§ 1a-2. — Secretary of the Interior's authorization of activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1a-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I--NATIONAL PARK SERVICE
Sec. 1a-2. Secretary of the Interior's authorization of
activities
In order to facilitate the administration of the national park
system, the Secretary of the Interior is authorized, under such terms
and conditions as he may deem advisable, to carry out the following
activities:
(a) Transportation
Provide transportation of employees located at isolated areas of
the national park system and to members of their families, where (1)
such areas are not adequately served by commercial transportation,
and (2) such transportation is incidental to official transportation
services.
(b) Recreation
Provide recreation facilities, equipment, and services for use
by employees and their families located at isolated areas of the
national park system.
(c) Advisory committees; compensation and travel expenses
Appoint and establish such advisory committees in regard to the
functions of the National Park Service as he may deem advisable,
members of which shall receive no compensation for their services as
such but who shall be allowed necessary travel expenses as
authorized by section 5703 of title 5.
(d) Park equipment purchases
Purchase field and special purpose equipment required by
employees for the performance of assigned functions which shall be
regarded and listed as park equipment.
(e) Services, resources, or water contracts
Enter into contracts which provide for the sale or lease to
persons, States, or their political subdivisions, of services,
resources, or water available within an area of the national park
system, as long as such activity does not jeopardize or unduly
interfere with the primary natural or historic resource of the area
involved, if such person, State, or its political subdivision--
(1) provides public accommodations or services within the
immediate vicinity of an area of the national park system to
persons visiting the area; and
(2) has demonstrated to the Secretary that there are no
reasonable alternatives by which to acquire or perform the
necessary services, resources, or water.
(f) Vehicular air-conditioning
Acquire, and have installed, air-conditioning units for any
Government-owned passenger motor vehicles used by the National Park
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.
(g) Exhibits and demonstrations; sale of products and
services; contracts and cooperative arrangements;
credits to appropriation
Sell at fair market value without regard to the requirements of
the Federal Property and Administrative Services Act of 1949, as
amended, products and services produced in the conduct of living
exhibits and interpretive demonstrations in areas of the national
park system, to enter into contracts including cooperative
arrangements with respect to such living exhibits and interpretive
demonstrations, and to credit the proceeds therefrom to the
appropriation bearing the cost of such exhibits and demonstrations.
Sixty percent of the fees paid by permittees for the privilege of
entering into Glacier Bay for the period beginning on the first full
fiscal year following November 12, 1996, shall be deposited into a
special account and that such funds shall be available--
(1) to the extent determined necessary, to acquire and
preposition necessary and adequate emergency response equipment
to prevent harm or the threat of harm to aquatic park resources
from permittees; and
(2) to conduct investigations to quantify any effect of
permittees' activity on wildlife and other natural resource
values of Glacier Bay National Park. The investigations provided
for in this subsection shall be designed to provide information
of value to the Secretary, in determining any appropriate
limitations on permittees' activity in Glacier Bay. 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.
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 subsection, that such
limitations or conditions are necessary to protect park values
and resources. Fees paid by certain permittees for the privilege
of entering into Glacier Bay shall not exceed $5 per passenger.
For the purposes of this subsection, ``certain permittee'' shall
mean a permittee which provides overnight accommodations for at
least 500 passengers for an itinerary of at least 3 nights, and
``permittee'' shall mean a concessionaire providing visitor
services within Glacier Bay. Nothing in this subsection
authorizes the Secretary to require additional categories of
permits in, or otherwise increase the number of permits to enter
Glacier Bay National Park.
(h) Regulations; promulgation and enforcement
Promulgate and enforce regulations concerning boating and other
activities on or relating to waters located within areas of the
National Park System, including waters subject to the jurisdiction
of the United States: Provided, That any regulations adopted
pursuant to this subsection shall be complementary to, and not in
derogation of, the authority of the United States Coast Guard to
regulate the use of waters subject to the jurisdiction of the United
States.
(i) United States Park Police and other National Park
Service employees; meals and lodging
Provide meals and lodging, as the Secretary deems appropriate,
for members of the United States Park Police and other employees of
the National Park Service, as he may designate, serving temporarily
on extended special duty in areas of the National Park System, and
for this purpose he is authorized to use funds appropriated for the
expenses of the Department of the Interior.
(j) Cooperative research and training programs
Enter into cooperative agreements with public or private
educational institutions, States, and their political subdivisions,
for the purpose of developing adequate, coordinated, cooperative
research and training programs concerning the resources of the
National Park System, and, pursuant to any such agreements, to
accept from and make available to the cooperator such technical and
support staff, financial assistance for mutually agreed upon
research projects, supplies and equipment, facilities, and
administrative services relating to cooperative research units as
the Secretary deems appropriate; except that this paragraph shall
not waive any requirements for research projects that are subject to
the Federal procurement regulations.
(k) Leases
(1) In general
Except as provided in paragraph (2) and subject to paragraph
(3), the Secretary may enter into a lease with any person or
governmental entity for the use of buildings and associated
property administered by the Secretary as part of the National
Park System.
(2) Prohibited activities
The Secretary may not use a lease under paragraph (1) to
authorize the lessee to engage in activities that are subject to
authorization by the Secretary through a concessions contract,
commercial use authorization, or similar instrument.
