#aac ,,hr #ajfh ,,enr3 ,to enact title #ed1 ,united ,states ,code1 8,national ,park ,service and ,related ,programs01 as positive law4 ,house ,bill#ajfhaac ,,hr #ajfh ,,enr #aac;hr#ajfh;enr #aac ,h4,r4 #ajfh ,,enr ,united ,states ,house of ,representatives,united ,states ,government ,publishing ,officetext_/xml,e,n,pursuant to ,title #ag ,section #aje of the ,united ,states ,code1 this file is not subject to copyright protection and is in the public domain4,,enr ,,gpo ,locator to ,,uslm ,converter #c4aa4h2,stage#b4bjbbjabgbjbc-ja-jf #aac #b public ,h4 ,r4#ajfh ,one ,hundred ,thirteenth ,congress of the ,united ,states of ,america ,a ,t ,t ,h ,e ,s ,e ,c ,o ,n ,d ,s ,e ,s ,s ,i ,o ,n ,begun and held at the ,city of ,washington on ,friday1 the third day of ,january1 two thousand and fourteen ,an ,act ,to enact title #ed1 ,united ,states ,code1 8,national ,park ,service and ,related ,programs01 as positive law4 ,be it enacted by the ,senate and ,house of ,representatives of the ,united ,states of ,america in ,congress assembled1 ,,section #a4 ,,table ,,of ,,contents4 ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,table of contents4 ,sec4 #b4 ,purpose2 conformity with original intent4 ,sec4 #c4 ,enactment of title #ed1 ,united ,states ,code4 ,sec4 #d4 ,conforming amendments4 ,sec4 #e4 ,conforming cross-references4 ,sec4 #f4 ,transitional and savings provisions4 ,sec4 #g4 ,repeals4 ,,sec4 #b4 ,,purpose2 ,,conformity ,,with ,,original ,,intent4 7a7 ,purpose4--,the purpose of this ,act is to codify certain existing laws relating to the ,national ,park ,system as title #ed1 ,united ,states ,code1 8,national ,park ,service and ,related ,programs04 7b7 ,conformity ,with ,original ,intent4--,in the codification of laws by this ,act1 the intent is to conform to the understood policy1 intent1 and purpose of ,congress in the original enactments1 with such amendments and corrections as will remove ambiguities1 contradictions1 and other imperfections1 in accordance with section #bje7;c77#a7 of ,house ,resolution ,no4 #ihh1 #ic;d ,congress1 as enacted into law by ,public ,law #ic-eed 7#b ,u4,s4,c4 #bhe;b7#a774 ,,sec4 #c4 ,,enactment ,,of ,,title #ed1 ,,united ,,states ,,code4 ,title #ed1 ,united ,states ,code1 8,national ,park ,service and ,related ,programs01 is enacted as follows3 ,,title #ed--,,national ,,park ,,service ,,and ,,related ,,programs ,subtitle ,i-- ,national ,park ,system ,division ,a-- ,establishment and ,general ,administration ,chap4 ,sec4 #ajja4 ,general ,provisions #ajjaja #ajjc4 ,establishment1 ,directors1 and ,other ,employees #ajjcja #ajje4 ,areas of ,national ,park ,system #ajjeja #ajjg4 ,resource ,management #ajjgja #ajji4 ,administration #ajjija #ajaa4 ,donations #ajaaja #ajac4 ,employees #ajacja #ajae4 ,transportation #ajaeja #ajag4 ,financial ,agreements #ajagja #ajai4 ,concessions and ,commercial ,use ,authorizations #ajaija #ajba4 ,privileges and ,leases #ajbaja #ajbc4 ,programs and ,organizations #ajbcja #ajbe4 ,museums #ajbeja #ajbg4 ,law ,enforcement and ,emergency ,assistance #ajbgja #ajbi4 ,land ,transfers #ajbija #ajca4 ,appropriations and ,accounting #ajcaja #ajcc4 ,national ,military ,parks #ajccja #ajce through #ajdg ,reserved #ajdi4 ,miscellaneous #ajdija ,division ,b-- ,system ,units and ,related ,areas--,reserved ,subtitle ,,ii-- ,outdoor ,recreation ,programs #bjja4 ,coordination of ,programs #bjjaja #bjjc4 ,land and ,water ,conservation ,fund #bjjcja #bjje4 ,urban ,park and ,recreation ,recovery ,program #bjjeja ,subtitle ,,iii-- ,national ,preservation ,programs ,division ,a-- ,historic ,preservation ,subdivision #a-- ,general ,provisions #cjja4 ,policy #cjjaja #cjjc4 ,definitions #cjjcja ,subdivision #b-- ,historic ,preservation ,program #cjba4 ,national ,register of ,historic ,places #cjbaja #cjbc4 ,state ,historic ,preservation ,programs #cjbcja #cjbe4 ,certification of ,local ,governments #cjbeja #cjbg4 ,historic ,preservation ,programs and ,authorities for ,indian ,tribes and ,native ,hawaiian ,organizations #cjbgja #cjbi4 ,grants #cjbija #cjca4 ,historic ,preservation ,fund #cjcaja #cjcc ,through #cjcg ,reserved #cjci4 ,miscellaneous #cjcija ,subdivision #c-- ,advisory ,council on ,historic ,preservation #cjda4 ,advisory ,council on ,historic ,preservation #cjdaja ,subdivision #d-- ,other ,organizations and ,programs #cjea4 ,historic ,light ,station ,preservation #cjeaja #cjec4 ,national ,center for ,preservation ,technology and ,training #cjecja #cjee4 ,national ,building ,museum #cjeeja ,subdivision #e-- ,federal ,agency ,historic ,preservation ,responsibilities #cjfa4 ,program ,responsibilities and ,authorities #cjfaja ,subdivision #f-- ,miscellaneous #cjga4 ,miscellaneous #cjgaja ,division ,b-- ,organizations and ,programs ,subdivision #a-- ,administered by ,national ,park ,service #cjha4 ,american ,battlefield ,protection ,program #cjhaja #cjhc4 ,national ,underground ,railroad ,network to ,freedom #cjhcja #cjhe4 ,national ,women's ,rights ,history ,project #cjheja #cjhg4 ,national ,maritime ,heritage #cjhgja #cjhi4 ,save ,america's ,treasures ,program #cjhija #cjia4 ,commemoration of ,former ,presidents #cjiaja ,subdivision #b-- ,administered ,jointly ,with ,national ,park ,service #caaa4 ,preserve ,america ,program #caaaja ,subdivision #c-- ,administered by ,other ,than ,national ,park ,service #caba4 ,national ,trust for ,historic ,preservation in the ,united ,states #cabaja #cabc4 ,commission for the ,preservation of ,america's ,heritage ,abroad #cabcja #cabe4 ,preservation of ,historical and ,archeological ,data #cabeja ,division ,c-- ,american ,antiquities #cbja4 ,policy and ,administrative ,provisions #cbjaja #cbjc4 ,monuments1 ,ruins1 ,sites1 and ,objects of ,antiquity #cbjcja ---------------------------------------- ------------ ,subtitle ,i--,national ,park ,system ,division ,a--,establishment and ,general ,administration ,chapter #ajja--;,general ,provisions ,sec4 #ajjaja4 ,promotion and regulation4 #ajjajb4 ,definitions4 #ajjaja4 ,promotion and regulation 7a7 ,in ,general4--,the ,secretary1 acting through the ,director of the ,national ,park ,service1 shall promote and regulate the use of the ,national ,park ,system by means and measures that conform to the fundamental purpose of the ,system units1 which purpose is to conserve the scenery1 natural and historic objects1 and wild life in the ,system units and to provide for the enjoyment of the scenery1 natural and historic objects1 and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations4 7b7 ,declarations4-- 7#a7 #aigj declarations4--,congress declares that-- 7,a7 the ,national ,park ,system1 which began with establishment of ,yellowstone ,national ,park in #ahgb1 has since grown to include superlative natural1 historic1 and recreation areas in every major region of the ,united ,states and its territories and possessions2 7,b7 these areas1 though distinct in character1 are united through their interrelated purposes and resources into one ,national ,park ,system as cumulative expressions of a single national heritage2 7,c7 individually and collectively1 these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one ,system preserved and managed for the benefit and inspiration of all the people of the ,united ,states2 and 7,d7 it is the purpose of this division to include all these areas in the ,system and to clarify the authorities applicable to the ,system4 7#b7 #aigh reaffirmation4--,congress reaffirms1 declares1 and directs that the promotion and regulation of the various ,system units shall be consistent with and founded in the purpose established by subsection 7a71 to the common benefit of all the people of the ,united ,states4 ,the authorization of activities shall be construed and the protection1 management1 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 the ,system units have been established1 except as directly and specifically provided by ,congress4 #ajjajb4 ,definitions ,in this title3 7#a7 ,director4--,the term 8,director0 means the ,director of the ,national ,park ,service4 7#b7 ,national park system4--,the term 8,national ,park ,system0 means the areas of land and water described in section #ajjeja of this title4 7#c7 ,secretary4--,the term 8,secretary0 means the ,secretary of the ,interior4 7#d7 ,service4--,the term 8,service0 means the ,national ,park ,service4 7#e7 ,system4--,the term 8,system0 means the ,national ,park ,system4 7#f7 ,system unit4--,the term 8,system unit0 means one of the areas described in section #ajjeja of this title4 ,chapter #ajjc--;,establishment1 ,directors1 and ,other ,employees ,sec4 #ajjcja4 ,establishment4 #ajjcjb4 ,directors and other employees4 #ajjcjc4 ,effect on other laws4 #ajjcja4 ,establishment ,there is in the ,department of the ,interior a service called the ,national ,park ,service4 #ajjcjb4 ,directors and other employees 7a7 ,director4-- 7#a7 ,appointment4--,the ,service shall be under the charge of a director who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,qualifications4--,the ,director shall have substantial experience and demonstrated competence in land management and natural or cultural resource conservation4 7#c7 ,authority4--,under the direction of the ,secretary1 the ,director shall have the supervision1 management1 and control of ,system units4 ,in the supervision1 management1 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 ,secretary4 7b7 ,deputy ,directors4--,the ,director shall select #b ,deputy ,directors4 ,one ,deputy ,director shall have responsibility for ,service operations1 and the other ,deputy ,director shall have responsibility for other programs assigned to the ,service4 7c7 ,other ,employees4--,the ,service shall have such subordinate officers and employees as may be appropriated for by ,congress4 #ajjcjc4 ,effect on other laws ,this chapter and sections #ajjaja7;a71 #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja of this title do not affect or modify section #ajjijb7;a7 of this title4 ,chapter #ajje--;,areas of ,national ,park ,system ,sec4 #ajjeja4 ,areas included in ,system4 #ajjejb4 ,general management plans4 #ajjejc4 ,five-year strategic plans4 #ajjejd4 ,study and planning of park1 parkway1 and recreational-area facilities4 #ajjeje4 ,periodic review of ,system4 #ajjejf4 ,boundary changes to ,system units4 #ajjejg4 ,additional areas for ,system4 #ajjeja4 ,areas included in ,system ,the ,system shall include any area of land and water administered by the ,secretary1 acting through the ,director1 for park1 monument1 historic1 parkway1 recreational1 or other purposes4 #ajjejb4 ,general management plans ,general management plans for the preservation and use of each ,system unit1 including areas within the national capital area1 shall be prepared and revised in a timely manner by the ,director4 ,on ,january #a of each year1 the ,secretary shall submit to ,congress a list indicating the current status of completion or revision of general management plans for each ,system unit4 ,general management plans for each ,system unit shall include-- 7#a7 measures for the preservation of the area's resources2 7#b7 indications of types and general intensities of development 7including visitor circulation and transportation patterns1 systems1 and modes7 associated with public enjoyment and use of the area1 including general locations1 timing of implementation1 and anticipated costs2 7#c7 identification of and implementation commitments for visitor carrying capacities for all areas of the ,system unit2 and 7#d7 indications of potential modifications to the external boundaries of the ,system unit1 and the reasons for the modifications4 #ajjejc4 ,five-year strategic plans 7a7 ,strategic and ,performance ,plans4--,each ,system unit shall prepare and make available to the public a #e-year strategic plan and an annual performance plan4 ,the plans shall reflect the ,service policies1 goals1 and outcomes represented in the ,service-wide strategic plan prepared pursuant to section #cjf of title #e4 7b7 ,annual ,budget4-- 7#a7 ,in general4--,as a part of the annual performance plan for a ,system unit prepared pursuant to subsection 7a71 following receipt of the appropriation for the unit from the ,operations of the ,national ,park ,system account 7but not later than ,january #a of each year71 the superintendent of the ,system unit shall develop and make available to the public the budget for the current fiscal year for that ,system unit4 7#b7 ,contents4--,the budget shall include-- 7,a7 funding allocations for resource preservation 7including resource management71 visitor services 7including maintenance1 interpretation1 law enforcement1 and search and rescue71 and administration2 and 7,b7 allocations into each of the categories in subparagraph 7,a7 of all funds retained from fees collected for that year1 including special use permits1 concession franchise fees1 and recreation use and entrance fees4 #ajjejd4 ,study and planning of park1 parkway1 and recreational-area facilities 7a7 ,in ,general4-- 7#a7 ,definition4--,in this subsection1 the term 8,state0 means a ,state1 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 and the ,virgin ,islands4 7#b7 ,study4--,the ,secretary shall cause the ,service to make a comprehensive study1 other than on land under the jurisdiction of the ,secretary of ,agriculture1 of the public park1 parkway1 and recreational area programs of the ,united ,states1 ,states1 and political subdivisions of ,states and of areas of land throughout the ,united ,states that are or may be chiefly valuable as public park1 parkway1 or recreational areas4 ,a study shall not be made in any ,state without the consent and approval of the ,state officials1 boards1 or departments having jurisdiction over the land4 ,the study shall be such as1 in the judgment of the ,secretary1 will provide data helpful in developing a plan for coordinated and adequate public park1 parkway1 and recreational-area facilities for the people of the ,united ,states4 7#c7 ,cooperation and agreements with other entities4--,in making the study and to accomplish the purposes of this section1 the ,secretary1 acting through the ,director-- 7,a7 shall seek and accept the cooperation and assistance of ,federal departments or agencies having jurisdiction of land belonging to the ,united ,states2 and 7,b7 may cooperate and make agreements with and seek and accept the assistance of-- 7i7 other ,federal agencies and instrumentalities2 and 7ii7 ,states1 political subdivisions of ,states1 and agencies and instrumentalities of either of them4 7#d7 ,state planning4--,for the purpose of developing coordinated and adequate public park1 parkway1 and recreational-area facilities for the people of the ,united ,states1 the ,secretary may aid ,states and political subdivisions of ,states in planning public park1 parkway1 and recreational areas and in cooperating with one another to accomplish these ends4 ,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 best4 7b7 ,consent of ,congress to ,agreements ,between ,states4--,the consent of ,congress is given to any #b or more ,states to negotiate and enter into compacts or agreements with one another with reference to planning1 establishing1 developing1 improving1 and maintaining any park1 parkway1 or recreational area4 ,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 ,congress4 #ajjeje4 ,periodic review of ,system 7a7 ,authority of ,secretary ,to ,conduct ,review4--,the ,secretary shall conduct a systematic and comprehensive review of certain aspects of the ,system and on a periodic basis 7but not less often than every #c years7 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 review1 together with recommendations as the ,secretary determines to be necessary4 7b7 ,consultation4--,in conducting and preparing the report1 the ,secretary shall consult with appropriate officials of affected ,federal1 ,state1 and local agencies and national1 regional1 and local organizations4 ,the consultation shall include holding public hearings that the ,secretary determines to be appropriate to provide a full opportunity for public comment4 7c7 ,contents of report4--,the report shall contain the following3 7#a7 ,a comprehensive listing of all authorized but unacquired parcels of land within the exterior boundaries of each ,system unit as of ,november #bh1 #aiij4 7#b7 ,a priority listing of all those unacquired parcels by ,system unit and for the ,system as a whole4 ,the list shall describe the acreage and ownership of each parcel1 the estimated cost of acquisition for each parcel 7subject to any statutory acquisition limitations for the land71 and the basis for the estimate4 7#c7 ,an analysis and evaluation of the current and future needs of each ,system unit for resource management1 interpretation1 construction1 operation and maintenance1 personnel1 and housing1 together with an estimate of the costs4 #ajjejf4 ,boundary changes to ,system units 7a7 ,criteria for ,evaluation4--,the ,secretary shall maintain criteria to evaluate any proposed changes to the boundaries of ,system units1 including-- 7#a7 analysis of whether or not an existing boundary provides for the adequate protection and preservation of the natural1 historic1 cultural1 scenic and recreational resources integral to the ,system unit2 7#b7 an evaluation of each parcel proposed for addition or deletion to a ,system unit based on the analysis under paragraph 7#a72 and 7#c7 an assessment of the impact of potential boundary adjustments taking into consideration the factors in section #ajjeje7;c77#c7 of this title and the effect of the adjustments on the local communities and surrounding area4 7b7 ,proposal of ,secretary4--,in proposing a boundary change to a ,system unit1 the ,secretary shall-- 7#a7 consult with affected agencies of ,state and local governments1 surrounding communities1 affected landowners1 and private national1 regional1 and local organizations2 7#b7 apply the criteria developed pursuant to subsection 7a7 and accompany the proposal with a statement reflecting the results of the application of the criteria2 and 7#c7 include with the proposal an estimate of the cost for acquiring any parcels proposed for acquisition1 the basis for the estimate1 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 ,system4 7c7 ,minor ,boundary ,changes4-- 7#a7 ,in general4--,when the ,secretary determines that to do so will contribute to1 and is necessary for1 the proper preservation1 protection1 interpretation1 or management of a ,system unit1 the ,secretary may1 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 so1 and by publication of a revised boundary map or other description in the ,federal ,register-- 7,a7 make minor changes to the boundary of the ,system unit1 and amounts appropriated from the ,fund shall be available for acquisition of any land1 water1 and interests in land or water added to the ,system unit by the boundary change subject to such statutory limitations1 if any1 on methods of acquisition and appropriations thereof as may be specifically applicable to the ,system unit2 and 7,b7 acquire by donation1 purchase with donated funds1 transfer from any other ,federal agency1 or exchange1 land1 water1 or interests in land or water adjacent to the ,system unit1 except that in exercising the ,secretary's authority under this subparagraph the ,secretary-- 7i7 shall not alienate property administered as part of the ,system to acquire land by exchange2 7ii7 shall not acquire property without the consent of the owner2 and 7iii7 may acquire property owned by a ,state or political subdivision of a ,state only by donation4 7#b7 ,consultation4--,prior to making a determination under this subsection1 the ,secretary shall consult with the governing body of the county1 city1 town1 or other jurisdiction or jurisdictions having primary taxing authority over the land or interest to be acquired as to the impacts of the proposed action4 7#c7 ,action to advance local public awareness4--,the ,secretary shall take such steps as the ,secretary considers appropriate to advance