secretary 
determines that the property is eligible in accordance with the 
regulations promulgated under section 2023.03 of this title. The 
determination shall be made within 90 days from the date of the 
nomination unless the nomination is appealed under subsection (c).
  (c) Appeal.--Any person or local government may appeal to the 
Secretary--
          (1) a nomination of any property for inclusion on the 
        National Register; and
          (2) the failure or refusal of a nominating authority to 
        nominate a property in accordance with this chapter.
Sec. 2023.05. Objection to inclusion on National Register or 
                    designation as National Historic Landmark
  (a) Regulations.--The Secretary shall promulgate regulations 
requiring that before any property may be included on the National 
Register or designated as a National Historic Landmark, the owner of 
the property, or a majority of the owners of the individual properties 
within a district in the case of a historic district, shall be given 
the opportunity (including a reasonable period of time) to concur in, 
or object to, the nomination of the property for inclusion or 
designation. The regulations shall include provisions to carry out this 
section in the case of multiple ownership of a single property.
  (b) When Property Shall Not Be Included on National Register or 
Designated as National Historic Landmark.--If the owner of any 
privately owned property, or a majority of the owners of privately 
owned properties within the district in the case of a historic 
district, object to inclusion or designation, the property shall not be 
included on the National Register or designated as a National Historic 
Landmark until the objection is withdrawn.
  (c) Review by Secretary.--The Secretary shall review the nomination 
of the property when an objection has been made and shall determine 
whether or not the property is eligible for inclusion or designation. 
If the Secretary determines that the property is eligible for inclusion 
or designation, the Secretary shall inform the Advisory Council on 
Historic Preservation, the appropriate State Historic Preservation 
Officer, the appropriate chief elected local official, and the owner or 
owners of the property of the Secretary's determination.
  (d) Retention of Name.--Notwithstanding section 43(c) of the Act of 
July 5, 1946 (known as the Trademark Act of 1946) (15 U.S.C. 1125(c)), 
buildings and structures on or eligible for inclusion on the National 
Register (either individually or as part of a historic district), or 
designated as an individual landmark or as a contributing building in a 
historic district by a unit of State or local government, may retain 
the name historically associated with the building or structure.
Sec. 2023.06. Regulations
  The Secretary shall promulgate regulations--
          (1) ensuring that significant prehistoric and historic 
        artifacts, and associated records, subject to subchapter I of 
        chapter 2051 of this title, chapter 2081 of this title, and 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 properties 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 
        2027.01 and 2027.02 of this title and for the allocation of 
        funds pursuant to section 2055.03(d) of this title.
Sec. 2023.07. Review of threats to historic properties
  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 properties to--
          (1) determine the kinds of historic properties that may be 
        threatened;
          (2) ascertain the causes of the threats; and
          (3) develop and submit to the President and Congress 
        recommendations for appropriate action.

           CHAPTER 2025--STATE HISTORIC PRESERVATION PROGRAMS

Sec.
2025.01.  Regulations.
2025.02.  Program evaluation.
2025.03.  State Historic Preservation Officer.
2025.04.  Contracts and cooperative agreements.
Sec. 2025.01. Regulations
  The Secretary, in consultation with the National Conference of State 
Historic Preservation Officers and the National Trust for Historic 
Preservation, shall promulgate or revise 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 executive 
        officer of the State of a State Historic Preservation Officer 
        to administer the program in accordance with section 2025.03 of 
        this title and for the employment or appointment by the officer 
        of professionally qualified staff that may be necessary for 
        those purposes;
          (2) an adequate and qualified State historic preservation 
        review board designated by the State Historic Preservation 
        Officer unless otherwise provided for by State law; and
          (3) adequate public participation in the State Historic 
        Preservation Program, including the process of recommending 
        properties for nomination to the National Register.
Sec. 2025.02. Program evaluation
  (a) When Evaluation Should Occur.--Periodically, but not less than 
every 4 years after the approval of any State program under this 
section, the Secretary, in consultation with the Council on the 
appropriate provisions of this division, and in cooperation with the 
State Historic Preservation Officer, shall evaluate the program to 
determine whether it is consistent with this division.
  (b) Disapproval of Program.--If, at any time, the Secretary 
determines that a major aspect of a State program is not consistent 
with this division, the Secretary shall disapprove the program and 
suspend in whole or in part any contracts or cooperative agreements 
with the State and the State Historic Preservation Officer under this 
division, until the program is consistent with this division, unless 
the Secretary determines that the program will be made consistent with 
this division within a reasonable period of time.
  (c) Oversight.--The Secretary, in consultation with State Historic 
Preservation Officers, shall establish oversight methods to ensure 
State program consistency and quality without imposing undue review 
burdens on State Historic Preservation Officers.
  (d) State Fiscal Audit and Management System.--
          (1) Substitution for comparable federal systems.--At the 
        discretion of the Secretary, a State system of fiscal audit and 
        management may be substituted for comparable Federal systems so 
        long as the State system--
                  (A) establishes and maintains substantially similar 
                accountability standards; and
                  (B) provides for independent professional peer 
                review.
          (2) Fiscal audits and review by secretary.--The Secretary--
                  (A) may conduct periodic fiscal audits of State 
                programs approved under this subdivision as needed; and
                  (B) shall ensure that the programs meet applicable 
                accountability standards.
Sec. 2025.03. State Historic Preservation Officer
  (a) In General.--It shall be the responsibility of a State Historic 
Preservation Officer to administer a State Historic Preservation 
Program.
  (b) Particular Responsibilities.--It shall be the responsibility of a 
State Historic Preservation Officer to--
          (1) in cooperation with Federal and State agencies, local 
        governments, and private organizations and individuals, direct 
        and conduct a comprehensive statewide survey of historic 
        properties and maintain inventories of the properties;
          (2) identify and nominate eligible properties to the National 
        Register and otherwise administer applications for listing 
        historic properties 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 organizations and 
        individuals to ensure that historic properties are 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 2027 of 
        this title;
          (9) consult with appropriate Federal agencies in accordance 
        with this division on--
                  (A) Federal undertakings that may affect historic 
                properties; and
                  (B) the content and sufficiency of any plans 
                developed to protect, manage, or reduce or mitigate 
                harm to those properties; and
          (10) advise and assist in the evaluation of proposals for 
        rehabilitation projects that may qualify for Federal 
        assistance.
Sec. 2025.04. Contracts and cooperative agreements
  (a) State.--Any State may carry out all or any part of its 
responsibilities under this chapter by contract or cooperative 
agreement with any qualified nonprofit organization or educational 
institution.
  (b) Secretary.--
          (1) In general.--
                  (A) Authority to assist secretary.--Subject to 
                paragraphs (3) and (4), the Secretary may enter into 
                contracts or cooperative agreements with a State 
                Historic Preservation Officer for any State authorizing 
                the Officer to assist the Secretary in carrying out one 
                or more of the following responsibilities within that 
                State:
                          (i) Identification and preservation of 
                        historic properties.
                          (ii) Determination of the eligibility of 
                        properties for listing on the National 
                        Register.
                          (iii) Preparation of nominations for 
                        inclusion on the National Register.
                          (iv) Maintenance of historical and 
                        archaeological data bases.
                          (v) Evaluation of eligibility for Federal 
                        preservation incentives.
                  (B) Authority to maintain national register.--Nothing 
                in subparagraph (A) shall be construed to provide that 
                any State Historic Preservation Officer or any other 
                person other than the Secretary shall have the 
                authority to maintain the National Register for 
                properties in any State.
          (2) Requirements.--The Secretary may enter into a contract or 
        cooperative agreement under paragraph (1) only if--
                  (A) the State Historic Preservation Officer has 
                requested the additional responsibility;
                  (B) the Secretary has approved the State historic 
                preservation program pursuant to sections 2045.01 and 
                2045.02 of this title;
                  (C) the State Historic Preservation Officer agrees to 
                carry out the additional responsibility in a timely and 
                efficient manner acceptable to the Secretary and the 
                Secretary determines that the Officer is fully capable 
                of carrying out the responsibility in that manner;
                  (D) the State Historic Preservation Officer agrees to 
                permit the Secretary to review and revise, as 
                appropriate in the discretion of the Secretary, 
                decisions made by the Officer pursuant to the contract 
                or cooperative agreement; and
                  (E) the Secretary and the State Historic Preservation 
                Officer agree on the terms of additional financial 
                assistance to the State, if there is to be any, for the 
                costs of carrying out that responsibility.
          (3) Establish conditions and criteria.--For each significant 
        program area under the Secretary's authority, the Secretary 
        shall establish specific conditions and criteria essential for 
        the assumption by a State Historic Preservation Officer of the 
        Secretary's duties in each of those programs.
          (4) Preservation programs and activities not diminished.--
        Nothing in this chapter shall have the effect of diminishing 
        the preservation programs and activities of the Service.

            CHAPTER 2027--CERTIFICATION OF LOCAL GOVERNMENTS

Sec.
2027.01.  Certification as part of State program.
2027.02.  Reguirements for certification.
2027.03.  Consideration of property for inclusion on National Register.
2027.04.  Eligibility and responsibility of certified local government.
Sec. 2027.01. 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 2055.03(d) of 
this title, of a portion of the grants received by the States under 
this division, to those local governments.
Sec. 2027.02. Requirements for certification
  (a) Approved State Program.--Any local government shall be certified 
to participate under this section if the applicable State Historic 
Preservation Officer, and the Secretary, certify that the local 
government--
          (1) enforces appropriate State or local legislation for the 
        designation and protection of historic properties;
          (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 properties that furthers the purposes of chapter 2025 
        of this title;
          (4) provides for adequate public participation in the local 
        historic preservation program, including the process of 
        recommending properties for nomination to the National 
        Register; and
          (5) satisfactorily performs the responsibilities delegated to 
        it under this division.
  (b) No Approved State Program.--Where there is no approved State 
program, a local government may be certified by the Secretary if the 
Secretary determines that the local government meets the requirements 
of subsection (a). The Secretary may make grants to the local 
government certified under this subsection for purposes of this 
subdivision.
Sec. 2027.03. Consideration of property for inclusion on National 
                    Register
  (a) Notice.--Before a property within the jurisdiction of a certified 
local government may be considered by a State to be nominated to the 
Secretary for inclusion on the National Register, the State Historic 
Preservation Officer shall notify the owner, the applicable chief local 
elected official, and the local historic preservation commission.
  (b) Report.--The local historic preservation commission, after 
reasonable opportunity for public comment, shall prepare a report as to 
whether the property, in the Commission's opinion, meets the criteria 
of the National Register. Within 60 days of notice from the State 
Historic Preservation Officer, the chief local elected official shall 
transmit the report of the commission and the recommendation of the 
local official to the State Historic Preservation Officer.
  (c) Recommendation.--
          (1) Property nominated to national register.--Except as 
        provided in paragraph (2), after receipt of the report and 
        recommendation, or if no report and recommendation are received 
        within 60 days, the State shall make the nomination pursuant to 
        section 2043.04 of this title. The State may expedite the 
        process with the concurrence of the certified local government.
          (2) Property not nominated to national register.--If both the 
        commission and the chief local elected official recommend that 
        a property not be nominated to the National Register, the State 
        Historic Preservation Officer shall take no further action, 
        unless, within 30 days of the receipt of the recommendation by 
        the State Historic Preservation Officer, an appeal is filed 
        with the State. If an appeal is filed, the State shall follow 
        the procedures for making a nomination pursuant to section 
        2023.04 of this title. Any report and recommendations made 
        under this section shall be included with any nomination 
        submitted by the State to the Secretary.
Sec. 2027.04. Eligibility and responsibility of certified local 
                    government
  Any local government that is certified under this section or that is 
making efforts to become certified--
          (1) shall be eligible for funds under section 2055.03(d) of 
        this title; and
          (2) shall carry out any responsibilities delegated to it in 
        accordance with such terms and conditions as the Secretary 
        considers necessary or advisable.

           CHAPTER 2029--HISTORIC PROPERTIES OF INDIAN TRIBES

Sec.
2029.01.  Program to assist Indian tribes in preserving historic 
          properties.
2029.02.  Indian tribe to assume functions of State Historic 
          Preservation Officer.
2029.03.  Apportionment of grant funds.
2029.04.  Contracts and cooperative agreements.
2029.05.  Agreement for review under tribal historic preservation 
          regulations.
2029.06.  Eligibility for inclusion on National Register.
Sec. 2029.01. Program to assist Indian tribes in preserving historic 
                    properties
  (a) Establishment of Program.--The Secretary shall establish a 
program and promulgate regulations to assist Indian tribes in 
preserving their historic properties.
  (b) Communication and Cooperation.--The Secretary shall foster 
communication and cooperation between Indian tribes and State Historic 
Preservation Officers in the administration of the national historic 
preservation program to--
          (1) ensure that all types of historic properties and all 
        public interests in historic properties 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 
        properties.
  (c) Tribal Values.--The program under subsection (a) shall be 
developed in a manner to ensure that tribal values are taken into 
account to the extent feasible. The Secretary may waive or modify 
requirements of this subdivision to conform to the cultural setting of 
tribal heritage preservation goals and objectives.
  (d) Scope of Tribal Programs.--The tribal programs implemented by 
specific tribal organizations may vary in scope, as determined by each 
Indian tribe's chief governing authority.
Sec. 2029.02. 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 2025.02 
and 2025.03 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 2053.02 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 2025.02 and 2025.03 of this 
                title; and
          (5) based on satisfaction of the conditions stated in 
        paragraphs (1), (2), (3), and (4), the Secretary approves the 
        plan.
Sec. 2029.03. 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 2055.03(a)(1) of this title with respect to tribal programs 
that assume responsibilities under section 2029.02 of this title.
Sec. 2029.04. 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 
2029.02 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 2025.04(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 public.
Sec. 2029.05. 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 2053.02 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 properties 
consideration equivalent to those afforded by the Council's 
regulations.
Sec. 2029.06. Eligibility for inclusion on National Register
  (a) In General.--Properties of traditional religious and cultural 
importance to an Indian tribe or Native Hawaiian organization may be 
determined to be eligible for inclusion on the National Register.
  (b) Consultation.--In carrying out its responsibilities under section 
2053.02 of this title, a Federal agency shall consult with any Indian 
tribe or Native Hawaiian organization that attaches religious and 
cultural significance to properties described in subsection (a).
  (c) Hawaii.--In carrying out responsibilities under section 2025.03 
of this title, the State Historic Preservation Officer for Hawaii 
shall--
          (1) consult with Native Hawaiian organizations in assessing 
        the cultural significance of any property in determining 
        whether to nominate the property to the National Register;
          (2) consult with Native Hawaiian organizations in developing 
        the cultural component of a preservation program or plan for 
        the property; and
          (3) enter into a memorandum of understanding or agreement 
        with Native Hawaiian organizations for the assessment of the 
        cultural significance of a property in determining whether to 
        nominate the property to the National Register and to carry out 
        the cultural component of the preservation program or plan.

                          CHAPTER 2031--GRANTS

Sec.
2031.01.  Matching grants.
2031.02.  Grants to National Trust.
2031.03.  Direct grants for the preservation of properties included on 
          National Register.
2031.04.  Religious properties.
2031.05.  Grants and loans to Indian tribes and nonprofit organizations 
          representing ethnic or minority groups.
2031.06.  Grants to Indian tribes and Native Hawaiian organizations.
2031.07.  Prohibited use of funds.
2031.08.  Training in, and dissemination of information concerning, 
          professional methods and techniques for preservation of 
          historic properties.
2031.09.  Preservation education and training program.
Sec. 2031.01. Matching grants
  (a) In General.--The Secretary shall administer a program of matching 
grants to the States for the purposes of carrying out this division.
  (b) Federated States of Micronesia, the Marshall Islands, and 
Palau.--
          (1) In general.--As part of the program of matching grant 
        assistance from the Historic Preservation Fund to States, the 
        Secretary shall administer a program of direct grants to the 
        Federated States of Micronesia, the Marshall Islands, and Palau 
        in furtherance of the Compact of Free Association between the 
        United States and the Federated States of Micronesia and the 
        Marshall Islands, approved by the Compact of Free Association 
        Act of 1985 (48 U.S.C. 1901 et seq., 2001 et seq.), and the 
        Compact of Free Association between the United States and 
        Palau, approved by the Joint Resolution entitled ``Joint 
        Resolution to approve the `Compact of Free Association' between 
        the United States and Government of Palau, and for other 
        purposes'' (48 U.S.C. 1931 et seq.).
          (2) Goal of program.--The goal of the program shall be to 
        establish historic and cultural preservation programs that meet 
        the unique needs of each of those nations so that at the 
        termination of the compacts the programs shall be firmly 
        established.
          (3) Basis of allocating amounts.--The amounts to be made 
        available under this subsection shall be allocated by the 
        Secretary on the basis of needs as determined by the Secretary.
          (4) Waivers and modifications.--The Secretary may waive or 
        modify the requirements of this subdivision to conform to the 
        cultural setting of those nations. Matching funds may be waived 
        or modified.
Sec. 2031.02. Grants to National Trust
  The Secretary may administer grants to the National Trust consistent 
with the purposes of its charter and this division.
Sec. 2031.03. Direct grants for the preservation of properties included 
                    on National Register
  (a) Administration of Program.--The Secretary shall administer a 
program of direct grants for the preservation of properties included on 
the National Register.
  (b) Available Amount.--Funds to support the program annually shall 
not exceed 10 percent of the amount appropriated annually for the 
Historic Preservation Fund.
  (c) Uses of Grants.--
          (1) In general.--Grants under this section may be made by the 
        Secretary, in consultation with the appropriate State Historic 
        Preservation Officer--
                  (A) for the preservation of--
                          (i) National Historic Landmarks that are 
                        threatened with demolition or impairment; and
                          (ii) historic properties of World Heritage 
                        significance;
                  (B) for demonstration projects that will provide 
                information concerning professional methods and 
                techniques having application to historic properties;
                  (C) for the training and development of skilled labor 
                in trades and crafts, and in analysis and curation, 
                relating to historic preservation; and
                  (D) to assist individuals or small businesses within 
                any historic district included on the National Register 
                to remain within the district.
          (2) Limit on certain grants.--A grant may be made under 
        subparagraph (A) or (D) of paragraph (1) only to the extent 
        that the project cannot be carried out in as effective a manner 
        through the use of an insured loan under section 2055.04 of 
        this title.
Sec. 2031.04. Religious properties
  (a) In General.--Grants may be made under sections 2031.01 to 
2031.03, 2031.05, and 2031.06 of this title for the preservation, 
stabilization, restoration, or rehabilitation of religious properties 
listed on the National Register if the purpose of the grant--
          (1) is secular;
          (2) does not promote religion; and
          (3) seeks to protect qualities that are historically 
        significant.
  (b) Effect of Section.--Nothing in this section shall be construed to 
authorize the use of any funds made available under this subdivision 
for the acquisition of any religious property listed on the National 
Register.
Sec. 2031.05. Grants and loans to Indian tribes and nonprofit 
                    organizations representing ethnic or minority 
                    groups
  The Secretary may, in consultation with the appropriate State 
Historic Preservation Officer, make grants or loans or both under this 
subdivision to Indian tribes and to nonprofit organizations 
representing ethnic or minority groups for the preservation of their 
cultural heritage.
Sec. 2031.06. Grants to Indian tribes and Native Hawaiian organizations
  The Secretary shall administer a program of direct grants to Indian 
tribes and Native Hawaiian organizations for the purpose of carrying 
out this division as it pertains to Indian tribes and Native Hawaiian 
organizations. Matching fund requirements may be modified. Federal 
funds available to an Indian tribe or Native Hawaiian organization may 
be used as matching funds for the purposes of the Indian tribe's or 
Native Hawaiian organization's conducting its responsibilities pursuant 
to this subdivision.
Sec. 2031.07. Prohibited use of funds
  No part of any grant made under this subdivision may be used to 
compensate any person intervening in any proceeding under this 
division.
Sec. 2031.08. Training in, and dissemination of information concerning, 
                    professional methods and techniques for 
                    preservation of historic properties
  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 
properties and for the administration of the historic preservation 
program at the Federal, State, and local level. The Secretary shall 
also develop mechanisms to provide information concerning historic 
preservation to the general public including students.
Sec. 2031.09. Preservation education and training program
  The Secretary, in consultation with the Council and other appropriate 
Federal, tribal, Native Hawaiian, and non-Federal organizations, shall 
develop and implement a comprehensive preservation education and 
training program. The program shall include--
          (1) standards and increased preservation training 
        opportunities for Federal workers involved in preservation-
        related functions;
          (2) preservation training opportunities for other Federal, 
        State, tribal and local government workers, and students;
          (3) technical or financial assistance, or both, to 
        historically black colleges and universities, to tribal 
        colleges, and to colleges with a high enrollment of Native 
        Americans or Native Hawaiians, to establish preservation 
        training and degree programs; and
          (4) where appropriate, coordination with the National Center 
        for Preservation Technology and Training of--
                  (A) distribution of information on preservation 
                technologies;
                  (B) provision of training and skill development in 
                trades, crafts, and disciplines related to historic 
                preservation in Federal training and development 
                programs; and
                  (C) support for research, analysis, conservation, 
                curation, interpretation, and display related to 
                preservation.

