§ 2302. — Transportation service and facility programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2302]
TITLE 16--CONSERVATION
CHAPTER 43--PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK SYSTEM
AREAS
Sec. 2302. Transportation service and facility programs
(a) Formulation and implementation of plans and projects developed
pursuant to plans
The Secretary of the Interior (hereinafter referred to as
``Secretary'') is authorized to formulate transportation plans and
implement transportation projects where feasible pursuant to those plans
for units of the national park system.
(b) Contracts, acquisitions, etc., for improvement of access to park
system units
To carry out the purposes of subsection (a) of this section, the
Secretary is authorized to--
(1) contract with public or private agencies or carriers to
provide transportation services, capital equipment, or facilities to
improve access to units of the national park system;
(2) operate such services directly in the absence of suitable
and adequate agencies or carriers;
(3) acquire by purchase, lease, or agreement, capital equipment
for such services; and
(4) where necessary to carry out the purposes of this chapter,
acquire by lease, purchase, donation, exchange, or transfer, lands,
waters, and interests therein which are situated outside the
boundary of a unit of the national park system, which property shall
be administered as part of the unit: Provided, That any land or
interests in land owned by a State or any of its political
subdivisions may be acquired only by donation: Provided further,
That any land acquisition shall be subject to such statutory
limitations, if any, on methods of acquisition and appropriations
thereof as may be specifically applicable to such area.
(c) Repealed. Pub. L. 104-333, div. I, title VIII, Sec. 814(d)(1)(A),
Nov. 12, 1996, 110 Stat. 4195
(d) Appropriation of fees collected and covered into Planning,
Development, and Operation of Recreational Facilities
appropriation account
All fees directly collected by the National Park Service in the
operation of the facilities and services authorized by this chapter
shall be covered into the Planning, Development, and Operation of
Recreation Facilities appropriation account to be subject to
appropriation.
(e) Establishment of information programs
The Secretary shall establish information programs to inform the
public of available park access opportunities and to promote the use of
transportation modes other than personal motor vehicles for access to
and travel within the units of the national park system.
(f) Undertaking of concession facilities or services
Transportation facilities and services provided pursuant to this
chapter shall not be considered as concession facilities or services
within the meaning of the Act of October 9, 1965 (79 Stat. 969) \1\ and
may be undertaken by the Secretary directly or by contract without
regard to any requirement of local, State, or Federal law respecting
determinations of public convenience and necessity or other similar
matters: Provided, That the Secretary or his contractor shall consult
with the appropriate State or local public service commission or other
such body having authority to issue certificates of convenience and
necessity, and any such contractor shall be subject to applicable
requirements of such body unless the Secretary determines that such
requirements would not be consistent with the purposes and provisions of
this chapter.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(g) Construction of grant of authority respecting operation of motor
vehicles excepted from statutory coverage
No grant of authority in this chapter shall be deemed to expand the
exemption of section 10526(a)(9) \1\ of title 49.
(Pub. L. 95-344, title III, Sec. 302, Aug. 15, 1978, 92 Stat. 478; Pub.
L. 103-437, Sec. 6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104-
333, div. I, title VIII, Sec. 814(d)(1)(A), Nov. 12, 1996, 110 Stat.
4195.)
References in Text
Act of October 9, 1965, referred to in subsec. (f), is Pub. L. 89-
249, Oct. 9, 1965, 79 Stat. 969, known as the National Park System
Concessions Policy Act, which was classified generally to subchapter IV
(Sec. 20 et seq.) of chapter 1 of this title prior to repeal by Pub. L.
105-391, title IV, Sec. 415(a), Nov. 13, 1998, 112 Stat. 3515.
Section 10526(a)(9) of title 49, referred to in subsec. (g), was
omitted in the general amendment of subtitle IV of Title 49,
Transportation, by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995,
109 Stat. 804. Previously, ``section 10526(a)(9) of title 49'' was
substituted for ``section 203(b)(4) of the Interstate Commerce Act (49
U.S.C. 303(b)(4)'' on authority of Pub. L. 95-473, Sec. 3(b), Oct. 17,
1978, 92 Stat. 1466, the first section of which enacted subtitle IV
(Sec. 10101 et seq.) of Title 49.
Amendments
1996--Subsec. (c). Pub. L. 104-333 struck out subsec. (c) which read
as follows: ``Acquisitions pursuant to subsection (b)(3) and (4) of this
section shall not commence prior to sixty days (not counting days on
which the Senate or the House of Representatives has adjourned for more
than three consecutive days) from the time the Secretary has submitted a
detailed proposal for such acquisitions to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives.''
1994--Subsec. (c). Pub. L. 103-437 substituted ``Natural Resources''
for ``Interior and Insular Affairs'' after ``Committee on''.
Section Referred to in Other Sections
This section is referred to in section 2304 of this title.