local public awareness of the proposed action4 7#d7 ,administration of acquisitions4--,land1 water1 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 added1 subject to the laws and regulations applicable to the ,system unit4 7#e7 ,when authority applies4--,for the purposes of paragraph 7#a77;,a71 in all cases except the case of technical boundary changes 7resulting from such causes as survey error or changed road alignments71 the authority of the ,secretary under paragraph 7#a77;,a7 shall apply only if each of the following conditions is met3 7,a7 ,the sum of the total acreage of the land1 water1 and interests in land or water to be added to the ,system unit and the total acreage of the land1 water1 and interests in land or water to be deleted from the ,system unit is not more than #e percent of the total ,federal acreage authorized to be included in the ,system unit and is less than #bjj acres4 7,b7 ,the acquisition1 if any1 is not a major ,federal action significantly affecting the quality of the human environment1 as determined by the ,secretary4 7,c7 ,the sum of the total appraised value of the land1 water1 and interests in land or water to be added to the ,system unit and the total appraised value of the land1 water1 and interests in land or water to be deleted from the ,system unit does not exceed #gej1jjj4 7,d7 ,the proposed boundary change is not an element of a more comprehensive boundary change proposal4 7,e7 ,the proposed boundary has been subject to a public review and comment period4 7,f7 ,the ,director obtains written consent for the boundary change from all property owners whose land1 water1 or interests in land or water1 or a portion of whose land1 water1 or interests in land or water1 will be added to or deleted from the ,system unit by the boundary change4 7,g7 ,the land abuts other ,federal land administered by the ,director4 7#f7 ,act of congress required4--,minor boundary changes involving only deletions of acreage owned by the ,federal ,government and administered by the ,service may be made only by ,act of ,congress4 #ajjejg4 ,additional areas for ,system 7a7 ,monitoring ,areas for ,inclusion in ,system4--,the ,secretary shall investigate1 study1 and continually monitor the welfare of areas whose resources exhibit qualities of national significance and that may have potential for inclusion in the ,system4 7b7 ,submission of ,list of ,areas ,recommended for ,study for ,potential ,inclusion4-- 7#a7 ,when list is to be submitted4--,at the beginning of each calendar year1 with the annual budget submission1 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 ,system4 7#b7 ,factors to be considered4--,in developing the list to be submitted under this subsection1 the ,secretary shall consider-- 7,a7 the areas that have the greatest potential to meet the established criteria of national significance1 suitability1 and feasibility2 7,b7 themes1 sites1 and resources not already adequately represented in the ,system2 and 7,c7 public petitions and ,congressional resolutions4 7#c7 ,accompanying synopsis4--,accompanying the annual listing of areas shall be a synopsis1 for each report previously submitted1 of the current and changed condition of the resource integrity of the area and other relevant factors1 compiled as a result of continual periodic monitoring and embracing the period since the previous submission or initial report submission one year earlier4 7#d7 ,congressional authorization required4--,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 ,congress4 7#e7 ,authority to conduct certain activities not limited4--,this section and sections #ajjija7;b71 #ajagjb7;b7 and 7c71 and #ajbajb of this title do not limit the authority of the ,service to conduct preliminary resource assessments1 gather data on potential study areas1 provide technical and planning assistance1 prepare or process nominations for administrative designations1 update previous studies1 or complete reconnaissance surveys of individual areas requiring a total expenditure of less than #be1jjj4 7#f7 ,study of rivers or trails not affected4--,this section does not apply to or affect or alter the study of-- 7,a7 any river segment for potential addition to the national wild and scenic rivers system2 or 7,b7 any trail for potential addition to the national trails system4 7c7 ,study of ,areas for ,potential ,inclusion4-- 7#a7 ,study to be completed within #c years4--,the ,secretary shall complete the study for each area for potential inclusion in the ,system within #c complete fiscal years following the date on which funds are first made available for that purpose4 7#b7 ,opportunity for public involvement required4--,each study under this section shall be prepared with appropriate opportunity for public involvement1 including at least one public meeting in the vicinity of the area under study1 and after reasonable efforts to notify potentially affected landowners and ,state and local governments4 7#c7 ,considerations4--,in conducting the study1 the ,secretary shall consider whether the area under study-- 7,a7 possesses nationally significant natural or cultural resources and represents one of the most important examples of a particular resource type in the country2 and 7,b7 is a suitable and feasible addition to the ,system4 7#d7 ,scope of study4--,each study-- 7,a7 with regard to the area being studied1 shall consider-- 7i7 the rarity and integrity of the resources2 7ii7 the threats to those resources2 7iii7 whether similar resources are already protected in the ,system or in other public or private ownership2 7iv7 the public use potential2 7v7 the interpretive and educational potential2 7vi7 costs associated with acquisition1 development1 and operation2 7vii7 the socioeconomic impacts of any designation2 7viii7 the level of local and general public support2 and 7ix7 whether the area is of appropriate configuration to ensure long-term resource protection and visitor use2 7,b7 shall consider whether direct ,service management or alternative protection by other public agencies or the private sector is appropriate for the area2 7,c7 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 enjoyment2 and 7,d7 may include any other information that the ,secretary considers to be relevant4 7#e7 ,compliance with national environmental policy act of #aifi4--;,each study shall be completed in compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#f7 ,recommendation of preferred management option4--,the letter transmitting each completed study to ,congress shall contain a recommendation regarding the ,secretary's preferred management option for the area4 7d7 ,list of ,areas ,previously ,studied4-- 7#a7 ,submission of list4--,at the beginning of each calendar year1 with the annual budget submission1 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 ,senate1 in numerical order of priority for addition to the ,system-- 7,a7 a list of areas that have been previously studied that contain primarily historical resources2 and 7,b7 a list of areas that have been previously studied that contain primarily natural resources4 7#b7 ,considerations4--,in developing the lists1 the ,secretary should consider threats to resource values1 cost escalation factors1 and other factors listed in subsection 7c74 7#c7 ,areas eligible for inclusion4--,the ,secretary should include on the lists only areas for which the supporting data are current and accurate4 7e7 ,list of ,areas ,that ,exhibit ,danger or ,threats to the ,integrity of ,their ,resources4--,at the beginning of each fiscal year1 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 ,landmarks1 and areas of national significance listed on the ,national ,register of ,historic places1 that exhibit known or anticipated damage or threats to the integrity of their resources1 with notations as to the nature and severity of the damage or threats4 7f7 ,reports and ,listings ,printed as ,house ,documents4--,each report and annual listing described in this section shall be printed as a ,house document4 ,if adequate supplies of previously printed identical reports remain available1 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 case4 7g7 ,designation of ,office4--,the ,secretary shall designate a single office to prepare all new area studies and to implement other functions under this section4 7h7 ,authorization of ,appropriations4-- 7#a7 ,studies of potential new system units and monitoring the welfare of system unit resources4--,to carry out studies for potential new ,system units and for monitoring the welfare of historical and natural resources referred to in subparagraphs 7,a7 and 7,b7 of subsection 7d77#a71 there is authorized to be appropriated not more than #a1jjj1jjj for each fiscal year4 7#b7 ,monitoring welfare and integrity of national landmarks4--,to monitor the welfare and integrity of the national landmarks1 there is authorized to be appropriated not more than #a1ejj1jjj for each fiscal year4 7#c7 ,carrying out subsections 7b71 7c71 and 7g74--,to carry out subsections 7b71 7c71 and 7g71 there is authorized to be appropriated #b1jjj1jjj for each fiscal year4 ,chapter #ajjg--,resource ,management ,subchapter ,i-- ,system ,resource ,inventory and ,management ,sec4 #ajjgja4 ,protection1 interpretation1 and research in ,system4 #ajjgjb4 ,research mandate4 #ajjgjc4 ,cooperative study units4 #ajjgjd4 ,inventory and monitoring program4 #ajjgje4 ,availability of ,system units for scientific study4 #ajjgjf4 ,integration of study results into management decisions4 #ajjgjg4 ,confidentiality of information4 ,subchapter ,,ii-- ,system ,unit ,resource ,protection #ajjgba4 ,definitions4 #ajjgbb4 ,liability4 #ajjgbc4 ,actions4 #ajjgbd4 ,use of recovered amounts4 #ajjgbe4 ,donations4 ,subchapter ,,iii-- ,mining ,activity ,within ,system ,units #ajjgca4 ,findings and declaration4 #ajjgcb4 ,preservation and management of ,system units by ,secretary2 promulgation of regulations4 #ajjgcc4 ,recordation of mining claims2 publication of notice4 #ajjgcd4 ,report on