            Subdivision 3--Other Organizations and Programs

        CHAPTER 2041--ADVISORY COUNCIL ON HISTORIC PRESERVATION

Sec.
2041.01.  Establishment; vacancies.
2041.02.  Duties of Council.
2041.03.  Cooperation between Council and instrumentalities of executive 
          branch of Federal Government.
2041.04.  Compensation of members of Council.
2041.05.  Administration.
2041.06.  International Centre for the Study of the Preservation and 
          Restoration of Cultural Property.
2041.07.  Transmittal of legislative recommendations, testimony, or 
          comments to any officer or agency of the United States prior 
          to submission to Congress.
2041.08.  Regulations, procedures, and guidelines.
2041.09.  Budget submission.
2041.10.  Report by Secretary to Council.
2041.11.  Reimbursements from State and local agencies.
2041.12.  Effectiveness of Federal grant and assistance programs.
2041.13.  Authorization of appropriations.
Sec. 2041.01. Establishment; vacancies
  (a) Establishment.--There is established as an independent agency of 
the United States Government an Advisory Council on Historic 
Preservation, which shall be composed of the following members:
          (1) A Chairman appointed by the President selected from the 
        general public.
          (2) The Secretary.
          (3) The Architect of the Capitol.
          (4) The Secretary of Agriculture and the heads of 7 other 
        agencies of the United States (other than the Department of the 
        Interior), the activities of which affect historic 
        preservation, designated by the President.
          (5) One Governor appointed by the President.
          (6) One mayor appointed by the President.
          (7) The President of the National Conference of State 
        Historic Preservation Officers.
          (8) The Chairman of the National Trust.
          (9) Four experts in the field of historic preservation 
        appointed by the President from architecture, history, 
        archaeology, and other appropriate disciplines.
          (10) Three members from the general public, appointed by the 
        President.
          (11) One member of an Indian tribe or Native Hawaiian 
        organization who represents the interests of the Indian tribe 
        or Native Hawaiian organization of which he or she is a member, 
        appointed by the President.
  (b) Designation of Substitutes.--Each member of the Council specified 
in paragraphs (2) to (5), (7), and (8) of subsection (a) may designate 
another officer of the department, agency, or organization to serve on 
the Council instead of the member, except that, in the case of 
paragraphs (2) and (4), no officer other than an Assistant Secretary or 
an officer having major department-wide or agency-wide responsibilities 
may be designated.
  (c) Term of Office.--Each member of the Council appointed under 
paragraphs (1) and (9) to (11) of subsection (a) shall serve for a term 
of 4 years from the expiration of the term of the member's predecessor. 
The members appointed under paragraphs (5) and (6) shall serve for the 
term of their elected office but not in excess of 4 years. An appointed 
member may not serve more than 2 terms. An appointed member whose term 
has expired shall serve until that member's successor has been 
appointed.
  (d) Vacancies.--A vacancy in the Council shall not affect its powers, 
but shall be filled, not later than 60 days after the vacancy 
commences, in the same manner as the original appointment (and for the 
balance of the unexpired term).
  (e) Designation of Vice Chairman.--The President shall designate a 
Vice Chairman from the members appointed under paragraph (5), (6), (9), 
or (10) of subsection (a). The Vice Chairman may act in place of the 
Chairman during the absence or disability of the Chairman or when the 
office is vacant.
  (f) Quorum.--Twelve members of the Council shall constitute a quorum.
Sec. 2041.02. Duties of Council
  (a) Duties.--The Council shall--
          (1) advise the President and Congress on matters relating to 
        historic preservation, recommend measures to coordinate 
        activities of Federal, State, and local agencies and private 
        institutions and individuals relating to historic preservation, 
        and advise on the dissemination of information pertaining to 
        those activities;
          (2) encourage, in cooperation with the National Trust and 
        appropriate private agencies, public interest and participation 
        in historic preservation;
          (3) recommend the conduct of studies in such areas as--
                  (A) the adequacy of legislative and administrative 
                statutes and regulations pertaining to historic 
                preservation activities of State and local governments; 
                and
                  (B) the effects of tax policies at all levels of 
                government on historic preservation;
          (4) advise as to guidelines for the assistance of State and 
        local governments in drafting legislation relating to historic 
        preservation;
          (5) encourage, in cooperation with appropriate public and 
        private agencies and institutions, training and education in 
        the field of historic preservation;
          (6) review the policies and programs of Federal agencies and 
        recommend to Federal agencies methods to improve the 
        effectiveness, coordination, and consistency of those policies 
        and programs with the policies and programs carried out under 
        this division; and
          (7) inform and educate Federal agencies, State and local 
        governments, Indian tribes, other nations and international 
        organizations and private groups and individuals as to the 
        Council's authorized activities.
  (b) Annual Report.--The Council annually shall submit to the 
President a comprehensive report of its activities and the results of 
its studies and shall from time to time submit additional and special 
reports as it deems advisable. Each report shall propose legislative 
enactments and other actions as, in the judgment of the Council, are 
necessary and appropriate to carry out its recommendations and shall 
provide the Council's assessment of current and emerging problems in 
the field of historic preservation and an evaluation of the 
effectiveness of the programs of Federal agencies, State and local 
governments, and the private sector in carrying out this division.
Sec. 2041.03. Cooperation between Council and instrumentalities of 
                    executive branch of Federal Government
  The Council may secure directly from any Federal agency information, 
suggestions, estimates, and statistics for the purpose of this chapter. 
Each Federal agency may furnish information, suggestions, estimates, 
and statistics to the extent permitted by law and within available 
funds.
Sec. 2041.04. Compensation of members of Council
  The members of the Council specified in paragraphs (2), (3), and (4) 
of section 2041.01(a) of this title shall serve without additional 
compensation. The other members of the Council shall receive $100 per 
diem when engaged in the performance of the duties of the Council. All 
members of the Council shall receive reimbursement for necessary 
traveling and subsistence expenses incurred by them in the performance 
of the duties of the Council.
Sec. 2041.05. Administration
  (a) Executive Director.--There shall be an Executive Director of the 
Council who shall be appointed in the competitive service by the 
Chairman with the concurrence of the Council. The Executive Director 
shall report directly to the Council and perform such functions and 
duties as the Council may prescribe.
  (b) General Counsel and Appointment of Other Attorneys.--
          (1) General counsel.--The Council shall have a General 
        Counsel, who shall be appointed by the Executive Director. The 
        General Counsel shall report directly to the Executive Director 
        and serve as the Council's legal advisor.
          (2) Appointment of other attorneys.--The Executive Director 
        shall appoint other attorneys as may be necessary to--
                  (A) assist the General Counsel;
                  (B) represent the Council in court when appropriate, 
                including enforcement of agreements with Federal 
                agencies to which the Council is a party;
                  (C) assist the Department of Justice in handling 
                litigation concerning the Council in court; and
                  (D) perform such other legal duties and functions as 
                the Executive Director and the Council may direct.
  (c) Appointment and Compensation of Officers and Employees.--The 
Executive Director of the Council may appoint and fix the compensation 
of officers and employees in the competitive service who are necessary 
to perform the functions of the Council at rates not to exceed that 
prescribed for the highest rate for grade 15 of the General Schedule 
under section 5332 of title 5. The Executive Director, with the 
concurrence of the Chairman, may appoint and fix the compensation of 
not to exceed 5 employees in the competitive service at rates not to 
exceed that prescribed for a position classified above GS-15 pursuant 
to section 5108 of title 5.
  (d) Appointment and Compensation of Additional Personnel.--The 
Executive Director may appoint and fix the compensation of such 
additional personnel as may be necessary to carry out the Council's 
duties, without regard to the civil service laws and chapter 51 and 
subchapter III of chapter 53 of title 5.
  (e) Expert and Consultant Services.--The Executive Director may 
procure expert and consultant services in accordance with section 3109 
of title 5.
  (f) Financial and Administrative Services.--
          (1) Services to be provided by secretary, agency, or private 
        entity.--Financial and administrative services (including those 
        related to budgeting, accounting, financial reporting, 
        personnel and procurement) shall be provided the Council by the 
        Secretary or, at the discretion of the Council, another agency 
        or private entity that reaches an agreement with the Council, 
        for which payments shall be made in advance, or by 
        reimbursement, from funds of the Council in such amounts as may 
        be agreed on by the Chairman of the Council and the head of the 
        agency or the authorized representative of the private entity 
        that will provide the services.
          (2) Federal agency regulations relating to collection 
        apply.--When a Federal agency affords those services, the 
        regulations of that agency under section 5514(b) of title 5 for 
        the collection of indebtedness of personnel resulting from 
        erroneous payments shall apply to the collection of erroneous 
        payments made to or on behalf of a Council employee, and 
        regulations of that agency under sections 1513(d) and 1514 of 
        title 31 for the administrative control of funds shall apply to 
        appropriations of the Council. The Council shall not be 
        required to prescribe those regulations.
  (g) Funds, Personnel, Facilities, and Services.--
          (1) Provided by federal agency.--Any Federal agency may 
        provide the Council, with or without reimbursement as may be 
        agreed on by the Chairman and the agency, with such funds, 
        personnel, facilities, and services under its jurisdiction and 
        control as may be needed by the Council to carry out its 
        duties, to the extent that the funds, personnel, facilities, 
        and services are requested by the Council and are otherwise 
        available for that purpose. Any funds provided to the Council 
        pursuant to this subsection shall be expended by the end of the 
        fiscal year following the fiscal year in which the funds are 
        received by the Council.
          (2) Obtaining additional property, facilities, and services 
        and receiving donations of money.--To the extent of available 
        appropriations, the Council may obtain by purchase, rental, 
        donation, or otherwise additional property, facilities, and 
        services as may be needed to carry out its duties and may 
        receive donations of money for that purpose. The Executive 
        Director may accept, hold, use, expend, and administer the 
        property, facilities, services, and money for the purposes of 
        this division.
  (h) Rights, Benefits, and Privileges of Transferred Employees.--Any 
employee in the competitive service of the United States transferred to 
the Council under this section shall retain all the rights, benefits, 
and privileges pertaining to the competitive service held prior to the 
transfer.
  (i) Exemption From Federal Advisory Committee Act.--The Council is 
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
  (j) Provisions That Govern Operations of Council.--Subchapter II of 
chapter 5 and chapter 7 of title 5 shall govern the operations of the 
Council.
Sec. 2041.06. International Centre for the Study of the Preservation 
                    and Restoration of Cultural Property
  (a) Authorization of Participation.--The participation of the United 
States as a member in the International Centre for the Study of the 
Preservation and Restoration of Cultural Property is authorized.
  (b) Official Delegation.--The Council shall recommend to the 
Secretary of State, after consultation with the Smithsonian Institution 
and other public and private organizations concerned with the technical 
problems of preservation, the members of the official delegation that 
will participate in the activities of the International Centre for the 
Study of the Preservation and Restoration of Cultural Property on 
behalf of the United States. The Secretary of State shall appoint the 
members of the official delegation from the persons recommended to the 
Secretary of State by the Council.
Sec. 2041.07. Transmittal of legislative recommendations, testimony, or 
                    comments to any officer or agency of the United 
                    States prior to submission to Congress
  No officer or agency of the United States shall have any authority to 
require the Council to submit its legislative recommendations, or 
testimony, or comments on legislation to any officer or agency of the 
United States for approval, comments, or review, prior to the 
submission of the recommendations, testimony, or comments to Congress. 
When the Council voluntarily seeks to obtain the comments or review of 
any officer or agency of the United States, the Council shall include a 
description of the actions in its legislative recommendations, 
testimony, or comments on legislation that it transmits to Congress.
Sec. 2041.08. Regulations, procedures, and guidelines
  (a) In General.--The Council may promulgate regulations as it 
considers necessary to govern the implementation of section 2053.02 of 
this title.
  (b) Participation by Local Governments.--The Council shall by 
regulation establish such procedures as may be necessary to provide for 
participation by local governments in proceedings and other actions 
taken by the Council with respect to undertakings referred to in 
section 2053.02 of this title that affect the local governments.
  (c) Exemption for Federal Programs or Undertakings.--The Council, 
with the concurrence of the Secretary, shall promulgate regulations or 
guidelines, as appropriate, under which Federal programs or 
undertakings may be exempted from any or all of the requirements of 
this division when the exemption is determined to be consistent with 
the purposes of this division, taking into consideration the magnitude 
of the exempted undertaking or program and the likelihood of impairment 
of historic properties.
Sec. 2041.09. Budget submission
  (a) Time and Manner of Submission.--The Council shall submit its 
budget annually as a related agency of the Department of the Interior.
  (b) Transmittal of Copies to Congressional Committees.--Whenever the 
Council submits any budget estimate or request to the President or the 
Office of Management and Budget, it shall concurrently transmit copies 
of that estimate or request to the Committee on Natural Resources and 
Committee on Appropriations of the House of Representatives and the 
Committee on Energy and Natural Resources and Committee on 
Appropriations of the Senate.
Sec. 2041.10. Report by Secretary to Council
  To assist the Council in discharging its responsibilities under this 
division, the Secretary at the request of the Chairman shall provide a 
report to the Council detailing the significance of any historic 
property, describing the effects of any proposed undertaking on the 
affected property, and recommending measures to avoid, minimize, or 
mitigate adverse effects.
Sec. 2041.11. Reimbursements from State and local agencies
  Subject to applicable conflict of interest laws, the Council may 
receive reimbursements from State and local agencies and others 
pursuant to agreements executed in furtherance of this division.
Sec. 2041.12. Effectiveness of Federal grant and assistance programs
  (a) Cooperative Agreements.--The Council may enter into a cooperative 
agreement with any Federal agency that administers a grant or 
assistance program for the purpose of improving the effectiveness of 
the administration of the program in meeting the purposes and policies 
of this division. The cooperative agreement may include provisions that 
modify the selection criteria for a grant or assistance program to 
further the purposes of this division or that allow the Council to 
participate in the selection of recipients, if those provisions are not 
inconsistent with the grant or assistance program's statutory 
authorization and purpose.
  (b) Review of Grant and Assistance Programs.--The Council may--
          (1) review the operation of any Federal grant or assistance 
        program to evaluate the effectiveness of the program in meeting 
        the purposes and policies of this division;
          (2) make recommendations to the head of any Federal agency 
        that administers the program to further the consistency of the 
        program with the purposes and policies of this division and to 
        improve its effectiveness in carrying out those purposes and 
        policies; and
          (3) make recommendations to the President and Congress 
        regarding the effectiveness of Federal grant and assistance 
        programs in meeting the purposes and policies of this division, 
        including recommendations with regard to appropriate funding 
        levels.
Sec. 2041.13. Authorization of appropriations
  There are authorized to be appropriated such amounts as are necessary 
to carry out this chapter.

           CHAPTER 2043--HISTORIC LIGHT STATION PRESERVATION

Sec.
2043.01.  Definitions.
2043.02.  Duties of Secretary in providing a national historic light 
          station program.
2043.03.  Selection of eligible entity and conveyance of historic light 
          stations.
2043.04.  Terms of conveyance.
2043.05.  Description of property.
2043.06.  Historic light station sales.
Sec. 2043.01. Definitions
  In this chapter:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
          (2) Eligible entity.--The term ``eligible entity'' means--
                  (A) any department or agency of the Federal 
                Government; or
                  (B) any department or agency of the State in which a 
                historic light station is located, the local government 
                of the community in which a historic light station is 
                located, a nonprofit corporation, an educational 
                agency, or a community development organization that--
                          (i) has agreed to comply with the conditions 
                        set forth in section 2043.04 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 2043.04 of this 
                        title.
          (3) Federal aid to navigation.--
                  (A) In general.--The term ``Federal aid to 
                navigation'' means any device, operated and maintained 
                by the United States, external to a vessel or aircraft, 
                intended to assist a navigator to determine position or 
                safe course, or to warn of dangers or obstructions to 
                navigation.
                  (B) Inclusions.--The term ``Federal aid to 
                navigation'' includes a light, lens, lantern, antenna, 
                sound signal, camera, sensor, piece of electronic 
                navigation equipment, power source, or other piece of 
                equipment associated with a device described in 
                subparagraph (A).
          (4) Historic light station.--The term ``historic light 
        station'' includes the light tower, lighthouse, keeper's 
        dwelling, garages, storage sheds, oil house, fog signal 
        building, boat house, barn, pumphouse, tramhouse support 
        structures, piers, walkways, underlying and appurtenant land 
        and related real property and improvements associated with a 
        historic light station that is a historic property.
Sec. 2043.02. Duties of Secretary in providing a national historic 
                    light station program
  To provide a national historic light station program, the Secretary 
shall--
          (1) collect and disseminate information concerning historic 
        light stations;
          (2) foster educational programs relating to the history, 
        practice, and contribution to society of historic light 
        stations;
          (3) sponsor or conduct research and study into the history of 
        light stations;
          (4) maintain a listing of historic light stations; and
          (5) assess the effectiveness of the program established by 
        this chapter regarding the conveyance of historic light 
        stations.
Sec. 2043.03. Selection of eligible entity and conveyance of historic 
                    light stations
  (a) Process and Policies.--The Secretary and the Administrator shall 
maintain a process and policies for identifying, and selecting, an 
eligible entity to which a historic light station could be conveyed for 
education, park, recreation, cultural, or historic preservation 
purposes, and to monitor the use of the light station by the eligible 
entity.
  (b) Application Review.--
          (1) In general.--The Secretary shall--
                  (A) review all applications for the conveyance of a 
                historic light station, when the agency with 
                administrative jurisdiction over the historic light 
                station has determined the property to be excess 
                property (as that term is defined in section 102 of 
                title 40); and
                  (B) forward to the Administrator a single approved 
                application for the conveyance of the historic light 
                station.
          (2) Consultation.--When selecting an eligible entity, the 
        Secretary shall consult with the State Historic Preservation 
        Officer of the State in which the historic light station is 
        located.
  (c) Conveyance or Sale of Historic Light Stations.--
          (1) Conveyance by administrator.--Except as provided in 
        paragraph (2), after the Secretary's selection of an eligible 
        entity, the Administrator shall convey, by quitclaim deed, 
        without consideration, all right, title, and interest of the 
        United States in and to a historic light station, subject to 
        the conditions set forth in section 2043.04 of this title. The 
        conveyance of a historic light station under this chapter shall 
        not be subject to the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard 
        Authorization Act of 1998 (Public Law 105-383, 14 U.S.C. 93 
        note).
          (2) Historic light station located within a system unit or a 
        refuge within national wildlife refuge system.--
                  (A) Approval of secretary required.--A historic light 
                station located within the exterior boundaries of a 
                System unit or a refuge within the National Wildlife 
                Refuge System shall be conveyed or sold only with the 
                approval of the Secretary.
                  (B) Conditions of conveyance.--If the Secretary 
                approves the conveyance of a historic light station 
                described in subparagraph (A), the conveyance shall be 
                subject to the conditions set forth in section 2043.04 
                of this title and any other terms or conditions that 
                the Secretary considers necessary to protect the 
                resources of the System unit or wildlife refuge.
                  (C) Conditions of sale.--If the Secretary approves 
                the sale of a historic light station described in 
                subparagraph (A), the sale shall be subject to the 
                conditions set forth in paragraphs (1) to (4) and (8) 
                of subsection (a), and subsection (b), of section 
                2043.04 of this title and any other terms or conditions 
                that the Secretary considers necessary to protect the 
                resources of the System unit or wildlife refuge.
                  (D) Cooperative agreements.--The Secretary is 
                encouraged to enter into cooperative agreements with 
                appropriate eligible entities with respect to historic 
                light stations described in subparagraph (A), as 
                provided in this division, to the extent that the 
                cooperative agreements are consistent with the 
                Secretary's responsibilities to manage and administer 
                the System unit or wildlife refuge.
Sec. 2043.04. Terms of conveyance
  (a) In General.--The conveyance of a historic light station shall be 
made subject to any conditions, including the reservation of easements 
and other rights on behalf of the United States, that the Administrator 
considers necessary to ensure that--
          (1) the Federal aids to navigation located at the historic 
        light station in operation on the date of conveyance remain the 
        personal property of the United States and continue to be 
        operated and maintained by the United States for as long as 
        needed for navigational purposes;
          (2) there is reserved to the United States the right to 
        remove, replace, or install any Federal aid to navigation 
        located at the historic light station as may be necessary for 
        navigational purposes;
          (3) the eligible entity to which the historic light station 
        is conveyed shall not interfere or allow interference in any 
        manner with any Federal aid to navigation or hinder activities 
        required for the operation and maintenance of any Federal aid 
        to navigation without the express written permission of the 
        head of the agency responsible for maintaining the Federal aid 
        to navigation;
          (4)(A) the eligible entity to which the historic light 
        station is conveyed shall, at its own cost and expense, use and 
        maintain the historic light station in accordance with this 
        division, the Secretary's Standards for the Treatment of 
        Historic Properties contained in part 68 of title 36, Code of 
        Federal Regulations, and other applicable laws; and
          (B) any proposed changes to the historic light station shall 
        be reviewed and approved by the Secretary in consultation with 
        the State Historic Preservation Officer of the State in which 
        the historic light station is located, for consistency with 
        section 800.5(a)(2)(vii) of title 36, Code of Federal 
        Regulations and the Secretary's Standards for Rehabilitation 
        contained in section 67.7 of title 36, Code of Federal 
        Regulations;
          (5) the eligible entity to which the historic light station 
        is conveyed shall make the historic light station available for 
        education, park, recreation, cultural, or historic preservation 
        purposes for the general public at reasonable times and under 
        reasonable conditions;
          (6) the eligible entity to which the historic light station 
        is conveyed shall not sell, convey, assign, exchange, or 
        encumber the historic light station, any part of the historic 
        light station, or any associated historic artifact conveyed to 
        the eligible entity in conjunction with the historic light 
        station conveyance, including any lens or lantern, unless the 
        sale, conveyance, assignment, exchange, or encumbrance is 
        approved by the Secretary;
          (7) the eligible entity to which the historic light station 
        is conveyed shall not conduct any commercial activity at the 
        historic light station, at any part of the historic light 
        station, or in connection with any associated historic artifact 
        conveyed to the eligible entity in conjunction with the 
        historic light station conveyance, in any manner, unless the 
        commercial activity is approved by the Secretary; and
          (8) the United States shall have the right, at any time, to 
        enter the historic light station without notice, for purposes 
        of operating, maintaining, and inspecting any aid to navigation 
        and for the purpose of ensuring compliance with this section, 
        to the extent that it is not possible to provide advance 
        notice.
  (b) Maintenance of Aid to Navigation.--Any eligible entity to which a 
historic light station is conveyed shall not be required to maintain 
any Federal aid to navigation associated with a historic light station, 
except any private aid to navigation permitted to the eligible entity 
under section 83 of title 14.
  (c) Reversion.--In addition to any term or condition established 
pursuant to this section, the conveyance of a historic light station 
shall include a condition that the historic light station, or any 
associated historic artifact conveyed to the eligible entity in 
conjunction with the historic light station conveyance, including any 
lens or lantern, at the option of the Administrator, shall revert to 
the United States and be placed under the administrative control of the 
Administrator, if--
          (1) the historic light station, any part of the historic 
        light station, or any associated historic artifact ceases to be 
        available for education, park, recreation, cultural, or 
        historic preservation purposes for the general public at 
        reasonable times and under reasonable conditions that shall be 
        set forth in the eligible entity's application;
          (2) the historic light station or any part of the historic 
        light station ceases to be maintained in a manner that ensures 
        its present or future use as a site for a Federal aid to 
        navigation;
          (3) the historic light station, any part of the historic 
        light station, or any associated historic artifact ceases to be 
        maintained in compliance with this division, the Secretary of 
        the Interior's Standards for the Treatment of Historic 
        Properties contained in part 68 of title 36, Code of Federal 
        Regulations, and other applicable laws;
          (4) the eligible entity to which the historic light station 
        is conveyed sells, conveys, assigns, exchanges, or encumbers 
        the historic light station, any part of the historic light 
        fixture, or any associated historic artifact, without approval 
        of the Secretary;
          (5) the eligible entity to which the historic light station 
        is conveyed conducts any commercial activity at the historic 
        light station, at any part of the historic light station, or in 
        conjunction with any associated historic artifact, without 
        approval of the Secretary; or
          (6) at least 30 days before the reversion, the Administrator 
        provides written notice to the owner that the historic light 
        station or any part of the historic light station is needed for 
        national security purposes.
  (d) Light Stations Originally Conveyed Under Other Authority.--On 
receiving notice of an executed or intended conveyance by an owner that 
received from the Federal Government under authority other than this 
division an historic light station in which the United States retains a 
reversionary or other interest and that is conveying it to another 
person by sale, gift, or any other manner, the Secretary shall review 
the terms of the executed or proposed conveyance to ensure that any new 
owner is capable of or is complying with any and all conditions of the 
original conveyance. The Secretary may require the parties to the 
conveyance and relevant Federal agencies to provide information as is 
necessary to complete the review. If the Secretary determines that the 
new owner has not complied or is unable to comply with those 
conditions, the Secretary shall immediately advise the Administrator, 
who shall invoke any reversionary interest or take other action as may 
be necessary to protect the interests of the United States.
Sec. 2043.05. Description of property
  (a) In General.--The Administrator shall prepare the legal 
description of any historic light station conveyed under this chapter. 
The Administrator, in consultation with the Secretary of Homeland 
Security and the Secretary, may retain all right, title, and interest 
of the United States in and to any historical artifact, including any 
lens or lantern, that is associated with the historic light station and 
located at the historic light station at the time of conveyance. 
Wherever possible, the historical artifacts should be used in 
interpreting the historic light station. In cases where there is no 
method for preserving lenses and other artifacts and equipment in situ, 
priority should be given to preservation or museum entities most 
closely associated with the historic light station, if they meet loan 
requirements.
  (b) Artifacts.--Artifacts associated with, but not located at, a 
historic light station at the time of conveyance shall remain the 
property of the United States under the administrative control of the 
Secretary of Homeland Security.
  (c) Covenants.--All conditions placed with the quitclaim deed of 
title to the historic light station shall be construed as covenants 
running with the land.
  (d) Submerged Land.--No submerged land shall be conveyed under this 
chapter.
Sec. 2043.06. Historic light station sales
  (a) In General.--
          (1) When sale may occur.--If no applicant is approved for the 
        conveyance of a historic light station pursuant to sections 
        2043.01 to 2043.05 of this title, the historic light station 
        shall be offered for sale.
          (2) Terms of sale.--Terms of the sales--
                  (A) shall be developed by the Administrator; and
                  (B) shall be consistent with the requirements of 
                paragraphs (1) to (4) and (8) of subsection (a), and 
                subsection (b), of section 2043.04 of this title.
          (3) Covenants to be included in conveyance documents.--
        Conveyance documents shall include all necessary covenants to 
        protect the historical integrity of the historic light station 
        and ensure that any Federal aid to navigation located at the 
        historic light station is operated and maintained by the United 
        States for as long as needed for that purpose.
  (b) Net Sale Proceeds.--
          (1) Disposition and use of funds.--Net sale proceeds from the 
        disposal of a historic light station--
                  (A) located on public domain land shall be 
                transferred to the National Maritime Heritage Grants 
                Program established under chapter 283 of this title in 
                the Department of the Interior; and
                  (B) under the administrative control of the Secretary 
                of Homeland Security--
                          (i) shall be credited to the Coast Guard's 
                        Operating Expenses appropriation account; and
                          (ii) shall be available for obligation and 
                        expenditure for the maintenance of light 
                        stations remaining under the administrative 
                        control of the Secretary of Homeland Security.
          (2) Availability of funds.--The funds referred to in 
        paragraph (1)(B) shall remain available until expended and 
        shall be available in addition to funds available in the Coast 
        Guard's Operating Expense appropriation for that purpose.