(3) Use
Buildings and associated property leased under paragraph
(1)--
(A) shall be used for an activity that is consistent
with the purposes established by law for the unit in which
the building is located;
(B) shall not result in degradation of the purposes and
values of the unit; and
(C) shall be compatible with National Park Service
programs.
(4) Rental amounts
(A) In general
With respect to a lease under paragraph (1)--
(i) payment of fair market value rental shall be
required; and
(ii) section 1302 of title 40 shall not apply.
(B) 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.
(C) Regulation
The Secretary shall promulgate regulations implementing
this subsection that includes provisions to encourage and
facilitate competition in the leasing process and provide
for timely and adequate public comment.
(5) Special account
(A) Deposits
Rental payments under a lease under paragraph (1) shall
be deposited in a special account in the Treasury of the
United States.
(B) Availability
Amounts in the special account shall be available until
expended, without further appropriation, for infrastructure
needs at units of the National Park System, including--
(i) facility refurbishment;
(ii) repair and replacement;
(iii) infrastructure projects associated with park
resource protection; and
(iv) direct maintenance of the leased buildings and
associated properties.
(C) Accountability and results
The Secretary shall develop procedures for the use of
the special account that ensure accountability and
demonstrated results consistent with this Act.
(l) Cooperative management agreements
(1) In general
Where a unit of the National Park System is located adjacent
to or near a State or local park area, and cooperative
management between the National Park Service and a State or
local government agency of a portion of either park will allow
for more effective and efficient management of the parks, the
Secretary 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. The Secretary may not
transfer administration responsibilities for any unit of the
National Park System 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
An assignment arranged by the Secretary under section 3372
of title 5 of a Federal, State, or local employee for work in
any Federal, State, or local land or an extension of such an
assignment may be for any period of time determined by the
Secretary and the State or local agency to be mutually
beneficial.
(Pub. L. 91-383, Sec. 3, Aug. 18, 1970, 84 Stat. 826; Pub. L. 94-458,
Sec. 1, Oct. 7, 1976, 90 Stat. 1939; Pub. L. 104-333, div. I, title VII,
Sec. 703, title VIII, Sec. 818, Nov. 12, 1996, 110 Stat. 4185, 4201;
Pub. L. 105-391, title VIII, Sec. 802(a), Nov. 13, 1998, 112 Stat. 3522;
Pub. L. 106-176, title I, Sec. 118, Mar. 10, 2000, 114 Stat. 28.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (g), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
This Act, referred to in subsec. (k)(5)(C), means Pub. L. 91-383,
Aug. 18, 1970, 84 Stat. 825, as amended, popularly known as the
``National Park System General Authorities Act''. As originally enacted,
Pub. L. 91-383 contained sections 1 to 4, the first 3 of which enacted
sections 1a-1 and 1a-2 and amended sections 1b and 1c of this title.
Pub. L. 94-458 amended Pub. L. 91-383 by adding sections 5 to 12, which
enacted sections 1a-3 to 1a-7, amended sections 17j, 460n-5, 463, 470a,
and 559, and repealed sections 10, 10a, 17b-1, and 415 of this title.
Pub. L. 103-322 amended Pub. L. 91-383 by adding section 13, which
enacted section 1a-7a of this title. For complete classification of this
Act to the Code, see Tables.
Codification
In subsec. (c), ``section 5703 of title 5'' substituted for
``section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 5703)''
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
``Section 1302 of title 40'' substituted in subsec. (k)(4)(A)(ii)
for ``section 321 of the Act of June 30, 1932 (47 Stat. 412, chapter
314; 40 U.S.C. 303b)'' on authority of Pub. L. 107-217, Sec. 5(c), Aug.
21, 2002, 116 Stat. 1303, the first section of which enacted Title 40,
Public Buildings, Property, and Works.
Amendments
2000--Subsecs. (a) to (f). Pub. L. 106-176, Sec. 118(2), (3),
capitalized the first letter of the first word and substituted a period
for the semicolon at end.
Subsec. (g). Pub. L. 106-176, Sec. 118(1), (2), in introductory
provisions, capitalized the first letter of the first word and
substituted a period for the semicolon after ``such exhibits and
demonstrations''.
Subsec. (h). Pub. L. 106-176, Sec. 118(2), (3), capitalized the
first letter of the first word and substituted a period for the
semicolon at end.
Subsec. (i). Pub. L. 106-176, Sec. 118(2), (4), capitalized the
first letter of the first word and substituted a period for ``; and'' at
end.
Subsec. (j). Pub. L. 106-176, Sec. 118(5), realigned margins.
1998--Subsecs. (k), (l). Pub. L. 105-391 added subsecs. (k) and (l).
1996--Subsec. (g). Pub. L. 104-333, Sec. 703, inserted provisions
relating to Glacier Bay and substituted ``interpretive demonstrations''
for ``interpretive demonstrations and park programs''.
Subsec. (j). Pub. L. 104-333, Sec. 818, added subsec. (j).
1976--Subsec. (e). Pub. L. 94-458, Sec. 1(1), inserted provision
requiring Secretary to consider impact on primary natural and historic
resources of an area before entering into contracts.
Subsecs. (h), (i). Pub. L. 94-458, Sec. 1(2), added subsecs. (h) and
(i).
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