finding or notification of potential damage to natural and historical landmarks4 #ajjgce4 ,civil actions for just compensation by mining claim holders4 #ajjgcf4 ,acquisition of land by ,secretary4 #ajjgcg4 ,financial disclosure by officer or employee of ,secretary4 ,subchapter ,,iv-- ,administration #ajjgea4 ,regulations4 #ajjgeb4 ,destruction of animals and plant life4 #ajjgec4 ,disposal of timber4 #ajjged4 ,relinquishment of legislative jurisdiction4 #ajjgee4 ,applicability of other laws4 ,subchapter ,i--,system ,resource ,inventory and ,management #ajjgja4 ,protection1 interpretation1 and research in ,system ,recognizing the ever increasing societal pressures being placed upon ,america's unique natural and cultural resources contained in the ,system1 the ,secretary shall continually improve the ability of the ,service to provide state-of-the-art management1 protection1 and interpretation of1 and research on1 the resources of the ,system4 #ajjgjb4 ,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 information4 #ajjgjc4 ,cooperative study units ,the ,secretary shall enter into cooperative agreements with colleges and universities1 including land grant schools1 in partnership with other ,federal and ,state agencies1 to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the resources of the ,system1 or the larger region of which ,system units are a part4 #ajjgjd4 ,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 resources4 ,the monitoring program shall be developed in cooperation with other ,federal monitoring and information collection efforts to ensure a cost-effective approach4 #ajjgje4 ,availability of ,system units for scientific study 7a7 ,in ,general4--,the ,secretary may solicit1 receive1 and consider requests from ,federal or non-,federal public or private agencies1 organizations1 individuals1 or other entities for the use of any ,system unit for purposes of scientific study4 7b7 ,criteria4--,a request for use of a ,system unit under subsection 7a7 may be approved only if the ,secretary determines that the proposed study-- 7#a7 is consistent with applicable laws and ,service management policies2 and 7#b7 will be conducted in a manner that poses no threat to the ,system unit resources or public enjoyment derived from ,system unit resources4 7c7 ,fee ,waiver4--,the ,secretary may waive any ,system unit admission or recreational use fee in order to facilitate the conduct of scientific study under this section4 7d7 ,benefit-,sharing ,arrangements4--,the ,secretary may negotiate for and enter into equitable1 efficient benefit-sharing arrangements with the research community and private industry4 #ajjgjf4 ,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 decisions4 ,in each case in which an action undertaken by the ,service may cause a significant adverse effect on a ,system unit resource1 the administrative record shall reflect the manner in which ,system unit resource studies have been considered4 ,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 unit4 #ajjgjg4 ,confidentiality of information ,information concerning the nature and specific location of a ,system resource that is endangered1 threatened1 rare1 or commercially valuable1 of mineral or paleontological objects within ,system units1 or of objects of cultural patrimony within ,system units1 may be withheld from the public in response to a request under section #eeb of title #e unless the ,secretary determines that-- 7#a7 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 harm1 theft1 or destruction of the resource or object1 including individual organic or inorganic specimens2 and 7#b7 disclosure is consistent with other laws protecting the resource or object4 ,subchapter ,,ii--,system ,unit ,resource ,protection #ajjgba4 ,definitions ,in this subchapter3 7#a7 ,damages4--,the term 8damages0 includes-- 7,a7 compensation for-- 7i7 7,i7 the cost of replacing1 restoring1 or acquiring the equivalent of a ,system unit resource2 and 7,,ii7 the value of any significant loss of use of a ,system unit resource pending its restoration or replacement or the acquisition of an equivalent resource2 or 7ii7 the value of the ,system unit resource if the ,system unit resource cannot be replaced or restored2 and 7,b7 the cost of a damage assessment under section #ajjgbc7;b7 of this title4 7#b7 ,response costs4--,the term 8response costs0 means the costs of actions taken by the ,secretary to-- 7,a7 prevent or minimize destruction or loss of or injury to a ,system unit resource2 7,b7 abate or minimize the imminent risk of the destruction1 loss1 or injury2 or 7,c7 monitor ongoing effects of incidents causing the destruction1 loss1 or injury4 7#c7 ,system unit resource4-- 7,a7 ,in general4--,the term 8,system unit resource0 means any living or non-living resource that is located within the boundaries of a ,system unit4 7,b7 ,exclusion4--,the term 8,system unit resource0 does not include a resource owned by a non-,federal entity4 #ajjgbb4 ,liability 7a7 ,in ,general4--,subject