 CHAPTER 2045--NATIONAL CENTER FOR PRESERVATION TECHNOLOGY AND TRAINING

Sec.
2045.01.  Findings.
2045.02.  Definitions.
2045.03.  National Center for Preservation Technology and Training.
2045.04.  Preservation Technology and Training Board.
2045.05.  Preservation grants.
2045.06.  General provisions.
2045.07.  Service preservation centers and offices.
Sec. 2045.01. Findings
  Congress finds that, given the complexity of technical problems 
encountered in preserving historic properties and the lack of adequate 
distribution of technical information to preserve historic properties, 
a national initiative to coordinate and promote research, distribute 
information, and provide training about preservation skills and 
technologies would be beneficial.
Sec. 2045.02. Definitions
  In this chapter:
          (1) Board.--The term ``Board'' means the Preservation 
        Technology and Training Board established pursuant to section 
        2045.04 of this title.
          (2) Center.--The term ``Center'' means the National Center 
        for Preservation Technology and Training established pursuant 
        to section 2045.03 of this title.
Sec. 2045.03. National Center for Preservation Technology and Training
  (a) Establishment.--There is established within the Department of the 
Interior a National Center for Preservation Technology and Training. 
The Center shall be located at Northwestern State University of 
Louisiana in Natchitoches, Louisiana.
  (b) Purposes.--The purposes of the Center shall be to--
          (1) develop and distribute preservation and conservation 
        skills and technologies for the identification, evaluation, 
        conservation, and interpretation of historic properties;
          (2) develop and facilitate training for Federal, State, and 
        local resource preservation professionals, cultural resource 
        managers, maintenance personnel, and others working in the 
        preservation field;
          (3) take steps to apply preservation technology benefits from 
        ongoing research by other agencies and institutions;
          (4) facilitate the transfer of preservation technology among 
        Federal agencies, State and local governments, universities, 
        international organizations, and the private sector; and
          (5) cooperate with related international organizations 
        including the International Council on Monuments and Sites, the 
        International Center for the Study of Preservation and 
        Restoration of Cultural Property, and the International Council 
        on Museums.
  (c) Programs.--The purposes shall be carried out through research, 
professional training, technical assistance, and programs for public 
awareness, and through a program of grants established under section 
2045.05 of this title.
  (d) Executive Director.--The Center shall be headed by an Executive 
Director with demonstrated expertise in historic preservation appointed 
by the Secretary with advice of the Board.
  (e) Assistance From Secretary.--The Secretary shall provide the 
Center assistance in obtaining such personnel, equipment, and 
facilities as may be needed by the Center to carry out its activities.
Sec. 2045.04. Preservation Technology and Training Board
  (a) Establishment.--There is established a Preservation Technology 
and Training Board.
  (b) Duties.--The Board shall--
          (1) provide leadership, policy advice, and professional 
        oversight to the Center;
          (2) advise the Secretary on priorities and the allocation of 
        grants among the activities of the Center; and
          (3) submit an annual report to the President and Congress.
  (c) Membership.--The Board shall be comprised of--
          (1) the Secretary;
          (2) 6 members appointed by the Secretary, who shall represent 
        appropriate Federal, State, and local agencies, State and local 
        historic preservation commissions, and other public and 
        international organizations; and
          (3) 6 members appointed by the Secretary on the basis of 
        outstanding professional qualifications, who represent major 
        organizations in the fields of archaeology, architecture, 
        conservation, curation, engineering, history, historic 
        preservation, landscape architecture, planning, or preservation 
        education.
Sec. 2045.05. Preservation grants
  (a) In General.--The Secretary, in consultation with the Board, shall 
provide preservation technology and training grants to eligible 
applicants with a demonstrated institutional capability and commitment 
to the purposes of the Center, in order to ensure an effective and 
efficient system of research, information distribution, and skills 
training in all the related historic preservation fields.
  (b) Grant Requirements.--
          (1) Allocation.--Grants provided under this section shall be 
        allocated in such a fashion as to reflect the diversity of the 
        historic preservation fields and shall be geographically 
        distributed.
          (2) Limit on amount a recipient may receive.--No grant 
        recipient may receive more than 10 percent of the grants 
        allocated under this section within any year.
          (3) Limit on administrative costs.--The total administrative 
        costs, direct and indirect, charged for carrying out grants 
        under this section may not exceed 25 percent of the aggregate 
        costs.
  (c) Eligible Applicants.--Eligible applicants may include--
          (1) Federal and non-Federal laboratories;
          (2) accredited museums;
          (3) universities;
          (4) nonprofit organizations;
          (5) System units and offices and Cooperative Park Study Units 
        of the System;
          (6) State Historic Preservation Offices;
          (7) tribal preservation offices; and
          (8) Native Hawaiian organizations.
  (d) Standards and Methods.--Grants shall be awarded in accordance 
with accepted professional standards and methods, including peer review 
of projects.
Sec. 2045.06. General provisions
  (a) Acceptance of Grants and Transfers.--The Center may accept--
          (1) grants and donations from private individuals, groups, 
        organizations, corporations, foundations, and other entities; 
        and
          (2) transfers of funds from other Federal agencies.
  (b) Contracts and Cooperative Agreements.--Subject to appropriations, 
the Center may enter into contracts and cooperative agreements with 
Federal, State, local, and tribal governments, Native Hawaiian 
organizations, educational institutions, and other public entities to 
carry out the Center's responsibilities under this chapter.
  (c) Additional Funds.--Funds appropriated for the Center shall be in 
addition to funds appropriated for Service programs, centers, and 
offices in existence on October 30, 1992.
Sec. 2045.07. 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.

                Subdivision 4--Federal Responsibilities

                   CHAPTER 2051.--HISTORIC PROPERTIES

    Subchapter I--Historic Properties Owned or Controlled by Federal 
                                Agencies

Sec.
2051.01.  Assumption of responsibility for preservation of historic 
          properties.
2051.02.  Preservation program.
2051.03.  Records on historic properties to be altered or demolished.
2051.04.  Agency Preservation Officer.
2051.05.  Agency programs and projects.
2051.06.  Review of plans of transferees of surplus federally owned 
          historic properties.
2051.07.  Planning and actions to minimize harm to National Historic 
          Landmarks.
2051.08.  Costs of preservation as eligible project costs.
2051.09.  Annual preservation awards program.
2051.10.  Environmental impact statement.
2051.11.  Waiver of provisions in event of natural disaster or imminent 
          threat to national security.
2051.12.  Assistance for adversely affected historic property.
2051.13.  Documentation of decisions respecting undertakings.

   Subchapter II--Lease, Exchange, or Management of Historic Property

2051.21.  Lease or exchange.
2051.22.  Contracts for managment of historic property.

        Subchapter III--Protection and Preservation of Resources

2051.31.  Standards and guidelines.
2051.32.  Access to information.

   Subchapter I--Historic Properties Owned or Controlled by Federal 
                                Agencies

Sec. 2051.01. Assumption of responsibility for preservation of historic 
                    properties
  (a) In General.--
          (1) Agency head responsibility.--The head of each Federal 
        agency shall assume responsibility for the preservation of 
        historic properties that are owned or controlled by the agency.
          (2) Use of available historic properties.--Prior to 
        acquiring, constructing, or leasing a building for purposes of 
        carrying out agency responsibilities, a Federal agency shall 
        use, to the maximum extent feasible, historic properties 
        available to the agency, in accordance with Executive Order No. 
        13006 (40 U.S.C. 3306 note).
          (3) Necessary preservation.--Each Federal agency shall 
        undertake, consistent with the preservation of historic 
        properties, the mission of the agency, and the professional 
        standards established pursuant to subsection (c), any 
        preservation as may be necessary to carry out this chapter.
  (b) Guidelines for Federal Agency Responsibility for Agency-Owned 
Historic Properties.--In consultation with the Council, the Secretary 
shall promulgate guidelines for Federal agency responsibilities under 
this subchapter.
  (c) Professional Standards for Preservation of Federally Owned or 
Controlled Historic Properties.--The Secretary shall maintain, in 
consultation with the Secretary of Agriculture, the Secretary of 
Defense, the Smithsonian Institution, and the Administrator of General 
Services, professional standards for the preservation of historic 
properties in Federal ownership or control.
Sec. 2051.02. Preservation program
  (a) Establishment.--Each Federal agency (except an agency that is 
exempted pursuant to section 2041.08(c) of this title) shall establish, 
in consultation with the Secretary, a preservation program for the 
identification, evaluation, and nomination to the National Register, 
and protection, of historic properties.
  (b) Requirements.--The program shall ensure that--
          (1) historic properties under the jurisdiction or control of 
        the agency are identified, evaluated, and nominated to the 
        National Register;
          (2) historic properties under the jurisdiction or control of 
        the agency are managed and maintained in a way that considers 
        the preservation of their historic, archaeological, 
        architectural, and cultural values in compliance with section 
        2053.02 of this title and gives special consideration to the 
        preservation of those values in the case of properties 
        designated as having national significance;
          (3) the preservation of properties not under the jurisdiction 
        or control of the agency but potentially affected by agency 
        actions are 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 
        2053.02 of this title--
                  (A) are consistent with regulations promulgated by 
                the Council pursuant to section 2041.08(a) and (b) of 
                this title;
                  (B) provide a process for the identification and 
                evaluation of historic properties for listing in 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 properties will be considered; and
                  (C) provide for the disposition of Native American 
                cultural items from Federal or tribal land in a manner 
                consistent with section 3(c) of the Native American 
                Graves Protection and Repatriation Act (25 U.S.C. 
                3002(c)).
Sec. 2051.03. Records on historic properties to be altered or 
                    demolished
  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 
        2023.06 of this title, in the Library of Congress or with such 
        other appropriate agency as the Secretary may designate, for 
        future use and reference.
Sec. 2051.04. Agency Preservation Officer
  The head of each Federal agency (except an agency that is exempted 
under section 2041.08(c) of this title) shall designate a qualified 
official to be known 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 2051.01(c) of this title.
Sec. 2051.05. Agency programs and projects
  Consistent with the agency's missions and mandates, each Federal 
agency shall carry out agency programs and projects (including those 
under which any Federal assistance is provided or any Federal license, 
permit, or other approval is required) in accordance with the purposes 
of this division and give consideration to programs and projects that 
will further the purposes of this division.
Sec. 2051.06. Review of plans of transferees of surplus federally owned 
                    historic properties
  The Secretary shall review and approve the plans of transferees of 
surplus federally owned historic properties not later than 90 days 
after receipt of the plans to ensure that the prehistorical, 
historical, architectural, or culturally significant values will be 
preserved or enhanced.
Sec. 2051.07. 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--
          (1) to the maximum extent possible, undertake such planning 
        and actions as may be necessary to minimize harm to the 
        landmark; and
          (2) afford the Council a reasonable opportunity to comment on 
        the undertaking.
Sec. 2051.08. Costs of preservation as eligible project costs
  A Federal agency may include the costs of preservation activities of 
the agency under this division as eligible project costs in all 
undertakings of the agency or assisted by the agency. The eligible 
project costs may include amounts paid by a Federal agency to a State 
to be used in carrying out the preservation responsibilities of the 
Federal agency under this division, and reasonable costs may be charged 
to Federal licensees and permittees as a condition to the issuance of 
the license or permit.
Sec. 2051.09. 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 resources. The program may include the issuance of annual 
awards by the President to any citizen of the United States recommended 
for the award by the Secretary.
Sec. 2051.10. Environmental impact statement
  Nothing in this division shall be construed to--
          (1) require the preparation of an environmental impact 
        statement where the statement would not otherwise be required 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.); or
          (2) provide any exemption from any requirement respecting the 
        preparation of an environmental impact statement under that 
        Act.
Sec. 2051.11. 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 chapter may be waived in whole or in part in the 
event of a major natural disaster or an imminent threat to national 
security.
Sec. 2051.12. Assistance for adversely affected historic property
  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 
2053.02 of this title, has intentionally significantly adversely 
affected a historic property to which the grant would relate, or having 
legal power to prevent it, has allowed the significant adverse effect 
to occur, unless the agency, after consultation with the Council, 
determines that circumstances justify granting the assistance despite 
the adverse effect created or permitted by the applicant.
Sec. 2051.13. Documentation of decisions respecting undertakings
  With respect to any undertaking subject to section 2053.02 of this 
title that adversely affects any property included in or eligible for 
inclusion on the National Register, and 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 2053.02 of this title. The head of the agency may 
not delegate responsibilities pursuant to that section. Where a 
memorandum of agreement under section 2053.02 of this title has been 
executed with respect to an undertaking, the memorandum shall govern 
the undertaking and all of its parts.

   Subchapter II--Lease, Exchange, or Management of Historic Property

Sec. 2051.21. Lease or exchange
  (a) Authority To Lease or Exchange.--Notwithstanding any other 
provision of law, each Federal agency, after consultation with the 
Council--
          (1) shall, to the extent practicable, establish and implement 
        alternatives (including adaptive use) for historic properties 
        that are not needed for current or projected agency purposes; 
        and
          (2) may lease a historic property owned by the agency to any 
        person or organization, or exchange any property owned by the 
        agency with comparable historic property, if the agency head 
        determines that the lease or exchange will adequately ensure 
        the preservation of the historic property.
  (b) Proceeds of Lease.--Notwithstanding any other provision of law, 
the proceeds of any lease under subsection (a) may be retained by the 
agency entering into the lease and used to defray the costs of 
administration, maintenance, repair, and related expenses incurred by 
the agency with respect to that property or other properties that are 
on the National Register that are owned by, or are under the 
jurisdiction or control of, the agency. Any surplus proceeds from the 
leases shall be deposited in the Treasury at the end of the second 
fiscal year following the fiscal year in which the proceeds were 
received.
Sec. 2051.22. Contracts for management of historic property
  The head of any Federal agency having responsibility for the 
management of any historic property may, after consultation with the 
Council, enter into a contract for the management of the property. The 
contract shall contain terms and conditions that the head of the agency 
considers necessary or appropriate to protect the interests of the 
United States and ensure adequate preservation of the historic 
property.

        Subchapter III--Protection and Preservation of Resources

Sec. 2051.31. Standards and guidelines
  (a) Standards.--
          (1) In general.--Each Federal agency that is responsible for 
        the protection of historic property (including archaeological 
        property) pursuant to this division or any other law shall 
        ensure that--
                  (A) all actions taken by employees or contractors of 
                the agency meet professional standards under 
                regulations developed by the Secretary in consultation 
                with the Council, other affected agencies, and the 
                appropriate professional societies of archaeology, 
                architecture, conservation, history, landscape 
                architecture, and planning;
                  (B) agency personnel or contractors responsible for 
                historic properties meet qualification standards 
                established by the Office of Personnel Management in 
                consultation with the Secretary and appropriate 
                professional societies of archaeology, architecture, 
                conservation, curation, history, landscape 
                architecture, and planning; and
                  (C) records and other data, including data produced 
                by historical research and archaeological surveys and 
                excavations, are permanently maintained in appropriate 
                databases and made available to potential users 
                pursuant to such regulations as the Secretary shall 
                promulgate.
          (2) Considerations.--The standards referred to in paragraph 
        (1)(B) shall consider the particular skills and expertise 
        needed for the preservation of historic properties and shall be 
        equivalent requirements for the disciplines involved.
  (b) Guidelines.--To promote the preservation of historic property 
eligible for listing on the National Register, the Secretary shall, in 
consultation with the Council, promulgate guidelines to ensure that 
Federal, State, and tribal historic preservation programs subject to 
this division include plans to--
          (1) provide information to the owners of historic property 
        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 the 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 
        properties of religious or cultural importance to Indian 
        tribes, Native Hawaiians, or other Native American groups; and
          (4) encourage owners that are undertaking archaeological 
        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.
Sec. 2051.32. Access to information
  (a) Authority To Withhold From Disclosure.--The head of a Federal 
agency, or other public official receiving grant assistance pursuant to 
this division, after consultation with the Secretary, shall withhold 
from disclosure to the public information about the location, 
character, or ownership of a historic property if the Secretary and the 
agency determine that disclosure may--
          (1) cause a significant invasion of privacy;
          (2) risk harm to the historic property; or
          (3) impede the use of a traditional religious site by 
        practitioners.
  (b) Access Determination.--When the head of a Federal agency or other 
public official determines that information should be withheld from the 
public pursuant to subsection (a), the Secretary, in consultation with 
the Federal agency head or official, shall determine who may have 
access to the information for the purpose of carrying out this 
division.
  (c) Consultation With Council.--When information described in 
subsection (a) has been developed in the course of an agency's 
compliance with section 2051.07 or 2053.02 of this title, the Secretary 
shall consult with the Council in reaching determinations under 
subsections (a) and (b).

                       CHAPTER 2053--UNDERTAKINGS

Sec.
2053.01.  Undertakings outside United States.
2053.02.  Effect of undertakings on historic property.
Sec. 2053.01. Undertakings outside United States
  Prior to the approval of any undertaking outside the United States 
that may directly and adversely affect a property that is on the World 
Heritage List or on the applicable country's equivalent of the National 
Register, the head of a Federal agency having direct or indirect 
jurisdiction over the undertaking shall take into account the effect of 
the undertaking on the property for purposes of avoiding or mitigating 
any adverse effect.
Sec. 2053.02. Effect of undertakings on historic property
  The head of any Federal agency having direct or indirect jurisdiction 
over a proposed undertaking in any State and the head of any Federal 
department or independent agency having authority to license any 
undertaking shall, prior to the approval of the expenditure of any 
Federal funds on the undertaking or prior to the issuance of any 
license, as the case may be, 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.

                        CHAPTER 2055--FINANCING

                   Subchapter I--Financial Assistance

Sec.
2055.01.  Awarding grant funds.
2055.02.  Grants to National Trust.
2055.03.  Apportionment of grant funds.
2055.04.  Loan insurance program for preservation of property included 
          on National Register.
2055.05.  Recordkeeping.

                     Subchapter II--Sources of Funds

2055.11.  Historic Preservation Fund.
2055.12.  Acceptance by Secretary of privately donated funds.

                   Subchapter I--Financial Assistance

Sec. 2055.01. Awarding grant funds
  (a) Conditions.--
          (1) In general.--No grant may be made under this division--
                  (A) unless application for the grant is submitted to 
                the Secretary in accordance with regulations and 
                procedures prescribed by the Secretary;
                  (B) 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 1053;
                  (C) for more than 60 percent of the aggregate costs 
                of carrying out projects and programs under the 
                administrative control of the State Historic 
                Preservation Officer as specified in section 2025.03 of 
                this title in any one fiscal year;
                  (D) unless the grantee has agreed to make reports, in 
                such form and containing such information, as the 
                Secretary may from time to time require;
                  (E) 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; 
                and
                  (F) until the grantee has complied with such further 
                terms and conditions as the Secretary may consider 
                necessary or advisable.
          (2) Source of state share of costs.--Except as permitted by 
        other law, the State share of the costs referred to in 
        paragraph (1)(C) shall be contributed by non-Federal sources.
  (b) Grant Not Treated as Taxable Income.--Notwithstanding any other 
provision of law, no grant made pursuant to this division shall be 
treated as taxable income for purposes of the Internal Revenue Code of 
1986 (26 U.S.C. 1 et seq.).
  (c) Waiver.--The Secretary may waive the requirements of 
subparagraphs (B) and (E) of subsection (a)(1) for any grant under this 
division to the National Trust.
  (d) Restriction on Use of Real Property To Meet Non-Federal Share of 
Cost of Project.--No State shall be permitted to utilize the value of 
real property obtained before October 15, 1966, in meeting the non-
Federal share of the cost of a project for which a grant is made under 
this division.
  (e) Availability.--The Secretary shall make funding available to 
individual States and the National Trust as soon as practicable after 
execution of a grant agreement. For purposes of administration, grants 
to individual States and the National Trust each shall be deemed to be 
one grant and shall be administered by the Service as one grant.
  (f) Administrative Costs.--The total administrative costs, direct and 
indirect, charged for carrying out State projects and programs may not 
exceed 25 percent of the aggregate costs except in the case of a grant 
under section 2031.01(b) of this title.
Sec. 2055.02. Grants to National Trust
  The Secretary of Housing and Urban Development may make grants to the 
National Trust, on terms and conditions and in amounts (not exceeding 
$90,000 with respect to any one structure) as the Secretary of Housing 
and Urban Development considers appropriate, to cover the costs 
incurred by the National Trust in renovating or restoring structures 
that the National Trust considers to be of historic or architectural 
value and that the National Trust has accepted and will maintain (after 
the renovation or restoration) for historic purposes.
Sec. 2055.03. Apportionment of grant funds
  (a) Bases for Apportionment.--The amounts appropriated and made 
available for grants to the States--
          (1) 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
          (2) for projects and programs under this division for each 
        fiscal year shall be apportioned among the States as the 
        Secretary determines to be appropriate.
  (b) Notification.--The Secretary shall notify each State of its 
apportionment under subsection (a)(2) within 30 days after the date of 
enactment of legislation appropriating funds under this division.
  (c) Reapportionment.--Any amount of any apportionment that has not 
been paid or obligated by the Secretary during the fiscal year in which 
the notification is given or during the 2 fiscal years after that 
fiscal year shall be reapportioned by the Secretary in accordance with 
subsection (a)(2). The Secretary shall analyze and revise as necessary 
the method of apportionment. The method and any revision shall be 
published by the Secretary in the Federal Register.
  (d) Transfer of Funds to Certified Local Governments.--Not less than 
10 percent of the annual apportionment distributed by the Secretary to 
each State for the purposes of carrying out this division shall be 
transferred by the State, pursuant to the requirements of this 
division, to certified local governments for historic preservation 
projects or programs of the certified local governments. In any year in 
which the total annual apportionment to the States exceeds $65,000,000, 
50 percent of the excess shall also be transferred by the States to 
certified local governments.
  (e) Guidelines for Use and Distribution of Funds to Certified Local 
Governments.--The Secretary shall establish guidelines for the use and 
distribution of funds under subsection (d) to ensure that no certified 
local government receives a disproportionate share of the funds 
available, and may include a maximum or minimum limitation on the 
amount of funds distributed to any single certified local government. 
The guidelines shall not limit the ability of any State to distribute 
more than 10 percent of its annual apportionment under subsection (d), 
nor shall the Secretary require any State to exceed the 10 percent 
minimum distribution to certified local governments.
Sec. 2055.04. Loan insurance program for preservation of property 
                    included on National Register
  (a) Establishment.--The Secretary shall maintain a program by which 
the Secretary may, on application of a private lender, insure loans 
(including loans made in accordance with a mortgage) made by the lender 
to finance any project for the preservation of a property included on 
the National Register.
  (b) Loan Qualifications.--A loan may be insured under this section 
if--
          (1) the loan is made by a private lender approved by the 
        Secretary as financially sound and able to service the loan 
        properly;
          (2) the amount of the loan, and interest rate charged with 
        respect to the loan, do not exceed the amount and rate 
        established by the Secretary by regulation;
          (3) the Secretary has consulted the appropriate State 
        Historic Preservation Officer concerning the preservation of 
        the historic property;
          (4) the Secretary has determined that the loan is adequately 
        secured and there is reasonable assurance of repayment;
          (5) the repayment period of the loan does not exceed the 
        lesser of 40 years or the expected life of the asset financed;
          (6) the amount insured with respect to the loan does not 
        exceed 90 percent of the loss sustained by the lender with 
        respect to the loan; and
          (7) the loan, the borrower, and the historic property to be 
        preserved meet such other terms and conditions as may be 
        prescribed by the Secretary by regulation, especially terms and 
        conditions relating to the nature and quality of the 
        preservation work.
  (c) Consultation.--The Secretary shall consult with the Secretary of 
the Treasury regarding the interest rate of loans insured under this 
section.
  (d) Limitation on Amount of Unpaid Principal Balance of Loans.--The 
aggregate unpaid principal balance of loans insured under this section 
and outstanding at any one time may not exceed the amount that has been 
deposited in the Historic Preservation Fund pursuant to section 2055.11 
of this title and subsections (h) and (i), as in effect on December 12, 
1980, but which has not been appropriated for any purpose.
  (e) Insurance Contracts.--Any contract of insurance executed by the 
Secretary under this section may be assignable, shall be an obligation 
supported by the full faith and credit of the United States, and shall 
be incontestable except for fraud or misrepresentation of which the 
holder had actual knowledge at the time it became a holder.
  (f) Conditions and Methods of Payment as Result of Loss.--The 
Secretary shall specify, by regulation and in each contract entered 
into under this section, the conditions and method of payment to a 
private lender as a result of losses incurred by the lender on any loan 
insured under this section.
  (g) Protection of Financial Interests of Federal Government.--In 
entering into any contract to insure a loan under this section, the 
Secretary shall take steps to ensure adequate protection of the 
financial interests of the Federal Government. The Secretary may--
          (1) in connection with any foreclosure proceeding, obtain, on 
        behalf of the Federal Government, the historic property 
        securing a loan insured under this section; and
          (2) operate or lease the historic property for such period as 
        may be necessary to protect the interest of the Federal 
        Government and to carry out subsection (h).
  (h) Conveyance to Governmental or Nongovernmental Entity of Property 
Acquired by Foreclosure.--
          (1) Attempt to convey to ensure property's preservation and 
        use.--In any case in which a historic property is obtained 
        pursuant to subsection (g), the Secretary shall attempt to 
        convey the property to any governmental or nongovernmental 
        entity under conditions that will ensure the property's 
        continued preservation and use. If, after a reasonable time, 
        the Secretary, in consultation with the Council, determines 
        that there is no feasible and prudent means to convey the 
        property and to ensure its continued preservation and use, the 
        Secretary may convey the property at the fair market value of 
        its interest in the property to any entity without restriction.
          (2) Disposition of funds.--Any funds obtained by the 
        Secretary in connection with the conveyance of any historic 
        property pursuant to paragraph (1) shall be deposited in the 
        Historic Preservation Fund and shall remain available in the 
        Historic Preservation Fund until appropriated by the Congress 
        to carry out this division.
  (i) Assessment of Fees in Connection With Insuring Loans.--The 
Secretary may assess appropriate and reasonable fees in connection with 
insuring loans under this section. The fees shall be deposited in the 
Historic Preservation Fund and shall remain available in the Historic 
Preservation Fund until appropriated by Congress to carry out this 
division.
  (j) Treatment of Loans as Non-Federal Funds.--Notwithstanding any 
other provision of law, any loan insured under this section shall be 
treated as non-Federal funds for the purposes of satisfying any 
requirement of any other provision of law under which Federal funds to 
be used for any project or activity are conditioned on the use of non-
Federal funds by the recipient for payment of any portion of the costs 
of the project or activity.
  (k) Ineligibility of Debt Obligation for Purchase or Commitment To 
Purchase by, or Sale or Issuance to, Federal Financing Bank.--No debt 
obligation that is made or committed to be made, or that is insured or 
committed to be insured, by the Secretary under this section shall be 
eligible for purchase by, or commitment to purchase by, or sale or 
issuance to, the Federal Financing Bank.
Sec. 2055.05. Recordkeeping
  A beneficiary 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 beneficiary 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.

                    Subchapter II--Sources of Funds

Sec. 2055.11. Historic Preservation Fund
  (a) Establishment.--To carry out this division, there is in the 
Treasury the Historic Preservation Fund.
  (b) Contents.--For each of fiscal years 2009 to 2015, $150,000,000 
shall be deposited in the Historic Preservation Fund from revenues due 
and payable to the United States under section 9 of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1338) or section 7433(b) of 
title 10, notwithstanding any provision of law that those proceeds 
shall be credited to miscellaneous receipts of the Treasury.
  (c) 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.
Sec. 2055.12. Acceptance by Secretary of privately donated funds
  (a) Projects for Which Funds May Be Used.--In furtherance of the 
purposes of this division, the Secretary may accept the donation of 
funds that may be expended by the Secretary for projects to acquire, 
restore, preserve, or recover data from any property included on the 
National Register, as long as the project is owned by a State, any unit 
of local government, or any nonprofit entity.
  (b) Consideration of Factors Respecting Expenditure of Funds.--
          (1) In general.--In expending the funds, the Secretary shall 
        give due consideration to--
                  (A) the national significance of the project;
                  (B) its historical value to the community;
                  (C) the imminence of its destruction or loss; and
                  (D) the expressed intentions of the donor.
          (2) Funds available without regard to matching 
        requirements.--Funds expended under this subsection shall be 
        made available without regard to the matching requirements 
        established by section 2055.01 of this title, but the recipient 
        of the funds shall be permitted to utilize them to match any 
        grants from the Historic Preservation Fund.
  (c) Transfer of Unobligated Funds.--The Secretary may transfer 
unobligated funds previously donated to the Secretary for the purposes 
of the Service, with the consent of the donor, and any funds so 
transferred shall be used or expended in accordance with this division.

                      Subdivision 5--Miscellaneous

                      CHAPTER 2061--MISCELLANEOUS

Sec.
2061.01.  World Heritage Convention.
2061.02.  National Building Museum.
2061.03.  Effective date of regulations.
2061.04.  White House, Supreme Court building, and United States Capitol 
          not included in program for preservation of historic 
          properties.
2061.05.  Attorney's fees and costs to prevailing parties in civil 
          actions.
2061.06.  Authorization for expenditure of appropriated funds.
2061.07.  Donations and bequests of money, personal property, and less 
          than fee interests in historic property.
Sec. 2061.01. World Heritage Convention
  (a) Participation by United States.--The Secretary shall direct and 
coordinate participation by the United States in the World Heritage 
Convention in cooperation with the Secretary of State, the Smithsonian 
Institution, and the Council. Whenever possible, expenditures incurred 
in carrying out activities in cooperation with other nations and 
international organizations shall be paid for in such excess currency 
of the country or area where the expense is incurred as may be 
available to the United States.
  (b) Nomination of Property to World Heritage Committee.--The 
Secretary shall periodically nominate properties that the Secretary 
determines are of international significance to the World Heritage 
Committee on behalf of the United States. No property may be nominated 
unless it has previously been determined to be of national 
significance. Each nomination shall include evidence of such legal 
protections as may be necessary to ensure preservation of the property 
and its environment (including restrictive covenants, easements, or 
other forms of protection). Before making any nomination, the Secretary 
shall notify the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate.
  (c) Nomination of Non-Federal Property to World Heritage Committee 
Requires Written Concurrence of Owner.--No non-Federal property may be 
nominated by the Secretary to the World Heritage Committee for 
inclusion on the World Heritage List unless the owner of the property 
concurs in the nomination in writing.
Sec. 2061.02. National Building Museum
  (a) Definitions.--In this section:
          (1) Building arts.--The term ``building arts'' includes all 
        practical and scholarly aspects of prehistoric, historic, and 
        contemporary architecture, archaeology, construction, building 
        technology and skills, landscape architecture, preservation and 
        conservation, building and construction, engineering, urban and 
        community design and renewal, city and regional planning, and 
        related professions, skills, trades, and crafts.
          (2) Committee.--The term ``Committee'' means the Committee 
        for a National Museum of the Building Arts, Incorporated, a 
        nonprofit corporation organized and existing under the laws of 
        the District of Columbia, or its successor.
  (b) 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.
  (c) Purposes of Museum.--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.
  (d) Provisions of Cooperative Agreement.--The cooperative agreement 
referred to in subsection (b) 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.
  (e) 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.
  (f) Annual Committee Report to Secretary and Administrator.--The 
Committee shall submit an annual report to the Secretary and the 
Administrator of General Services concerning its activities under this 
section and shall provide the Secretary and the Administrator of 
General Services with such other information as the Secretary may 
consider necessary or advisable.
Sec. 2061.03. Effective date of regulations
  (a) Publication in Federal Register.--No final regulation of the 
Secretary shall become effective prior to the expiration of 30 calendar 
days after it is published in the Federal Register during which either 
or both Houses of Congress are in session.
  (b) Disapproval of Regulation by Resolution of Congress.--The 
regulation shall not become effective if, within 90 calendar days of 
continuous session of Congress after the date of promulgation, both 
Houses of Congress adopt a concurrent resolution, the matter after the 
resolving clause of which is as follows: ``That Congress disapproves 
the regulation promulgated by the Secretary dealing with the matter of  
       , which regulation was transmitted to Congress on         , '' 
the blank spaces in the resolution being appropriately filled.
  (c) Failure of Congress To Adopt Resolution of Disapproval of 
Regulation.--If at the end of 60 calendar days of continuous session of 
Congress after the date of promulgation of a regulation, no committee 
of either House of Congress has reported or been discharged from 
further consideration of a concurrent resolution disapproving the 
regulation, and neither House has adopted such a resolution, the 
regulation may go into effect immediately. If, within the 60 calendar 
days, a committee has reported or been discharged from further 
consideration of such a resolution, the regulation may go into effect 
not sooner than 90 calendar days of continuous session of Congress 
after its promulgation unless disapproved as provided for.
  (d) Sessions of Congress.--For purposes of this section--
          (1) continuity of session is broken only by an adjournment 
        sine die; and
          (2) the days on which either House is not in session because 
        of an adjournment of more than 3 days to a day certain are 
        excluded in the computation of 60 and 90 calendar days of 
        continuous session of Congress.
  (e) Congressional Inaction or Rejection of Resolution of Disapproval 
Not Deemed Approval of Regulation.--Congressional inaction on or 
rejection of a resolution of disapproval shall not be deemed an 
expression of approval of the regulation.
Sec. 2061.04. White House, Supreme Court building, and United States 
                    Capitol not included in program for preservation of 
                    historic properties
  Nothing in this division shall be construed to be applicable to the 
White House and its grounds, the Supreme Court building and its 
grounds, or the United States Capitol and its related buildings and 
grounds.
Sec. 2061.05. Attorney's fees and costs to prevailing parties in civil 
                    actions
  In any civil action brought in any United States district court by 
any interested person to enforce this division, if the person 
substantially prevails in the action, the court may award attorney's 
fees, expert witness fees, and other costs of participating in the 
civil action, as the court considers reasonable.
Sec. 2061.06. Authorization for expenditure of appropriated funds
  Where appropriate, each Federal agency may expend funds appropriated 
for its authorized programs for the purposes of activities carried out 
pursuant to this division, except to the extent that appropriations 
legislation expressly provides otherwise.
Sec. 2061.07. Donations and bequests of money, personal property, and 
                    less than fee interests in historic property
  (a) Money and Personal Property.--The Secretary may accept donations 
and bequests of money and personal property for the purposes of this 
division and shall hold, use, expend, and administer the money and 
personal property for those purposes.
  (b) Less Than Fee Interest in Historic Property.--The Secretary may 
accept gifts or donations of less than fee interests in any historic 
property where the acceptance of an interest will facilitate the 
conservation or preservation of the historic property. Nothing in this 
section or in any provision of this division shall be construed to 
affect or impair any other authority of the Secretary under other 
provision of law to accept or acquire any property for conservation or 
preservation or for any other purpose.

                 DIVISION C--ORGANIZATIONS AND PROGRAMS

 CHAPTER 2071--NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED 
                                 STATES

Sec.
2071.01.  Definition.
2071.02.  Establishment and purposes.
2071.03.  Principal office.
2071.04.  Board of trustees.
2071.05.  Powers and duties.
2071.06.  Consultation with Advisory Board.
Sec. 2071.01. Definition
  In this chapter, the term ``Board'' means the board of trustees of 
the National Trust.
Sec. 2071.02. Establishment and purposes
  (a) Establishment.--To further the policy enunciated in chapter 201 
of this title, and to facilitate public participation in the 
preservation of sites, buildings, and objects of national significance 
or interest, there is established a charitable, educational, and 
nonprofit corporation to be known as the National Trust for Historic 
Preservation in the United States.
  (b) Purposes.--The purposes of the National Trust shall be to--
          (1) receive donations of sites, buildings, and objects 
        significant in American history and culture;
          (2) preserve and administer them 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 of sites, buildings, and objects of 
        natural significance or interest; and
          (4) execute other functions vested in it by this chapter.
Sec. 2071.03. Principal office
  The National Trust shall have its principal office in the District of 
Columbia and shall be deemed, for purposes of venue in civil actions, 
to be a resident of the District of Columbia. The National Trust may 
establish offices in other places as it may consider necessary or 
appropriate in the conduct of its business.
Sec. 2071.04. Board of trustees
  (a) Membership.--The affairs of the National Trust shall be under the 
general direction of a board of trustees composed as follows:
          (1) The Attorney General, the Secretary, and the Director of 
        the National Gallery of Art, ex officio.
          (2) Not fewer than 6 general trustees who shall be citizens 
        of the United States.
  (b) Designation of Another Officer.--The Attorney General and the 
Secretary, when it appears desirable in the interest of the conduct of 
the business of the Board and to such extent as they consider it 
advisable, may, by written notice to the National Trust, designate any 
officer of their respective departments to act for them in the 
discharge of their duties as a member of the Board.
  (c) General Trustees.--
          (1) Number and selection.--The number of general trustees 
        shall be fixed by the Board and shall be chosen by the members 
        of the National Trust from its members at any regular meeting 
        of the National Trust.
          (2) Term of office.--The respective terms of office of the 
        general trustees shall be as prescribed by the Board but in no 
        case shall exceed a period of 5 years from the date of 
        election.
          (3) Successor.--A successor to a general trustee shall be 
        chosen in the same manner and shall have a term expiring 5 
        years from the date of the expiration of the term for which the 
        predecessor was chosen, except that a successor chosen to fill 
        a vacancy occurring prior to the expiration of a term shall be 
        chosen only for the remainder of that term.
  (d) Chairman.--The chairman of the Board shall be elected by a 
majority vote of the members of the Board.
  (e) Compensation and Reimbursement.--No compensation shall be paid to 
the members of the Board for their services as such members, but they 
shall be reimbursed for travel and actual expenses necessarily incurred 
by them in attending board meetings and performing other official 
duties on behalf of the National Trust at the direction of the Board.
Sec. 2071.05. Powers and duties
  To the extent necessary to enable it to carry out the functions 
vested in it by this chapter, the National Trust shall have the 
following general powers:
          (1) The National Trust shall have succession until dissolved 
        by Act of Congress, in which event title to the properties of 
        the National Trust, both real and personal, shall, insofar as 
        consistent with existing contractual obligations and subject to 
        all other legally enforceable claims or demands by or against 
        the National Trust, pass to and become vested in the United 
        States.
          (2) The National Trust may sue and be sued in its corporate 
        name.
          (3) The National Trust may adopt, alter, and use a corporate 
        seal that shall be judicially noticed.
          (4) The National Trust may adopt a constitution and make 
        bylaws and regulations, not inconsistent with the laws of the 
        United States or of any State, as it considers necessary for 
        the administration of its functions under this chapter, 
        including among other matter, bylaws and regulations governing 
        visitation to historic properties, administration of corporate 
        funds, and the organization and procedure of the Board.
          (5) The National Trust may accept, hold, and administer gifts 
        and bequests of money, securities, or other personal property 
        of any character, absolutely or in trust, for the purposes for 
        which the National Trust is created. Unless otherwise 
        restricted by the terms of a gift or bequest, the National 
        Trust may sell, exchange, or otherwise dispose of, and invest 
        or reinvest in investments as it may determine from time to 
        time, the moneys, securities, or other property given or 
        bequeathed to it. The principal of corporate funds, together 
        with the income from those funds and all other revenues 
        received by it from any source, shall be placed in depositories 
        that the National Trust shall determine and shall be subject to 
        expenditure by the National Trust for its corporate purposes.
          (6) The National Trust may acquire by gift, devise, purchase, 
        or otherwise, absolutely or in trust, and hold and, unless 
        otherwise restricted by the terms of the gift or devise, 
        encumber, convey, or otherwise dispose of, any real property, 
        or any estate or interest in the property (except property 
        within the exterior boundaries of a System unit), as may be 
        necessary and proper in carrying into effect the purposes of 
        the National Trust.
          (7) The National Trust may contract and make cooperative 
        agreements with Federal, State, or local agencies, 
        corporations, associations, or individuals, under terms and 
        conditions that the National Trust considers advisable, 
        respecting the protection, preservation, maintenance, or 
        operation of any historic site, building, object, or property 
        used in connection with the site, building, or object for 
        public use, regardless of whether the National Trust has 
        acquired title to the properties, or any interest in the 
        properties.
          (8) The National Trust may enter into contracts generally and 
        execute all instruments necessary or appropriate to carry out 
        its corporate purposes, including concession contracts, leases, 
        or permits for the use of land, buildings, or other property 
        considered desirable either to accommodate the public or to 
        facilitate administration.
          (9) The National Trust may appoint and prescribe the duties 
        of officers, agents, and employees as may be necessary to carry 
        out its functions, and fix and pay compensation to them for 
        their services as the National Trust may determine.
          (10) The National Trust may generally do any and all lawful 
        acts necessary or appropriate to carry out the purposes for 
        which the National Trust is created.
Sec. 2071.06. Consultation with Advisory Board
  In carrying out its functions under this chapter, the National Trust 
may consult with the Advisory Board on National Parks, Historic Sites, 
Buildings, and Monuments on matters relating to the selection of sites, 
buildings, and objects to be preserved and protected pursuant to this 
chapter.

  CHAPTER 2073--COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE 
                                 ABROAD

Sec.
2073.01.  Definition.
2073.02.  Declaration of national interest.
2073.03.  Establishment.
2073.04.  Duties and powers; administrative support.
2073.05.  Reports.
Sec. 2073.01. Definition
  In this chapter, the term ``Commission'' means the Commission for the 
Preservation of America's Heritage Abroad established under section 
2073.03 of this title.
Sec. 2073.02. Declaration of national interest
  Because the fabric of a society is strengthened by visible reminders 
of the historical roots of the society, it is in the national interest 
to encourage the preservation and protection of the cemeteries, 
monuments, and historic buildings associated with the foreign heritage 
of United States citizens.
Sec. 2073.03. Establishment
  (a) Establishment.--There is established a commission to be known as 
the Commission for the Preservation of America's Heritage Abroad.
  (b) Membership.--The Commission shall consist of 21 members appointed 
by the President, 7 of whom shall be appointed after consultation with 
the Speaker of the House of Representatives and 7 of whom shall be 
appointed after consultation with the President pro tempore of the 
Senate.
  (c) Term.--
          (1) In general.--Except as provided in paragraph (2), a 
        member of the Commission shall be appointed for a term of 3 
        years.
          (2) Vacancy.--A member appointed to fill a vacancy on the 
        Commission shall serve for the remainder of the term for which 
        the member's predecessor was appointed.
          (3) Member until successor appointed.--A member may retain 
        membership on the Commission until the member's successor has 
        been appointed.
  (d) Chairman.--The President shall designate the Chairman of the 
Commission from among its members.
  (e) Meetings.--The Commission shall meet at least once every 6 
months.
  (f) Compensation and Expenses.--
          (1) Compensation.--Members of the Commission shall receive no 
        pay on account of their service on the Commission.
          (2) Expenses.--While away from their homes or regular places 
        of business in the performance of services for the Commission, 
        members of the Commission shall be allowed travel expenses, 
        including per diem in lieu of subsistence, in the same manner 
        as individuals employed intermittently in the Government 
        service are allowed expenses under section 5703 of title 5.
Sec. 2073.04.  Duties and powers; administrative support
  (a) Duties.--The Commission shall--
          (1) identify and publish a list of cemeteries, monuments, and 
        historic buildings located abroad that are associated with the 
        foreign heritage of United States citizens from eastern and 
        central Europe, particularly cemeteries, monuments, and 
        buildings that are in danger of deterioration or destruction;
          (2) encourage the preservation and protection of those 
        cemeteries, monuments, and historic buildings by obtaining, in 
        cooperation with the Secretary of State, assurances from 
        foreign governments that the cemeteries, monuments, and 
        buildings will be preserved and protected; and
          (3) prepare and disseminate reports on the condition of, and 
        the progress toward preserving and protecting, those 
        cemeteries, monuments, and historic buildings.
  (b) Powers.--
          (1) Hold hearings, request attendance, take testimony, and 
        receive evidence.--The Commission or any member it authorizes 
        may, for the purposes of carrying out this chapter, hold such 
        hearings, sit and act at such times and places, request such 
        attendance, take such testimony, and receive such evidence, as 
        the Commission considers appropriate.
          (2) Appoint personnel and fix pay.--The Commission may 
        appoint such personnel (subject to the provisions of title 5 
        governing appointments in the competitive service) and may fix 
        the pay of such personnel (subject to the provisions of chapter 
        51 and subchapter III of chapter 53 of title 5), as the 
        Commission considers desirable.
          (3) Procure temporary and intermittent services.--The 
        Commission may procure temporary and intermittent services to 
        the same extent as is authorized by section 3109(b) of title 5, 
        but at rates for individuals not to exceed the daily equivalent 
        of the maximum annual rate of basic pay then in effect under 
        section 5376 of title 5.
          (4) Detail personnel to commisison.--On request of the 
        Commission, the head of any Federal department or agency, 
        including the Secretary of State, may detail, on a reimbursable 
        basis, any of the personnel of that department or agency to the 
        Commission to assist it in carrying out its duties under this 
        chapter.
          (5) Secure information.--The Commission may secure directly 
        from any department or agency of the United States, including 
        the Department of State, any information necessary to enable it 
        to carry out this chapter. On the request of the Chairman of 
        the Commission, the head of the department or agency shall 
        furnish the information to the Commission.
          (6) Gifts or donations.--The Commission may accept, use, and 
        dispose of gifts or donations of money or property.
          (7) Use of mails.--The Commission may use the United States 
        mails in the same manner and on the same conditions as other 
        departments and agencies of the United States.
  (c) Administrative Support.--The Administrator of General Services 
shall provide to the Commission on a reimbursable basis administrative 
support services as the Commission may request.
Sec. 2073.05. Reports
  The Commission shall transmit an annual report to the President as 
soon as practicable after the end of each fiscal year. Each report 
shall include a detailed statement of the activities and 
accomplishments of the Commission during the preceding fiscal year and 
any recommendations by the Commission for legislation and 
administrative actions.

         CHAPTER 2075--AMERICAN BATTLEFIELD PROTECTION PROGRAM

Sec.
2075.01.  Purpose.
2075.02.  Definitions.
2075.03.  Preservation assistance.
2075.04.  Battlefield acquisition grant program.
Sec. 2075.01. Purpose
  The purpose of this chapter 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.
Sec. 2075.02. Definitions
  In this chapter:
          (1) Eligible entity.--The term ``eligible entity'' means a 
        State or local government.
          (2) Eligible site.--The term ``eligible site'' means a site--
                  (A) that is not within the exterior boundaries of a 
                System unit; and
                  (B) 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.
          (3) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the American Battlefield Protection Program.
Sec. 2075.03. Preservation assistance
  (a) In General.--Using the established national historic preservation 
program to the extent practicable, the Secretary shall encourage, 
support, assist, recognize, and work in partnership with citizens, 
Federal, State, local, and tribal governments, other public entities, 
educational institutions, and private nonprofit organizations in 
identifying, researching, evaluating, interpreting, and protecting 
historic battlefields and associated sites on a national, State, and 
local level.
  (b) Financial Assistance.--To carry out subsection (a), the Secretary 
may use a cooperative agreement, grant, contract, or other generally 
adopted means of providing financial assistance.
  (c) Authorization of Appropriations.--There is authorized to be 
appropriated $3,000,000 annually to carry out this section, to remain 
available until expended.
Sec. 2075.04. Battlefield acquisition grant program
  (a) Establishment.--The Secretary shall establish a battlefield 
acquisition grant program under which the Secretary may provide grants 
to eligible entities to pay the Federal share of the cost of acquiring 
interests in eligible sites for the preservation and protection of 
those eligible sites.
  (b) Nonprofit Partners.--An eligible entity may acquire an interest 
in an eligible site using a grant under this section in partnership 
with a nonprofit organization.
  (c) Non-Federal Share.--The non-Federal share of the total cost of 
acquiring an interest in an eligible site under this section shall be 
not less than 50 percent.
  (d) Limitation on Land Use.--An interest in an eligible site acquired 
under this section shall be subject to section 1053.08(g) of this 
title.
  (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to provide grants under this section 
$10,000,000 for each of fiscal year 2009 to 2013.

     CHAPTER 2077--NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM

Sec.
2077.01.  Purposes.
2077.02.  Definitions.
2077.03.  Program.
2077.04.  Preservation of historic sites or structures.
2077.05.  Authorization of appropriations.
Sec. 2077.01.  Purposes
  The purposes of this chapter are--
          (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; and
          (2) to authorize the Secretary 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.
Sec. 2077.02.  Definition
  In this chapter, the term ``national network'' means the National 
Underground Railroad Network to Freedom established under section 
2077.03 of this title.
Sec. 2077.03. Program
  (a) Establishment; Responsibilities of Secretary.--The Secretary 
shall establish in the Service a program to be known as the National 
Underground Railroad Network to Freedom. Under the program, the 
Secretary shall--
          (1) produce and disseminate appropriate educational 
        materials, such as handbooks, maps, interpretive guides, or 
        electronic information;
          (2) enter into appropriate cooperative agreements and 
        memoranda of understanding to provide technical assistance 
        under subsection (c); and
          (3) create and adopt an official, uniform symbol or device 
        for the national network and issue regulations for its use.
  (b) Elements.--The national network shall encompass the following 
elements:
          (1) All System units and programs of the Service determined 
        by the Secretary to pertain to the Underground Railroad.
          (2) Other Federal, State, local, and privately owned 
        properties pertaining to the Underground Railroad that have a 
        verifiable connection to the Underground Railroad and that are 
        included on, or determined by the Secretary to be eligible for 
        inclusion on, the National Register of Historic Places.
          (3) Other governmental and nongovernmental facilities and 
        programs of an educational, research, or interpretive nature 
        that are directly related to the Underground Railroad.
  (c) Cooperative Agreements and Memoranda of Understanding.--To 
achieve the purposes of this chapter and to ensure effective 
coordination of the Federal and non-Federal elements of the national 
network with System units and programs of the Service, the Secretary 
may enter into cooperative agreements and memoranda of understanding 
with, and provide technical assistance--
          (1) to the heads of other Federal agencies, States, 
        localities, regional governmental bodies, and private entities; 
        and
          (2) in cooperation with the Secretary of State, to the 
        governments of Canada, Mexico, and any appropriate country in 
        the Caribbean.
Sec. 2077.04. Preservation of historic sites or structures
  (a) Authority To Make Grants.--The Secretary may make grants in 
accordance with this section for the preservation and restoration of 
historic buildings or structures associated with the Underground 
Railroad, and for related research and documentation to sites, 
programs, or facilities that have been included in the national 
network.
  (b) Grant Conditions.--Any grant made under this section shall 
provide that--
          (1) no change or alteration may be made in property for which 
        the grant is used except with the agreement of the property 
        owner and the Secretary;
          (2) the Secretary shall have the right of access at 
        reasonable times to the public portions of the property for 
        interpretive and other purposes; and
          (3) conversion, use, or disposal of the property for purposes 
        contrary to the purposes of this chapter, as determined by the 
        Secretary, shall result in a right of the United States to 
        compensation equal to all Federal funds made available to the 
        grantee under this chapter.
  (c) Matching Requirement.--The Secretary may obligate funds made 
available for a grant under this section only if the grantee agrees to 
match, from funds derived from non-Federal sources, the amount of the 
grant with an amount that is equal to or greater than the grant. The 
Secretary may waive the requirement if the Secretary determines that an 
extreme emergency exists or that a waiver is in the public interest to 
ensure the preservation of historically significant resources.
Sec. 2077.05. Authorization of appropriations
  (a) Amounts.--There are authorized to be appropriated to carry out 
this chapter $2,500,000 for each fiscal year, to be allocated as 
follows:
          (1) $2,000,000 is to be used for the purposes of section 
        2077.03 of this title.
          (2) $500,000 is to be used for the purposes of section 
        2077.04 of this title.
  (b) Restrictions.--No amounts may be appropriated for the purposes of 
this chapter except to the Secretary for carrying out the 
responsibilities of the Secretary as set forth in this chapter.

         CHAPTER 2079--NATIONAL WOMEN'S RIGHTS HISTORY PROJECT

Sec.
2079.01.  National women's rights history project national registry.
2079.02.  National women's rights history project partnerships network.
Sec. 2079.01. National women's rights history project national registry
  (a) In General.--The Secretary may make annual grants to State 
historic preservation offices for not more than 5 years to assist the 
State historic preservation offices in surveying, evaluating, and 
nominating to the National Register of Historic Places women's rights 
history properties.
  (b) Eligibility.--In making grants under subsection (a), the 
Secretary shall give priority to grants relating to properties 
associated with the multiple facets of the women's rights movement, 
such as politics, economics, education, religion, and social and family 
rights.
  (c) Updates.--The Secretary shall ensure that the National Register 
travel itinerary website entitled ``Places Where Women Made History'' 
is updated to contain--
          (1) the results of the inventory conducted under subsection 
        (a); and
          (2) any links to websites related to places on the inventory.
  (d) Cost-Sharing Requirement.--The Federal share of the cost of any 
activity carried out using any assistance made available under this 
section shall be 50 percent.
  (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $1,000,000 for 
each of fiscal years 2009 through 2013.
Sec. 2079.02. National women's rights history project partnerships 
                    network
  (a) Grants.--The Secretary may make matching grants and give 
technical assistance for development of a network of governmental and 
nongovernmental entities (referred to in this section as the 
``network''), the purpose of which is to provide interpretive and 
educational program development of national women's rights history, 
including historic preservation.
  (b) Management of Network.--
          (1) In general.--Through a competitive process, the Secretary 
        shall designate a nongovernmental managing network to manage 
        the network.
          (2) Coordination.--The nongovernmental managing entity 
        designated under paragraph (1) shall work in partnership with 
        the Director and State historic preservation offices to 
        coordinate operation of the network.
  (c) Cost-Sharing Requirement.--
          (1) In general.--The Federal share of the cost of any 
        activity carried out using any assistance made available under 
        this section shall be 50 percent.
          (2) State historic preservation offices.--Matching grants for 
        historic preservation specific to the network may be made 
        available through State historic preservation offices.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $1,000,000 for 
each of fiscal years 2009 through 2013.

    CHAPTER 2081--PRESERVATION OF HISTORICAL AND ARCHAEOLOGICAL DATA

Sec.
2081.01.  Purpose.
2081.02.  Definition.
2081.03.  Notice of dam construction.
2081.04.  Threat of irreparable loss or destruction of significant 
          scientific, prehistorical, historical, or archaeological data 
          by Federal construction projects.
2081.05.  Survey and recovery by Secretary.
2081.06.  Progress reports by Secretary on surveys and work undertaken 
          as result of surveys.
2081.07.  Administration.
2081.08.  Assistance to Secretary by Federal agencies responsible for 
          construction projects; availability of appropriations.
Sec. 2081.01. Purpose
  It is the purpose of this chapter to further the policy set forth in 
chapter 2001 of this title by specifically providing for the 
preservation of historical and archaeological data (including relics 
and specimens) that might otherwise be irreparably lost or destroyed as 
the result of--
          (1) flooding, the building of access roads, the erection of 
        worker's communities, the relocation of railroads and highways, 
        and other alterations of the terrain caused by the construction 
        of a dam by any--
                  (A) Federal agency; or
                  (B) private person or corporation holding a license 
                issued by any Federal agency; or
          (2) any alteration of the terrain caused as a result of any 
        Federal construction project or federally licensed activity or 
        program.
Sec. 2081.02. Definition
  In this chapter, the term ``State'' includes a State, the District of 
Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
the Northern Mariana Islands.
Sec. 2081.03. Notice of dam construction
  (a) In General.--Before any Federal agency undertakes the 
construction of a dam, or issues a license to any private individual or 
corporation for the construction of a dam, it shall give written notice 
to the Secretary setting forth the site of the proposed dam and the 
approximate area to be flooded and otherwise changed if construction is 
undertaken.
  (b) Dams With Certain Detention Capacity or Reservoir.--With respect 
to any flood water retarding dam that provides fewer than 5,000 acre-
feet of detention capacity, and with respect to any other type of dam 
that creates a reservoir of fewer than 40 surface acres, this section 
shall apply only when the constructing agency, in its preliminary 
surveys, finds or is presented with evidence that historical or 
archaeological materials exist or may be present in the proposed 
reservoir area.
Sec. 2081.04. Threat of irreparable loss or destruction of significant 
                    scientific, prehistorical, historical, or 
                    archaeological data by Federal construction 
                    projects
  (a) Activity of Federal Agency.--
          (1) Notification of secretary.--When any Federal agency 
        finds, or is notified, in writing, by an appropriate historical 
        or archaeological authority, that its activities in connection 
        with any Federal construction project or federally licensed 
        project, activity, or program may cause irreparable loss or 
        destruction of significant scientific, prehistorical, 
        historical, or archaeological data, the agency shall notify the 
        Secretary, in writing, and shall provide the Secretary with 
        appropriate information concerning the project, program, or 
        activity.
          (2) Recovery, protection, and preservation of data.--The 
        agency--
                  (A) may request the Secretary to undertake the 
                recovery, protection, and preservation of the data 
                (including preliminary survey, or other investigation 
                as needed, and analysis and publication of the reports 
                resulting from the investigation); or
                  (B) may, with funds appropriated for the project, 
                program, or activity, undertake those activities.
          (3) Availability of reports.--Copies of reports of any 
        investigations made pursuant to this section shall be submitted 
        to the Secretary, who shall make them available to the public 
        for inspection and review.
  (b) Activity of Private Person, Association, or Public Entity.--
          (1) Recovery by secretary.--When any Federal agency provides 
        financial assistance by loan, grant, or otherwise to any 
        private person, association, or public entity, the Secretary, 
        if the Secretary determines that significant scientific, 
        prehistorical, historical, or archaeological data might be 
        irrevocably lost or destroyed, may, with funds appropriated 
        expressly for this purpose--
                  (A) conduct, with the consent of all persons, 
                associations, or public entities having a legal 
                interest in the property, a survey of the affected 
                site; and
                  (B) undertake the recovery, protection, and 
                preservation of the data (including analysis and 
                publication).
          (2) Compensation.--The Secretary shall, unless otherwise 
        agreed to in writing, compensate any person, association, or 
        public entity damaged as a result of delays in construction or 
        as a result of the temporary loss of the use of private or any 
        nonfederally owned land.
Sec. 2081.05. Survey and recovery by Secretary
  (a) In General.--The Secretary, on notification, in writing, by any 
Federal or State agency or appropriate historical or archaeological 
authority that scientific, prehistorical, historical, or archaeological 
data are being or may be irrevocably lost or destroyed by any Federal 
or federally assisted or licensed project, activity, or program, shall, 
if the Secretary determines that the data are significant and are being 
or may be irrevocably lost or destroyed and after reasonable notice to 
the agency responsible for funding or licensing the project, activity, 
or program--
          (1) conduct or cause to be conducted a survey and other 
        investigation of the areas that are or may be affected; and
          (2) recover and preserve the data (including analysis and 
        publication) that, in the opinion of the Secretary, are not 
        being, but should be, recovered and preserved in the public 
        interest.
  (b) When Survey or Recovery Not Required.--No survey or recovery work 
shall be required pursuant to this section that, in the determination 
of the head of the responsible agency, would impede Federal or 
federally assisted or licensed projects or activities undertaken in 
connection with any emergency, including projects or activities 
undertaken in anticipation of, or as a result of, a natural disaster.
  (c) Initiation of Survey.--The Secretary shall initiate the survey or 
recovery effort within--
          (1) 60 days after notification pursuant to subsection (a); or
          (2) such time as may be agreed on with the head of the agency 
        responsible for funding or licensing the project, activity, or 
        program in all other cases.
  (d) Compensation by Secretary.--The Secretary shall, unless otherwise 
agreed to in writing, compensate any person, association, or public 
entity damaged as a result of delays in construction or as a result of 
the temporary loss of the use of private or nonfederally owned land.
Sec. 2081.06. Progress reports by Secretary on surveys and work 
                    undertaken as result of surveys
  (a) Progress Reports to Funding or Licensing Agency.--The Secretary 
shall keep the agency responsible for funding or licensing the project 
notified at all times of the progress of any survey made under this 
chapter or of any work undertaken as a result of a survey, in order 
that there will be as little disruption or delay as possible in the 
carrying out of the functions of the agency. The survey and recovery 
programs shall terminate at a time agreed on by the Secretary and the 
head of the agency unless extended by agreement.
  (b) Disposition of Relics and Specimens.--The Secretary shall consult 
with any interested Federal and State agencies, educational and 
scientific organizations, private institutions, and qualified 
individuals, with a view to determining the ownership of, and the most 
appropriate repository for, any relics and specimens recovered as a 
result of any work performed as provided for in this section.
  (c) Coordination of Activities.--The Secretary shall coordinate all 
Federal survey and recovery activities authorized under this chapter.
Sec. 2081.07. 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 
        archaeological purposes by any private person or corporation or 
        transferred to the Secretary by any Federal agency.
Sec. 2081.08. Assistance to Secretary by Federal agencies responsible 
                    for construction projects; availability of 
                    appropriations
  (a) Assistance of Federal Agencies.--To carry out the purposes of 
this chapter, any Federal agency responsible for a construction project 
may assist the Secretary or may transfer to the Secretary funds as may 
be agreed on, but not more than one percent of the total amount 
authorized to be appropriated for the project, except that the one 
percent limitation of this section shall not apply if the cost of the 
project is $50,000 or less. The costs of the survey, recovery, 
analysis, and publication shall be deemed nonreimbursable project 
costs.
  (b) Costs for Identification, Surveys, Evaluation, and Data Recovery 
With Respect to Historic Properties.--Notwithstanding subsection (a) or 
any other provision of law--
          (1) identification, surveys, and evaluation carried out with 
        respect to historic properties 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 
        properties 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 one percent limitation contained in subsection (a).
  (c) Availability of Appropriations.--Sums appropriated for purposes 
of this section shall remain available until expended.

                CHAPTER 2083--NATIONAL MARITIME HERITAGE

Sec.
2083.01.  Declaration of policy.
2083.02.  Definitions.
2083.03.  National Maritime Heritage Grants Program.
2083.04.  Funding.
2083.05.  Designation of America's National Maritime Museum.
2083.06.  Regulations.
2083.07.  Application of authorities.
Sec. 2083.01. Declaration of policy
  It shall be the policy of the Federal Government, in partnership with 
the States and local governments and private organizations and 
individuals, to--
          (1) use measures, including financial and technical 
        assistance, to foster conditions under which our modern society 
        and our historic maritime resources can exist in productive 
        harmony;
          (2) provide leadership in the preservation of the historic 
        maritime resources of the United States;
          (3) contribute to the preservation of historic maritime 
        resources and give maximum encouragement to organizations and 
        individuals undertaking preservation by private means; and
          (4) assist State and local governments to expand their 
        maritime historic preservation programs and activities.
Sec. 2083.02. Definitions
  In this chapter:
          (1) National trust.--The term ``National Trust'' means the 
        National Trust for Historic Preservation created by section 
        2071.02 of this title.
          (2) Private nonprofit organization.--The term ``private 
        nonprofit organization'' means any person that is exempt from 
        taxation under section 501(a) of the Internal Revenue Code of 
        1986 (26 U.S.C. 501(a)) and described in section 501(c)(3) of 
        the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
          (3) Program.--The term ``Program'' means the National 
        Maritime Heritage Grants Program established by section 
        2083.03(a) of this title.
          (4) State historic preservation officer.--The term ``State 
        Historic Preservation Officer'' means a State Historic 
        Preservation Officer appointed pursuant to section 2025.01(1) 
        of this title by the chief executive officer of a State having 
        a State Historic Preservation Program approved by the Secretary 
        under that section.
Sec. 2083.03. National Maritime Heritage Grants Program
  (a) Establishment.--There is in the Department of the Interior the 
National Maritime Heritage Grants Program, to foster in the American 
public a greater awareness and appreciation of the role of maritime 
endeavors in our Nation's history and culture. The Program shall 
consist of--
          (1) annual grants to the National Trust for subgrants 
        administered by the National Trust for maritime heritage 
        education projects under subsection (b); and
          (2) grants to State Historic Preservation Officers for 
        maritime heritage preservation projects carried out or 
        administered by those Officers under subsection (c).
  (b) Grants for Maritime Heritage Education Projects.--
          (1) Grants to national trust.--The Secretary, subject to 
        paragraph (2), and the availability of amounts for that purpose 
        under section 2083.04(b)(1)(A) of this title, shall make an 
        annual grant to the National Trust for maritime heritage 
        education projects.
          (2) Use of grants.--Amounts received by the National Trust as 
        an annual grant under this subsection shall be used to make 
        subgrants to State and local governments and private nonprofit 
        organizations to carry out education projects that have been 
        approved by the Secretary under subsection (f) and that consist 
        of--
                  (A) assistance to any maritime museum or historical 
                society for--
                          (i) existing and new educational programs, 
                        exhibits, educational activities, conservation, 
                        and interpretation of artifacts and 
                        collections;
                          (ii) minor improvements to educational and 
                        museum facilities; and
                          (iii) other similar activities;
                  (B) activities designed to encourage the preservation 
                of traditional maritime skills, including--
                          (i) building and operation of vessels of all 
                        sizes and types for educational purposes;
                          (ii) special skills such as wood carving, 
                        sail making, and rigging;
                          (iii) traditional maritime art forms; and
                          (iv) sail training;
                  (C) other educational activities relating to historic 
                maritime resources, including--
                          (i) maritime  educational  waterborne-
                        experience programs in historic vessels or 
                        vessel reproductions;
                          (ii) maritime archaeological field schools; 
                        and
                          (iii) educational programs on other aspects 
                        of maritime history;
                  (D) heritage programs focusing on maritime historic 
                resources, including maritime heritage trails and 
                corridors; or
                  (E) the construction and use of reproductions of 
                historic maritime resources for educational purposes, 
                if a historic maritime resource no longer exists or 
                would be damaged or consumed through direct use.
  (c) Grants for Maritime Heritage Preservation Projects.--
          (1) Grants to state historic preservation officers.--The 
        Secretary, acting through the National Maritime Initiative of 
        the Service and subject to paragraph (2), and the availability 
        of amounts for that purpose under section 2083.04(b)(1)(B) of 
        this title, shall make grants to State Historic Preservation 
        Officers for maritime heritage preservation projects.
          (2) Use of grants.--Amounts received by a State Historic 
        Preservation Officer as a grant under this subsection shall be 
        used by the Officer to carry out, or to make subgrants to local 
        governments and private nonprofit organizations to carry out, 
        projects that have been approved by the Secretary under 
        subsection (f) for the preservation of historic maritime 
        resources through--
                  (A) identification of historic maritime resources, 
                including underwater archaeological sites;
                  (B) acquisition of historic maritime resources for 
                the purposes of preservation;
                  (C) repair, restoration, stabilization, maintenance, 
                or other capital improvements to historic maritime 
                resources, in accordance with standards prescribed by 
                the Secretary; and
                  (D) research, recording (through drawings, 
                photographs, or otherwise), planning (through 
                feasibility studies, architectural and engineering 
                services, or otherwise), and other services carried out 
                as part of a preservation program for historic maritime 
                resources.
  (d) Criteria for Direct Grant and Subgrant Eligibility.--To qualify 
for a subgrant from the National Trust under subsection (b), or a 
direct grant to or a subgrant from a State Historic Preservation 
Officer under subsection (c), a person shall--
          (1) demonstrate that the project for which the direct grant 
        or subgrant will be used has the potential for reaching a broad 
        audience with an effective educational program based on 
        American maritime history, technology, or the role of maritime 
        endeavors in American culture;
          (2) match the amount of the direct grant or subgrant, on a 1-
        to-1 basis, with non-Federal assets from non-Federal sources, 
        which may include cash or donated services fairly valued as 
        determined by the Secretary;
          (3) maintain records as may be reasonably necessary to fully 
        disclose--
                  (A) the amount and the disposition of the proceeds of 
                the direct grant or subgrant;
                  (B) the total cost of the project for which the 
                direct grant or subgrant is made; and
                  (C) other records as may be required by the 
                Secretary, including such records as will facilitate an 
                effective accounting for project funds;
          (4) provide access to the Secretary for the purposes of any 
        required audit and examination of any records of the person; 
        and
          (5) be a unit of State or local government, or a private 
        nonprofit organization.
  (e) Procedures, Terms, and Conditions.--
          (1) Application procedures.--An application for a subgrant 
        under subsection (b), or a direct grant or subgrant under 
        subsection (c), shall be submitted under procedures prescribed 
        by the Secretary.
          (2) Terms and conditions.--A person may not receive a 
        subgrant under subsection (b), or a direct grant or subgrant 
        under subsection (c), unless the person agrees to assume, after 
        completion of the project for which the direct grant or 
        subgrant is awarded, the total cost of the continued 
        maintenance, repair, and administration of any property for 
        which the subgrant will be used in a manner satisfactory to the 
        Secretary.
  (f) Allocation of, and Limitation on, Grant Funding.--
          (1) Allocation.--To the extent feasible, the Secretary shall 
        ensure that the amount made available under subsection (b) for 
        maritime heritage education projects is equal to the amount 
        made available under subsection (c) for maritime heritage 
        preservation projects.
          (2) Limitation.--The amount provided by the Secretary in a 
        fiscal year as grants under this section for projects relating 
        to historic maritime resources owned or operated by the Federal 
        Government shall not exceed 40 percent of the total amount 
        available for the fiscal year for grants under this section.
  (g) Publication of Direct Grant and Subgrant Information.--The 
Secretary shall publish annually in the Federal Register and otherwise 
as the Secretary considers appropriate--
          (1) a solicitation of applications for direct grants and 
        subgrants under this section;
          (2) a list of priorities for the making of those direct 
        grants and subgrants;
          (3) a single deadline for the submission of applications for 
        those direct grants and subgrants; and
          (4) other relevant information.
  (h) Direct Grant and Subgrant Administration.--
          (1) Responsibility.--
                  (A) National trust.--The National Trust is 
                responsible for administering subgrants for maritime 
                heritage education projects under subsection (b).
                  (B) Secretary.--The Secretary is responsible for 
                administering direct grants for maritime heritage 
                preservation projects under subsection (c).
                  (C) State historic preservation officers.--State 
                Historic Preservation Officers are responsible for 
                administering subgrants for maritime heritage 
                preservation projects under subsection (c).
          (2) Actions.--The appropriate responsible party under 
        paragraph (1) shall administer direct grants or subgrants by--
                  (A) publicizing the Program to prospective grantees, 
                subgrantees, and the public at large, in cooperation 
                with the Service, the Maritime Administration, and 
                other appropriate government agencies and private 
                institutions;
                  (B) answering inquiries from the public, including 
                providing information on the Program as requested;
                  (C) distributing direct grant and subgrant 
                applications;
                  (D) receiving direct grant and subgrant applications 
                and ensuring their completeness;
                  (E) keeping records of all direct grant and subgrant 
                awards and expenditures of funds;
                  (F) monitoring progress of projects carried out with 
                direct grants and subgrants; and
                  (G) providing to the Secretary such progress reports 
                as may be required by the Secretary.
  (i) Assistance of Maritime Preservation Organizations.--The 
Secretary, the National Trust, and the State Historic Preservation 
Officers may, individually or jointly, enter into cooperative 
agreements with any private nonprofit organization with appropriate 
expertise in maritime preservation issues, or other qualified maritime 
preservation organizations, to assist in the administration of the 
Program.
  (j) Report to Congress.--The Secretary shall submit to Congress an 
annual report on the Program, including--
          (1) a description of each project funded under the Program in 
        the period covered by the report;
          (2) the results or accomplishments of each such project; and
          (3) recommended priorities for achieving the policy set forth 
        in section 2083.01 of this title.
Sec. 2083.04. Funding
  (a) Availability of Funds From Sale and Scrapping of Obsolete 
Vessels.--
          (1) In general.--Notwithstanding any other provision of law, 
        the amount of funds credited in a fiscal year to the Vessel 
        Operations Revolving Fund established by section 50301(a) of 
        title 46 that is attributable to the sale of obsolete vessels 
        in the National Defense Reserve Fleet that are scrapped or sold 
        under section 57102, 57103, or 57104 of title 46 shall be 
        available until expended as follows:
                  (A) Fifty percent shall be available to the 
                Administrator of the Maritime Administration for such 
                acquisition, maintenance, repair, reconditioning, or 
                improvement of vessels in the National Defense Reserve 
                Fleet as is authorized under other Federal law.
                  (B) Twenty five percent shall be available to the 
                Administrator of the Maritime Administration for the 
                payment or reimbursement of expenses incurred by or on 
                behalf of State maritime academies or the United States 
                Merchant Marine Academy for facility and training ship 
                maintenance, repair, and modernization, and for the 
                purchase of simulators and fuel.
                  (C) The remainder shall be available to the Secretary 
                to carry out the Program, as provided in subsection 
                (b).
          (2) Applicability.--Paragraph (1) does not apply to amounts 
        credited to the Vessel Operations Revolving Fund before July 1, 
        1994.
  (b) Use of Amounts for Program.--
          (1) In general.--Except as provided in paragraph (2), of 
        amounts available each fiscal year for the Program under 
        subsection (a)(1)(C)--
                  (A) one half shall be used for grants under section 
                2083.03(b) of this title; and
                  (B) one half shall be used for grants under section 
                2083.03(c) of this title.
          (2) Administrative expenses.--
                  (A) In general.--Not more than 15 percent or 
                $500,000, whichever is less, of the amount available 
                for the Program under subsection (a)(1)(C) for a fiscal 
                year may be used for expenses of administering the 
                Program.
                  (B) Allocation.--Of the amount available under 
                subparagraph (A) for a fiscal year--
                          (i) one half shall be allocated to the 
                        National Trust for expenses incurred in 
                        administering grants under section 2083.03(b) 
                        of this title; and
                          (ii) one half shall be allocated as 
                        appropriate by the Secretary to the Service and 
                        participating State Historic Preservation 
                        Officers.
  (c) Disposal of Vessels.--
          (1) Requirement.--The Secretary of Transportation shall 
        dispose of all vessels described in paragraph (2)--
                  (A) in accordance with a priority system for 
                disposing of vessels, as determined by the Secretary, 
                that shall include provisions requiring the Maritime 
                Administration to--
                          (i) dispose of all deteriorated high priority 
                        ships that are available for disposal within 12 
                        months of their designation as available for 
                        disposal; and
                          (ii) give priority to the disposition of 
                        those vessels that pose the most significant 
                        danger to the environment or cost the most to 
                        maintain;
                  (B) in the manner that provides the best value to the 
                Federal Government, except in any case in which 
                obtaining the best value would require towing a vessel 
                and the towing poses a serious threat to the 
                environment; and
                  (C) in accordance with the plan of the Department of 
                Transportation for disposal of those vessels and 
                requirements under sections 57102 to 57104 of title 46.
          (2) Vessels described.--The vessels referred to in paragraph 
        (1) are the vessels in the National Defense Reserve Fleet after 
        July 1, 1994, that--
                  (A) are not assigned to the Ready Reserve Force 
                component of the National Defense Reserve Fleet; and
                  (B) are not specifically authorized or required by 
                statute to be used for a particular purpose.
  (d) Treatment of Available Amounts.--Amounts available under this 
section shall not be considered in any determination of the amounts 
available to the Department of the Interior.
Sec. 2083.05. Designation of America's National Maritime Museum
  (a) In General.--America's National Maritime Museum is comprised of 
those museums designated by law to be museums of America's National 
Maritime Museum on the basis that they--
          (1) house a collection of maritime artifacts clearly 
        representing the Nation's maritime heritage; and
          (2) provide outreach programs to educate the public about the 
        Nation's maritime heritage.
  (b) Initial Designation.--The following museums (meeting the criteria 
specified in subsection (a)) are designated as museums of America's 
National Maritime Museum:
          (1) The Mariners' Museum, located at 100 Museum Drive, 
        Newport News, Virginia.
          (2) The South Street Seaport Museum, located at 207 Front 
        Street, New York, New York.
  (c) Future Designation of Other Museums Not Precluded.--The 
designation of the museums referred to in subsection (b) as museums of 
America's National Maritime Museum does not preclude the designation by 
law of any other museum that meets the criteria specified in subsection 
(a) as a museum of America's National Maritime Museum.
  (d) Reference to Museums.--Any reference in any law, map, regulation, 
document, paper, or other record of the United States to a museum 
designated by law to be a museum of America's National Maritime Museum 
shall be deemed to be a reference to that museum as a museum of 
America's National Maritime Museum.
Sec. 2083.06. Regulations
  The Secretary, after consultation with the National Trust, the 
National Conference of State Historic Preservation Officers, and 
appropriate members of the maritime heritage community, shall prescribe 
appropriate guidelines, procedures, and regulations to carry out the 
chapter, including direct grant and subgrant priorities, the method of 
solicitation and review of direct grant and subgrant proposals, 
criteria for review of direct grant and subgrant proposals, 
administrative requirements, reporting and recordkeeping requirements, 
and any other requirements the Secretary considers appropriate.
Sec. 2083.07. Application of authorities
  The authorities contained in this chapter shall be in addition to, 
and shall not be construed to supercede or modify those contained in 
division B of this subtitle.

                 CHAPTER 2085--PRESERVE AMERICA PROGRAM

Sec.
2085.01.  Purpose.
2085.02.  Definitions.
2085.03.  Establishment.
2085.04.  Designation of Preserve America Communities.
2085.05.  Regulations.
2085.06.  Authoriztion of appropriations.
Sec. 2085.01. Purpose
  The purpose of this chapter is to authorize the Preserve America 
Program, including--
          (1) the Preserve America grant program within the Department 
        of the Interior;
          (2) the recognition programs administered by the Advisory 
        Council on Historic Preservation; and
          (3) the related efforts of Federal agencies, working in 
        partnership with State, tribal, and local governments and the 
        private sector, to support and promote the preservation of 
        historic resources.
Sec. 2085.02. Definitions
  In this chapter:
          (1) Council.--The term ``Council'' means the Advisory Council 
        on Historic Preservation.
          (2) Heritage tourism.--The term ``heritage tourism'' means 
        the conduct of activities to attract and accommodate visitors 
        to a site or area based on the unique or special aspects of the 
        history, landscape (including trail systems), and culture of 
        the site or area.
          (3) Program.--The term ``program'' means the Preserve America 
        Program established under section 2085.03(a).
Sec. 2085.03. Establishment
  (a) In General.--There is established in the Department of the 
Interior the Preserve America Program, under which the Secretary, in 
partnership with the Council, may provide competitive grants to States, 
local governments (including local governments in the process of 
applying for designation as Preserve America Communities under section 
2085.04 of this title, Indian tribes, communities designated as 
Preserve America Communities under section 2085.04 of this title, State 
historic preservation offices, and tribal historic preservation offices 
to support preservation efforts through heritage tourism, education, 
and historic preservation planning activities.
  (b) Eligible Projects.--
          (1) In general.--The following projects shall be eligible for 
        a grant under this chapter:
                  (A) A project for the conduct of--
                          (i) research on, and documentation of, the 
                        history of a community; and
                          (ii) surveys of the historic resources of a 
                        community.
                  (B) An education and interpretation project that 
                conveys the history of a community or site.
                  (C) A planning project (other than building 
                rehabilitation) that advances economic development 
                using heritage tourism and historic preservation.
                  (D) A training project that provides opportunities 
                for professional development in areas that would aid a 
                community in using and promoting its historic 
                resources.
                  (E) A project to support heritage tourism in a 
                Preserve America Community designated under section 
                2085.04 of this title.
                  (F) Other nonconstruction projects that identify or 
                promote historic properties or provide for the 
                education of the public about historic properties that 
                are consistent with the purposes of this chapter.
          (2) Limitation.--In providing grants under this chapter, the 
        Secretary shall provide only one grant to each eligible project 
        selected for a grant.
  (c) Preference.--In providing grants under this chapter, the 
Secretary may give preference to projects that carry out the purposes 
of both the program and the Save America's Treasures Program.
  (d) Consultation and Notification.--
          (1) Consultation.--The Secretary shall consult with the 
        Council in preparing the list of projects to be provided grants 
        for a fiscal year under the program.
          (2) Notification.--Not later than 30 days before the date on 
        which the Secretary provides grants for a fiscal year under the 
        program, the Secretary shall submit to the Committee on Energy 
        and Natural Resources and the Committee on Appropriations of 
        the Senate and the Committee on Natural Resources and the 
        Committee on Appropriations of the House of Representatives a 
        list of any eligible projects that are to be provided grants 
        under the program for the fiscal year.
  (e) Cost-Sharing Requirement.--
          (1) In general.--The non-Federal share of the cost of 
        carrying out a project provided a grant under this chapter 
        shall be not less than 50 percent of the total cost of the 
        project.
          (2) Form of non-federal share.--The non-Federal share 
        required under paragraph (1) shall be in the form of--
                  (A) cash; or
                  (B) donated supplies and related services, the value 
                of which shall be determined by the Secretary.
          (3) Requirement.--The Secretary shall ensure that each 
        applicant for a grant has the capacity to secure, and a 
        feasible plan for securing, the non-Federal share for an 
        eligible project required under paragraph (1) before a grant is 
        provided to the eligible project under the program.
Sec. 2085.04. Designation of Preserve America Communities
  (a) Application.--To be considered for designation as a Preserve 
America Community, a community, tribal area, or neighborhood shall 
submit to the Council an application containing such information as the 
Council may require.
  (b) Criteria.--To be designated as a Preserve America Community under 
the program, a community, tribal area, or neighborhood that submits an 
application under subsection (a) shall, as determined by the Council, 
in consultation with the Secretary, meet criteria required by the 
Council and, in addition, consider--
          (1) protection and celebration of the heritage of the 
        community, tribal area, or neighborhood;
          (2) use of the historic assets of the community, tribal area, 
        or neighborhood for economic development and community 
        revitalization; and
          (3) encouragement of people to experience and appreciate 
        local historic resources through education and heritage tourism 
        programs.
  (c) Local Governments Previously Certified for Historic Preservation 
Activities.--The Council shall establish an expedited process for 
Preserve America Community designation for local governments previously 
certified for historic preservation activities under section 2027.02 of 
this title.
  (d) Guidelines.--The Council, in consultation with the Secretary, 
shall establish any guidelines that are necessary to carry out this 
section.
Sec. 2085.05.  Regulations
  The Secretary shall develop any guidelines and issue any regulations 
that the Secretary determines to be necessary to carry out this 
chapter.
Sec. 2085.06. 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.

             CHAPTER 2087--SAVE AMERICA'S TREASURES PROGRAM

Sec.
2087.01.  Purpose.
2087.02.  Definitions.
2087.03.  Establishment.
2087.04.  Regulations.
2087.05.  Authorization of appropriations.
Sec. 2087.01. Purpose
  The purpose of this chapter is to authorize within the Department of 
the Interior the Save America's Treasures Program, to be carried out by 
the Director, in partnership with--
          (1) the National Endowment for the Arts;
          (2) the National Endowment for the Humanities;
          (3) the Institute of Museum and Library Services;
          (4) the National Trust for Historic Preservation;
          (5) the National Conference of State Historic Preservation 
        Officers;
          (6) the National Association of Tribal Historic Preservation 
        Officers; and
          (7) the President's Committee on the Arts and the Humanities.
Sec. 2087.02. Definitions
  In this chapter:
          (1) Collection.--The term ``collection'' means a collection 
        of intellectual and cultural artifacts, including documents, 
        sculpture, and works of art.
          (2) Eligible entity.--The term ``eligible entity'' means a 
        Federal entity, State, local, or tribal government, educational 
        institution, or nonprofit organization.
          (3) Historic property.--The term ``historic property'' has 
        the meaning given the term in section 2011.03 of this title.
          (4) Nationally significant.--The term ``nationally 
        significant'' means a collection or historic property that 
        meets the applicable criteria for national significance, in 
        accordance with regulations promulgated by the Secretary 
        pursuant to section 2023.03 of this title.
          (5) Program.--The term ``program'' means the Save America's 
        Treasures Program established under section 2087.03(a) of this 
        title.
          (6) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Director.
Sec. 2087.03.  Establishment
  (a) In General.--There is established in the Department of the 
Interior the Save America's Treasures Program, under which the amounts 
made available to the Secretary under section 2087.05 of this title 
shall be used by the Secretary, in consultation with the organizations 
described in section 2087.01 of this title, subject to subsection 
(f)(1)(B), to provide grants to eligible entities for projects to 
preserve nationally significant collections and historic properties.
  (b) Determination of Grants.--Of the amounts made available for 
grants under section 2087.05 of this title, not less than 50 percent 
shall be made available for grants for projects to preserve collections 
and historic properties, to be distributed through a competitive grant 
process administered by the Secretary, subject to the eligibility 
criteria established under subsection (e).
  (c) Application for Grants.--To be considered for a competitive grant 
under the program an eligible entity shall submit to the Secretary an 
application containing such information as the Secretary may require.
  (d) Collections and Historic Properties Eligible for Competitive 
Grants.--
          (1) In general.--A collection or historic property shall be 
        provided a competitive grant under the program only if the 
        Secretary determines that the collection or historic property 
        is--
                  (A) nationally significant; and
                  (B) threatened or endangered.
          (2) Eligible collections.--A determination by the Secretary 
        regarding the national significance of collections under 
        paragraph (1)(A) shall be made in consultation with the 
        organizations described in section 2087.01 of this title, as 
        appropriate.
          (3) Eligible historic properties.--To be eligible for a 
        competitive grant under the program, a historic property shall, 
        as of the date of the grant application--
                  (A) be listed in the National Register of Historic 
                Places at the national level of significance; or
                  (B) be designated as a National Historic Landmark.
  (e) Selection Criteria for Grants.--
          (1) In general.--The Secretary shall not provide a grant 
        under this chapter to a project for an eligible collection or 
        historic property unless the project--
                  (A) eliminates or substantially mitigates the threat 
                of destruction or deterioration of the eligible 
                collection or historic property;
                  (B) has a clear public benefit; and
                  (C) is able to be completed on schedule and within 
                the budget described in the grant application.
          (2) Preference.--In providing grants under this chapter, the 
        Secretary may give preference to projects that carry out the 
        purposes of both the program and the Preserve America Program.
          (3) Limitation.--In providing grants under this chapter, the 
        Secretary shall only provide one grant to each eligible project 
        selected for a grant.
  (f) Consultation and Notification by Secretary.--
          (1) Consultation.--
                  (A) In general.--Subject to subparagraph (B), the 
                Secretary shall consult with the organizations 
                described in section 2087.01 of this title in preparing 
                the list of projects to be provided grants for a fiscal 
                year by the Secretary under the program.
                  (B) Limitation.--If an entity described in 
                subparagraph (A) has submitted an application for a 
                grant under the program, the entity shall be recused by 
                the Secretary from the consultation requirements under 
                that subparagraph and subsection (a).
          (2) Notification.--Not later than 30 days before the date on 
        which the Secretary provides grants for a fiscal year under the 
        program, the Secretary shall submit to the Committee on Energy 
        and Natural Resources of the Senate, the Committee on 
        Appropriations of the Senate, the Committee on Natural 
        Resources of the House of Representatives, and the Committee on 
        Appropriations of the House of Representatives a list of any 
        eligible projects that are to be provided grants under the 
        program for the fiscal year.
  (g) Cost-Sharing Requirement.--
          (1) In general.--The non-Federal share of the cost of 
        carrying out a project provided a grant under this chapter 
        shall be not less than 50 percent of the total cost of the 
        project.
          (2) Form of non-federal share.--The non-Federal share 
        required under paragraph (1) shall be in the form of--
                  (A) cash; or
                  (B) donated supplies or related services, the value 
                of which shall be determined by the Secretary.
          (3) Requirement.--The Secretary shall ensure that each 
        applicant for a grant has the capacity and a feasible plan for 
        securing the non-Federal share for an eligible project required 
        under paragraph (1) before a grant is provided to the eligible 
        project under the program.
Sec. 2087.04. Regulations
  The Secretary shall develop any guidelines and issue any regulations 
that the Secretary determines to be necessary to carry out this 
chapter.
Sec. 2087.05. Authorization of appropriations
  There is authorized to be appropriated to carry out this chapter 
$50,000,000 for each fiscal year, to remain available until expended.

            CHAPTER 2089--COMMEMORATION OF FORMER PRESIDENTS

Sec.
2089.01.  Sites and structures that commemorate former Presidents.
Sec. 2089.01. Sites and structures that commemorate former Presidents
  (a) Survey.--The Secretary may conduct a survey of sites that the 
Secretary considers exhibit qualities most appropriate for the 
commemoration of each former President. The survey may--
          (1) include sites associated with the deeds, leadership, or 
        lifework of a former President; and
          (2) identify sites or structures historically unrelated to a 
        former President but that may be suitable as a memorial to 
        honor that President.
  (b) Reports.--The Secretary shall, from time to time, prepare and 
transmit to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate reports on individual sites and structures identified in a 
survey under subsection (a), together with the Secretary's 
recommendation as to whether the site or structure is suitable for 
establishment as a national historic site or national memorial to 
commemorate a former President. Each report shall include pertinent 
information with respect to the need for acquisition of land and 
interests in land, the development of facilities, and the operation and 
maintenance of the site or structure and the estimated cost of the 
operation and maintenance.
  (c) Establishment as National Historic Site.--If during the 6-month 
period following the transmittal of a report pursuant to subsection (b) 
neither Committee has by vote of a majority of its members disapproved 
a recommendation of the Secretary that a site or structure is suitable 
for establishment as a national historic site, the Secretary may by 
appropriate order establish the site or structure as a national 
historic site, including the land and interests in land identified in 
the report accompanying the recommendation of the Secretary.
  (d) Acquistion of Land and Interests in Land.--The Secretary may 
acquire the land and interests in land by donation, purchase with 
donated or appropriated funds, transfer from any other Federal agency, 
or exchange.
  (e) Effect of Section.--Nothing in this section shall be construed as 
diminishing the authority of the Secretary under chapter 201 of this 
title or as authorizing the Secretary to establish any national 
memorial, creation of which is expressly reserved to Congress.

                    DIVISION D--AMERICAN ANTIQUITIES

    CHAPTER 2201--MONUMENTS, RUINS, SITES, AND OBJECTS OF ANTIQUITY

Sec.
2201.01.  National monuments.
2201.02.  Permits.
2201.03.  Regulations.
2201.04.  Criminal penalty.
Sec. 2201.01. National monuments
  (a) Presidential Declaration.--The President may declare by public 
proclamation historic landmarks, historic and prehistoric structures, 
and other objects of historic or scientific interest that are situated 
on land owned or controlled by the Federal Government to be national 
monuments.
  (b) Reservation of Land.--The President may reserve a parcel of land 
as a part of a national monument. The limits of the parcel shall be 
confined to the smallest area compatible with the proper care and 
management of the objects to be protected.
  (c) Relinquishment to Federal Government.--When an object is situated 
on a parcel covered by a bona fide unperfected claim or held in private 
ownership, the parcel, or so much of the parcel as may be necessary for 
the proper care and management of the object, may be relinquished to 
the Federal Government and the Secretary may accept the relinquishment 
of the parcel on behalf of the Federal Government.
  (d) Limitation on Extension or Establishment of National Monuments in 
Wyoming.--No extension or establishment of national monuments in 
Wyoming may be undertaken except by express authorization of Congress.
Sec. 2201.02. Permits
  (a) Authority To Grant Permit.--The Secretary, the Secretary of 
Agriculture, or the Secretary of the Army may grant a permit for the 
examination of ruins, the excavation of archaeological sites, and the 
gathering of objects of antiquity on land under their respective 
jurisdictions to an institution that the Secretary, Secretary of 
Agriculture, or Secretary of the Army, as applicable, considers 
properly qualified to conduct the examination, excavation, or 
gathering. The permit may be granted subject to such regulations as the 
Secretary, Secretary of Agriculture, or Secretary of the Army may 
prescribe.
  (b) Purpose of Examination, Excavation, or Gathering.--A permit may 
be granted only if--
          (1) the examination, excavation, or gathering is undertaken 
        for the benefit of a reputable museum, university, college, or 
        other recognized scientific or educational institution, with a 
        view to increasing the knowledge of the objects; and
          (2) the gathering shall be made for permanent preservation in 
        a public museum.
Sec. 2201.03. Regulations
  The Secretary, the Secretary of Agriculture, and the Secretary of the 
Army shall make and publish uniform regulations for the purpose of 
carrying out this chapter.
Sec. 2201.04. Criminal penalty
  Any person that appropriates, excavates, injures, or destroys any 
historic or prehistoric ruin or monument or any other object of 
antiquity under chapter 2201 of this title that is situated on land 
owned or controlled by the Federal Government without the permission of 
the Secretary having jurisdiction over the land on which the object is 
situated, shall be fined under title 18, imprisoned not more than 90 
days, or both.

SEC. 4. CONFORMING AMENDMENTS.

  (a)  Title 28.--
          (1) In General.--Part VI of title 28, United States Code, is 
        amended by adding at the end the following:

                      ``CHAPTER 190--MISCELLANEOUS

``Sec.
``5001.  Civil action for death or personal injury in national park or 
          other place subject to exclusive jurisdiction of United 
          States.
``Sec. 5001. Civil action for death or personal injury in national park 
                    or other place subject to exclusive jurisdiction of 
                    United States
  ``(a) Death.--In the case of the death of an individual by the 
neglect or wrongful act of another in a national park or other place 
subject to the exclusive jurisdiction of the United States, within the 
exterior boundaries of any State, a right of action shall exist as 
though the national park or other place were under the jurisdiction of 
the State within whose exterior boundaries the national park or other 
place may be.
  ``(b) Personal Injury.--In a civil action brought to recover on 
account of injuries sustained in a place described in subsection (a), 
the rights of the parties shall be governed by the laws of the State 
within the exterior boundaries of which the place may be.''.
          (2) Analysis.--The analysis of chapters for part VI of title 
        28, United States Code, is amended by adding at the end the 
        following:

Miscellaneous....................................................5001''.
  (b) Act of May 26, 2000.--Section 1 of Public Law 106-206 (114 Stat. 
314) is amended to read as follows:
``section 1. commercial filming.
  ``(a) Commercial Filming Fee.--The Secretary of Agriculture 
(hereafter referred to as the `Secretary') shall require a permit and 
shall establish a reasonable fee for commercial filming activities or 
similar projects on Federal land administered by the Secretary. Such 
fee shall provide a fair return to the United States and shall be based 
upon the following criteria:
          ``(1) The number of days the filming activity or similar 
        project takes place on Federal land under the Secretary's 
        jurisdiction.
          ``(2) The size of the film crew present on Federal land under 
        the Secretary's jurisdiction.
          ``(3) The amount and type of equipment present.
``The Secretary may include other factors in determining an appropriate 
fee as the Secretary deems necessary.
  ``(b) Recovery of Costs.--The Secretary shall also collect any costs 
incurred as a result of filming activities or similar project, 
including but not limited to administrative and personnel costs. All 
costs recovered shall be in addition to the fee assessed in subsection 
(a) of this section.
  ``(c) Still Photography.--(1) Except as provided in paragraph (2), 
the Secretary shall not require a permit nor assess a fee for still 
photography on land administered by the Secretary if such photography 
takes place where members of the public are generally allowed. The 
Secretary may require a permit, fee, or both, if such photography takes 
place at other locations where members of the public are generally not 
allowed, or where additional administrative costs are likely.
  ``(2) The Secretary shall require and shall establish a reasonable 
fee for still photography that uses models or props which are not a 
part of the site's natural or cultural resources or administrative 
facilities.
  ``(d) Protection of Resources.--The Secretary shall not permit any 
filming, still photography or other related activity if the Secretary 
determines--
          ``(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) that the activity poses health or safety risks to the 
        public.
  ``(e) Use of Proceeds.--(1) All fees collected under this section 
shall be available for expenditure by the Secretary, without further 
appropriation. All fees collected shall remain available until 
expended.
  ``(2) All costs recovered under this section shall be available for 
expenditure by the Secretary, without further appropriation, at the 
site where collected. All costs recovered shall remain available until 
expended.
  ``(f) Processing of Permit Applications.--The Secretary shall 
establish a process to ensure that permit applicants for commercial 
filming, still photography, or other activity are responded to in a 
timely manner.''.
  (c) Credit Card Accountability Responsibility and Disclosure Act of 
2009.--Section 512 of the Credit Card Accountability Responsibility and 
Disclosure Act of 2009 (Public Law 111-24, 123 Stat. 1764) is amended 
to read as follows:

          ``SEC. 512. PROTECTING AMERICANS FROM VIOLENT CRIME.

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

SEC. 5. CONFORMING CROSS-REFERENCES.

  (a) Title 10.--Section 2684(c)(1) of title 10, United States Code, is 
amended by striking ``section 101(a) of the National Historic 
Preservation Act (16 U.S.C. 470a(a))'' and substituting ``section 
2023.01 of title 54''.
  (b) Title 23.--Title 23, United States Code, is amended--
          (1) in section 103(c)(5)--
                  (A) in subparagraph (B), by striking ``section 106 of 
                the National Historic Preservation Act (16 U.S.C. 
                470f)'' and substituting ``section 2053.02 of title 
                54''; and
                  (B) in subparagraph (C), by striking ``section 106 of 
                the National Historic Preservation Act (16 U.S.C. 
                470f)'' and substituting ``section 2053.02 of title 
                54'';
          (2) in section 133(e)(5)(B)--
                  (A) by striking ``title II of the National Historic 
                Preservation Act (16 U.S.C. 470i et seq.)'' and 
                substituting ``section 2041.01 of title 54''; and
                  (B) by striking ``section 106 of such Act (16 U.S.C. 
                470f)'' and substituting ``section 2053.02 of title 
                54''; and
          (3) in section 138(b)(2)(A), by striking ``section 106 of the 
        National Historic Preservation Act (16 U.S.C. 470f)'' and 
        substituting ``section 2053.02 of title 54''.
  (c) Title 36.--Section 153513(a)(1) of title 36, United States Code, 
is amended by striking ``the Act of August 25, 1916 (16 U.S.C. 1 et 
seq.) (known as the National Park Service Organic Act)'' and 
substituting ``chapter 1003 and sections 1009.01(a), 1009.06, 1021.01, 
and 1021.02 of title 54''.
  (d) Title 40.--Title 40, United States Code, is amended--
          (1) in section 550(h)(1)(B), by striking ``section 3 of the 
        Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic 
        Sites, Buildings, and Antiquities Act)'' and substituting 
        ``section 1039.02 of title 54'';
          (2) in section 1303(c), by striking ``the Act of August 21, 
        1935 (16 U.S.C. 461 et seq.) (known as the Historic Sites, 
        Buildings, and Antiquities Act)'' and substituting ``chapter 
        2001 of title 54'';
          (3) in section 1314(a)(2)(A)(ii), by striking ``the Act of 
        August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National 
        Park Service Organic Act)'' and substituting ``chapter 1003 and 
        sections 1009.01(a), 1009.06, 1021.01, and 1021.02 of title 
        54'';
          (4) in section 3303(c), by striking ``title II of the 
        National Historic Preservation Act (16 U.S.C. 470i et seq.)'' 
        and substituting ``section 2041.01 of title 54''; and
          (5) in section 3306(a)(4), by striking ``section 101 of the 
        National Historic Preservation Act (16 U.S.C. 470a)'' and 
        substituting ``chapter 2023 of title 54''.

SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS.

  (a) Definitions.--In this section:
          (1) Source provision.--The term ``source provision'' means a 
        provision of law that is replaced by a title 54 provision.
          (2) Title 54 provision.--The term ``title 54 provision'' 
        means a provision of title 54, United States Code, that is 
        enacted by section 3.
  (b) Cutoff Date.--The title 54 provisions replace certain provisions 
of law enacted on or before January 5, 2011. If a law enacted after 
that date amends or repeals a source provision, that law is deemed to 
amend or repeal, as the case may be, the corresponding title 54 
provision. If a law enacted after that date is otherwise inconsistent 
with a title 54 provision or a provision of this Act, that law 
supersedes the title 54 provision or provision of this Act to the 
extent of the inconsistency.
  (c) Original Date of Enactment Unchanged.--For purposes of 
determining whether one provision of law supersedes another based on 
enactment later in time, a title 54 provision is deemed to have been 
enacted on the date of enactment of the source provision that the title 
54 provision replaces.
  (d) References to Title 54 Provisions.--A reference to a title 54 
provision is deemed to refer to the corresponding source provision.
  (e) References to Source Provisions.--A reference to a source 
provision, including a reference in a regulation, order, or other law, 
is deemed to refer to the corresponding title 54 provision.
  (f) Regulations, Orders, and Other Administrative Actions.--A 
regulation, order, or other administrative action in effect under a 
source provision continues in effect under the corresponding title 54 
provision.
  (g) Actions Taken and Offenses Committed.--An action taken or an 
offense committed under a source provision is deemed to have been taken 
or committed under the corresponding title 54 provision.

SEC. 7. REPEALS.

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

                                            Schedule of Laws Repealed
----------------------------------------------------------------------------------------------------------------
                                                                                     United States Code Former
                        Act                                    Section                     Classification
----------------------------------------------------------------------------------------------------------------
 
Act of June 8, 1906 (ch. 3060)....................                             1                  16 U.S.C. 433
                                                                               2                  16 U.S.C. 431
                                                                               3                  16 U.S.C. 432
                                                                               4                  16 U.S.C. 432
 
 
Act of August 25, 1916 (ch. 408)..................                             1                    16 U.S.C. 1
                                                                               2                    16 U.S.C. 2
                                                                               3                    16 U.S.C. 3
                                                                               4                    16 U.S.C. 4
 
 
Act of June 12, 1917 (ch. 27).....................          1 (13th undesignated                  16 U.S.C. 453
                                                         paragraph under heading
                                                             ``national parks'')
                                                            1 (21st undesignated                  16 U.S.C. 452
                                                         paragraph under heading
                                                             ``national parks'')
 
 
Act of June 5, 1920 (ch. 235).....................  1 (2d undesignated paragraph                    16 U.S.C. 6
                                                        under heading ``national
                                                                        parks'')
 
 
Act of May 24, 1922 (ch. 199).....................          (1st sentence in 9th                  16 U.S.C. 452
                                                    undesignated paragraph under
                                                               heading ``NATIONAL PARKS'')
 
 
Act of April 9, 1924 (ch. 86).....................                             1                    16 U.S.C. 8
                                                                               4                   16 U.S.C. 8a
                                                                               5                   16 U.S.C. 8b
                                                                               6                   16 U.S.C. 8c
 
 
Act of May 10, 1926 (ch. 277).....................          1 (28th undesignated                  16 U.S.C. 456
                                                         paragraph under heading
                                                                       ``NATIONAL PARKS'')
                                                            1 (last undesignated                   16 U.S.C. 11
                                                         paragraph under heading
                                                                       ``NATIONAL PARKS'')
 
 
Act of June 11, 1926 (ch. 555)....................                             1                  16 U.S.C. 455
                                                                               2                 16 U.S.C. 455a
                                                                               3                 16 U.S.C. 455b
                                                                               4                 16 U.S.C. 455c
 
 
Act of July 3, 1926 (ch. 792).....................                             1                   16 U.S.C. 12
                                                                               2                   16 U.S.C. 13
 
 
Act of February 1, 1928 (ch. 15)..................  .............................                 16 U.S.C. 457
 
 
Act of March 7, 1928 (ch. 137)....................          1 (28th undesignated                   16 U.S.C. 15
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 
 
Act of March 8, 1928 (ch. 152)....................  .............................                 16 U.S.C. 458
 
 
Act of April 18, 1930 (ch. 187)...................  .............................                  16 U.S.C. 16
 
 
Act of May 26, 1930 (ch. 324).....................                             1                   16 U.S.C. 17
                                                                               3                  16 U.S.C. 17b
                                                                               4                  16 U.S.C. 17c
                                                                               5                  16 U.S.C. 17d
                                                                               6                  16 U.S.C. 17e
                                                                               7                  16 U.S.C. 17f
                                                                               8                  16 U.S.C. 17g
                                                                               9                  16 U.S.C. 17h
                                                                              10                  16 U.S.C. 17i
                                                                              11                  16 U.S.C. 17j
 
 
Act of March 4, 1931 (ch. 522)....................      title I (proviso in last                   16 U.S.C. 9a
                                                    undesignated paragraph under
                                                         heading ``national park
                                                                      service'')
 
 
Act of March 2, 1933 (ch. 180)....................                             1                   16 U.S.C. 9a
 
 
Act of May 9, 1935 (ch. 101)......................          1 (34th undesignated            16 U.S.C. 14b, 456a
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 
 
Act of August 21, 1935 (ch. 593)..................                             1                  16 U.S.C. 461
                                                                               2                  16 U.S.C. 462
                                                                               3                  16 U.S.C. 463
                                                                               4                  16 U.S.C. 464
                                                                               5                  16 U.S.C. 465
                                                                               6                  16 U.S.C. 466
                                                                               7                  16 U.S.C. 467
 
 
Act of June 23, 1936 (ch. 735)....................                             1                  16 U.S.C. 17k
                                                                               2                  16 U.S.C. 17l
                                                                               3                  16 U.S.C. 17m
                                                                               4                  16 U.S.C. 17n
 
 
Act of May 10, 1939 (ch. 119).....................          1 (41st undesignated                  16 U.S.C. 14a
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 
 
Act of June 18, 1940 (ch. 395)....................  1 (proviso in 3d undesignated               16 U.S.C. 17j-1
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 
 
Act of July 19, 1940 (ch. 642)....................                             1                   16 U.S.C. 18
                                                                               2                  16 U.S.C. 18a
                                                                               3                  16 U.S.C. 18b
                                                                               4                  16 U.S.C. 18c
                                                                               5                  16 U.S.C. 18d
 
 
Act of August 27, 1940 (ch. 690)..................                             1                 16 U.S.C. 458a
 
 
Act of June 28, 1941 (ch. 259)....................          1 (41st undesignated                  16 U.S.C. 14c
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 
 
Act of August 7, 1946 (ch. 788)...................  .............................               16 U.S.C. 17j-2
 
 
Act of June 3, 1948 (ch. 401).....................                             1                   16 U.S.C. 8e
                                                                               2                   16 U.S.C. 8f
 
 
Act of October 26, 1949 (ch. 755).................                             1                  16 U.S.C. 468
                                                                               2                 16 U.S.C. 468a
                                                                               3                 16 U.S.C. 468b
                                                                               4                 16 U.S.C. 468c
                                                                               5                 16 U.S.C. 468d
 
 
Act of March 18, 1950 (ch. 72)....................                             1                   16 U.S.C. 7a
                                                                               2                   16 U.S.C. 7b
                                                                               3                   16 U.S.C. 7c
                                                                               4                   16 U.S.C. 7d
                                                                               5                   16 U.S.C. 7e
 
 
Act of September 14, 1950 (ch. 950)...............      1 (last sentence proviso                 16 U.S.C. 431a
                                                            relating to national
                                                                      monuments)
                                                        1 (last sentence proviso                 16 U.S.C. 451a
                                                     relating to national parks)
 
 
Act of August 8, 1953 (ch. 384)...................                             1                   16 U.S.C. 1b
                                                                               2                   16 U.S.C. 1c
                                                                               3                   16 U.S.C. 1d
 
 
Act of August 31, 1954 (ch. 1163).................  .............................                16 U.S.C. 452a
 
 
Act of July 1, 1955 (ch. 259).....................                             1                  16 U.S.C. 18f
                                                                               2                16 U.S.C. 18f-2
                                                                               3                16 U.S.C. 18f-3
 
 
Act of June 27, 1960 (Pub. L. 86-523).............                             1                  16 U.S.C. 469
                                                                               2                 16 U.S.C. 469a
                                                                               3               16 U.S.C. 469a-1
                                                                               4               16 U.S.C. 469a-2
                                                                               5               16 U.S.C. 469a-3
                                                                               6                 16 U.S.C. 469b
                                                                               7                 16 U.S.C. 469c
                                                                               8               16 U.S.C. 469c-1
 
 
Act of August 24, 1962 (Pub. L. 87-608)...........  .............................                  16 U.S.C. 3b
 
 
Act of May 28, 1963 (Pub. L. 88-29)...............                             1                 16 U.S.C. 460l
                                                                               2               16 U.S.C. 460l-1
                                                                               3               16 U.S.C. 460l-2
                                                                               4               16 U.S.C. 460l-3
 
 
Land and Water Conservation Fund Act of 1965 (Pub.            title I, Sec. 1(b)               16 U.S.C. 460l-4
 L. 88-578).......................................
                                                                 title I, Sec. 2               16 U.S.C. 460l-5
                                                                 title I, Sec. 3               16 U.S.C. 460l-6
                                                        title I, Sec. 4(i)(1)(C)     16 U.S.C. 460l-6a(i)(1)(C)
                                                          title I, Sec. 4(j)-(n)       16 U.S.C. 460l-6a(j)-(n)
                                                                 title I, Sec. 5               16 U.S.C. 460l-7
                                                                 title I, Sec. 6               16 U.S.C. 460l-8
                                                                 title I, Sec. 7               16 U.S.C. 460l-9
                                                                 title I, Sec. 8              16 U.S.C. 460l-10
                                                                 title I, Sec. 9             16 U.S.C. 460l-10a
                                                                title I, Sec. 10             16 U.S.C. 460l-10b
                                                                title I, Sec. 11             16 U.S.C. 460l-10c
                                                                title I, Sec. 12             16 U.S.C. 460l-10d
                                                                title I, Sec. 13             16 U.S.C. 460l-10e
                                                              title II, Sec. 201              16 U.S.C. 460l-11
 
 
National Historic Preservation Act (Pub. L. 89-                                1                  16 U.S.C. 470
 665).............................................
                                                                               2                16 U.S.C. 470-1
                                                                             101                 16 U.S.C. 470a
                                                                             102                 16 U.S.C. 470b
                                                                             103                 16 U.S.C. 470c
                                                                             104                 16 U.S.C. 470d
                                                                             105                 16 U.S.C. 470e
                                                                             106                 16 U.S.C. 470f
                                                                             107                 16 U.S.C. 470g
                                                                             108                 16 U.S.C. 470h
                                                                             109               16 U.S.C. 470h-1
                                                                             110               16 U.S.C. 470h-2
                                                                             111               16 U.S.C. 470h-3
                                                                             112               16 U.S.C. 470h-4
                                                                             113               16 U.S.C. 470h-5
                                                                             201                 16 U.S.C. 470i
                                                                             202                 16 U.S.C. 470j
                                                                             203                 16 U.S.C. 470k
                                                                             204                 16 U.S.C. 470l
                                                                             205                 16 U.S.C. 470m
                                                                             206                 16 U.S.C. 470n
                                                                             207                 16 U.S.C. 470o
                                                                             208                 16 U.S.C. 470p
                                                                             209                 16 U.S.C. 470q
                                                                             210                 16 U.S.C. 470r
                                                                             211                 16 U.S.C. 470s
                                                                             212                 16 U.S.C. 470t
                                                                             213                 16 U.S.C. 470u
                                                                             214                 16 U.S.C. 470v
                                                                             215               16 U.S.C. 470v-1
                                                                             216               16 U.S.C. 470v-2
                                                                             301                 16 U.S.C. 470w
                                                                             302               16 U.S.C. 470w-1
                                                                             303               16 U.S.C. 470w-2
                                                                             304               16 U.S.C. 470w-3
                                                                             305               16 U.S.C. 470w-4
                                                                             306               16 U.S.C. 470w-5
                                                                             307               16 U.S.C. 470w-6
                                                                             308               16 U.S.C. 470w-7
                                                                             309               16 U.S.C. 470w-8
                                                                             401                 16 U.S.C. 470x
                                                                             402               16 U.S.C. 470x-1
                                                                             403               16 U.S.C. 470x-2
                                                                             404               16 U.S.C. 470x-3
                                                                             405               16 U.S.C. 470x-4
                                                                             406               16 U.S.C. 470x-5
                                                                             407               16 U.S.C. 470x-6
 
 
Demonstration Cities and Metropolitan Development                            603               16 U.S.C. 470b-1
 Act of 1966 (Pub. L. 89-754).....................
 
 
Act of December 18, 1967 (Pub. L. 90-209).........                             1                  16 U.S.C. 19e
                                                                               2                  16 U.S.C. 19f
                                                                               3                  16 U.S.C. 19g
                                                                               4                  16 U.S.C. 19h
                                                                               5                  16 U.S.C. 19i
                                                                               6                  16 U.S.C. 19j
                                                                               7                  16 U.S.C. 19k
                                                                               8                  16 U.S.C. 19l
                                                                               9                  16 U.S.C. 19m
                                                                              10                  16 U.S.C. 19n
                                                                              11                  16 U.S.C. 19o
 
 
Act of July 15, 1968 (Pub. L. 90-401).............                             5              16 U.S.C. 460l-22
 
 
Volunteers in the Parks Act of 1969 (Pub. L. 91-                               1                  16 U.S.C. 18g
 357).............................................
                                                                               2                  16 U.S.C. 18h
                                                                               3                  16 U.S.C. 18i
                                                                               4                  16 U.S.C. 18j
 
 
Act of August 18, 1970 (Pub. L. 91-383)...........                             1                 16 U.S.C. 1a-1
                                                                               3                 16 U.S.C. 1a-2
                                                                               6                 16 U.S.C. 1a-3
                                                                               7                 16 U.S.C. 1a-4
                                                                               8                 16 U.S.C. 1a-5
                                                                              10                 16 U.S.C. 1a-6
                                                                              12                 16 U.S.C. 1a-7
                                                                              13                16 U.S.C. 1a-7a
 
 
Act of September 28, 1976 (Pub. L. 94-429)........                             1                 16 U.S.C. 1901
                                                                               2                 16 U.S.C. 1902
                                                                               4                 16 U.S.C. 1903
                                                                               5                 16 U.S.C. 1904
                                                                               6                 16 U.S.C. 1905
                                                                               7                 16 U.S.C. 1906
                                                                               8                 16 U.S.C. 1907
                                                                               9                 16 U.S.C. 1908
                                                                              10                 16 U.S.C. 1909
                                                                              11                 16 U.S.C. 1910
                                                                              12                 16 U.S.C. 1911
                                                                              13                 16 U.S.C. 1912
 
 
Act of August 15, 1978 (Pub. L. 95-344)...........           title III, Sec. 301                 16 U.S.C. 2301
                                                             title III, Sec. 302                 16 U.S.C. 2302
                                                             title III, Sec. 303                 16 U.S.C. 2303
                                                             title III, Sec. 304                 16 U.S.C. 2304
                                                             title III, Sec. 305                 16 U.S.C. 2305
                                                             title III, Sec. 306                 16 U.S.C. 2306
 
 
Act of March 5, 1980 (Pub. L. 96-199).............             title I, Sec. 120                 16 U.S.C. 467b
 
 
National Historic Preservation Act Amendments of                             208               16 U.S.C. 469c-2
 1980 (Pub. L. 96-515)............................
                                                                             401               16 U.S.C. 470a-1
                                                                             402               16 U.S.C. 470a-2
 
 
Act of October 12, 1984 (Pub. L. 98-473)..........   title I, Sec. 101(c) [title                   16 U.S.C. 1e
                                                                    I, Sec. 100]
 
 
Act of October 24, 1984 (Pub. L. 98-540)..........                          4(a)              16 U.S.C. 1a-8(a)
 
 
International Security and Development Cooperation                          1303                 16 U.S.C. 469j
 Act of 1985 (Pub. L. 99-83)......................
 
 
Act of July 27, 1990 (Pub. L. 101-337)............                             1                           19jj
                                                                               2                         19jj-1
                                                                               3                         19jj-2
                                                                               4                         19jj-3
                                                                               5                         19jj-4
 
 
Department of the Interior and Related Agencies                              116                16 U.S.C. 18f-1
 Appropriations Act, 1991 (Pub. L. 101-512).......
 
 
Act of November 28, 1990 (Pub. L. 101-628)........          title XII, Sec. 1213                 16 U.S.C. 1a-9
                                                            title XII, Sec. 1214                16 U.S.C. 1a-10
                                                            title XII, Sec. 1215                16 U.S.C. 1a-11
                                                            title XII, Sec. 1216                16 U.S.C. 1a-12
                                                            title XII, Sec. 1217                16 U.S.C. 1a-13
 
 
Department of the Interior and Related Agencies          title I (1st proviso in                  16 U.S.C. 14d
 Appropriations Act, 1993 (Pub. L. 102-381).......       paragraph under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                      Service'')
 
 
Act of October 26, 1992 (Pub. L. 102-525).........           title III, Sec. 301                16 U.S.C. 1a-14
 
 
Agricultural Reconciliation Act of 1993 (Pub. L.              title I, Sec. 1401              16 U.S.C. 460l-6c
 103-66)..........................................
 
 
Department of the Interior and Related Agencies           title I (3d proviso in                   16 U.S.C. 3a
 Appropriations Act, 1994 (Pub. L. 103-138).......       paragraph under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                      Service'')
 
 
National Maritime Heritage Act of 1994 (Pub. L.                                3                 16 U.S.C. 5402
 103-451).........................................
                                                                               4                 16 U.S.C. 5403
                                                                               5                 16 U.S.C. 5404
                                                                               6                 16 U.S.C. 5405
                                                                               7                 16 U.S.C. 5406
                                                                               8                 16 U.S.C. 5407
                                                                               9                 16 U.S.C. 5408
 
 
Omnibus Consolidated Appropriations Act, 1997       div. A, title I, Sec. 101(d)                   16 U.S.C. 1g
 (Pub. L. 104-208)................................     [title I (3d undesignated
                                                         paragraph under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                     Service'')]
 
 
Omnibus Parks and Public Lands Management Act of      div. I, title VI, Sec. 604                 16 U.S.C. 469k
 1996 (Pub. L. 104-333)...........................
                                                        div. I, title VIII, Sec.                  16 U.S.C. 17o
                                                                          814(a)
                                                        div. I, title VIII, Sec.                   16 U.S.C. 1f
                                                                          814(g)
 
 
National Underground Railroad Network to Freedom                               2                 16 U.S.C. 469l
 Act of 1998 (Pub. L. 105-203)....................
                                                                               3               16 U.S.C. 469l-1
                                                                               4               16 U.S.C. 469l-2
 
 
Strom Thurmond National Defense Authorization Act     div. A, title X, Sec. 1068                 16 U.S.C. 5409
 for Fiscal Year 1999 (Pub. L. 105-261)...........
 
 
National Parks Omnibus Management Act of 1998                                  2                 16 U.S.C. 5901
 (Pub. L. 105-391)................................
                                                                             101                 16 U.S.C. 5911
                                                                             102                 16 U.S.C. 5912
                                                                             103                 16 U.S.C. 5913
                                                                             104                 16 U.S.C. 5914
                                                                             201                 16 U.S.C. 5931
                                                                             202                 16 U.S.C. 5932
                                                                             203                 16 U.S.C. 5933
                                                                             204                 16 U.S.C. 5934
                                                                             205                 16 U.S.C. 5935
                                                                             206                 16 U.S.C. 5936
                                                                             207                 16 U.S.C. 5937
                                                                             402                 16 U.S.C. 5951
                                                                             403                 16 U.S.C. 5952
                                                                             404                 16 U.S.C. 5953
                                                                             405                 16 U.S.C. 5954
                                                                             406                 16 U.S.C. 5955
                                                                             407                 16 U.S.C. 5956
                                                                             408                 16 U.S.C. 5957
                                                                             409                 16 U.S.C. 5958
                                                                             410                 16 U.S.C. 5959
                                                                             411                 16 U.S.C. 5960
                                                                             412                 16 U.S.C. 5961
                                                                             413                 16 U.S C. 5962
                                                                             414                 16 U.S.C. 5963
                                                                             416                 16 U.S.C. 5964
                                                                             417                 16 U.S.C. 5965
                                                                             418                 16 U.S.C. 5966
                                                                             501                 16 U.S.C. 5981
                                                                             801                 16 U.S.C. 6011
 
 
Act of May 26, 2000 (Pub. L. 106-206).............  1 (relating to the Secretary    16 U.S.C. 460l-6d (relating
                                                                of the Interior)        to the Secretary of the
                                                                                                      Interior)
 
 
Department of the Interior and Related Agencies         title I (paragraph under                  16 U.S.C. 14e
 Appropriations Act, 2002 (Pub. L. 107-63)........    heading ``contribution for
                                                        annuity benefits'' under
                                                         heading ``National Park
                                                                      Service'')
 
 
Civil War Battlefield Preservation Act of 2002                              2(b)            16 U.S.C. 469k note
 (Pub. L. 107-359)................................
 
 
Consolidated Appropriations Resolution, 2003 (Pub.  div. F, title I (words before                  16 U.S.C. 1h
 L. 108-7)........................................  proviso in last undesignated
                                                         paragraph under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                      Service'')
                                                     div. F, title I (proviso in                   16 U.S.C. 1i
                                                     last undesignated paragraph
                                                                   under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                      Service'')
 
 
Consolidated Natural Resources Act of 2008 (Pub.     title III, subtitle A, Sec.                   16 U.S.C. 1j
 L. 110-229)......................................                           301
                                                     title III, subtitle G, Sec.               16 U.S.C. 469l-1
                                                                          361(1)
                                                     title III, subtitle G, Sec.               16 U.S.C. 469l-2
                                                                          361(2)
                                                     title III, subtitle G, Sec.               16 U.S.C. 469l-3
                                                                          361(3)
 
 
Omnibus Public Land Management Act of 2009 (Pub.     title VII, subtitle B, Sec.              16 U.S.C. 469m(b)
 L. 111-11).......................................                       7111(b)
                                                     title VII, subtitle B, Sec.              16 U.S.C. 469m(c)
                                                                         7111(c)
                                                     title VII, subtitle D, Sec.               16 U.S.C. 469k-1
                                                                            7301
                                                     title VII, subtitle D, Sec.                 16 U.S.C. 469n
                                                                            7302
                                                     title VII, subtitle D, Sec.                 16 U.S.C. 469o
                                                                            7303
                                                     title VII, subtitle E, Sec.                 16 U.S.C. 5958
                                                                            7403
Credit Card Accountability Responsibility and        title V, Sec. 512 (relating   16 U.S.C. 1a-7b (relating to
 Disclosure Act of 2009 (Pub. L. 111-24)..........      to National Park System)          National Park System)
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