to subsection 7c71 any person that destroys1 causes the loss of1 or injures any ,system unit resource is liable to the ,united ,states for response costs and damages resulting from the destruction1 loss1 or injury4 7b7 ,liability ,in ,rem4--,any instrumentality1 including a vessel1 vehicle1 aircraft1 or other equipment1 that destroys1 causes the loss of1 or injures any ,system unit resource shall be liable in rem to the ,united ,states for response costs and damages resulting from the destruction1 loss1 or injury to the same extent as a person is liable under subsection 7a74 7c7 ,defenses4--,a person is not liable under this section if the person establishes that-- 7#a7 the destruction1 loss of1 or injury to the ,system unit resource was caused solely by an act of ,god or an act of war2 7#b7 the person acted with due care1 and the destruction1 loss of1 or injury to the ,system unit resource was caused solely by an act or omission of a #c;d party1 other than an employee or agent of the person2 or 7#c7 the destruction1 loss1 or injury to the ,system unit resource was caused by an activity authorized by ,federal or ,state law4 7d7 ,scope4--,liability under this section is in addition to any other liability that may arise under ,federal or ,state law4 #ajjgbc4 ,actions 7a7 ,civil ,action for ,response ,costs and ,damages4--,the ,attorney ,general1 on request of the ,secretary after a finding by the ,secretary of destruction1 loss1 or injury to a ,system unit resource or a finding that absent the undertaking of a response action1 destruction1 loss1 or injury to a ,system unit resource would have occurred1 may bring a civil action in ,united ,states district court against any person or instrumentality that may be liable under section #ajjgbb of this title for response costs and damages4 ,the ,secretary shall submit a request for the civil action to the ,attorney ,general whenever a person may be liable or an instrumentality may be liable in rem for those costs and damages under section #ajjgbb of this title4 7b7 ,response ,actions and ,assessment of ,destruction1 ,loss1 or ,injury4-- 7#a7 ,actions to prevent or minimize destruction1 loss1 or injury4--,the ,secretary shall undertake all necessary actions to-- 7,a7 prevent or minimize the destruction1 loss of1 or injury to ,system unit resources2 or 7,b7 minimize the imminent risk of destruction1 loss1 or injury to ,system unit resources4 7#b7 ,assessment and monitoring4--,the ,secretary shall assess and monitor destruction1 loss1 or injury to ,system unit resources4 #ajjgbd4 ,use of recovered amounts 7a7 ,limitation on ,use4--,response costs and damages recovered by the ,secretary under this subchapter or amounts recovered by the ,federal ,government under any ,federal1 ,state1 or local law or regulation or otherwise as a result of destruction1 loss of1 or injury to any ,system unit resource shall be available to the ,secretary and without further ,congressional action may be used only as follows3 7#a7 ,reimbursement4--,to reimburse response costs and damage assessments by the ,secretary or other ,federal agencies as the ,secretary considers appropriate4 7#b7 ,restoration and replacement4--,to restore1 replace1 or acquire the equivalent of ,system unit resources that were the subject of the action and to monitor and study those ,system unit resources4 ,the funds may not be used to acquire any land or water1 interest in land or water1 or right to land or water unless the acquisition is specifically approved in advance in appropriations ,acts4 ,the acquisition shall be subject to any limitations contained in the legislation establishing the ,system unit4 7b7 ,excess ,amounts4--,any amounts remaining after expenditures pursuant to paragraphs 7#a7 and 7#b7 of subsection 7a7 shall be deposited in the ,treasury4 #ajjgbe4 ,donations ,the ,secretary may accept donations of money or services for expenditure or employment to meet expected1 immediate1 or ongoing response costs4 ,the donations may be expended or employed at any time after their acceptance1 without further ,congressional action4 ,subchapter ,,iii--,mining ,activity ,within ,system ,units #ajjgca4 ,findings and declaration ,congress finds and declares that-- 7#a7 the level of technology of mineral exploration and development has changed radically1 and continued application of the mining laws of the ,united ,states to ,system units to which the mining laws apply conflicts with the purposes for which the ,system units were established2 and 7#b7 all mining operations in ,system units should be conducted so as to prevent or minimize damage to the environment and other resource values4 #ajjgcb4 ,preservation and management of ,system units by ,secretary2 promulgation of regulations ,to preserve for the benefit of present and future generations the pristine beauty of ,system units1 and to further the purposes of section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja of this title and the individual organic ,acts for the ,system units1 all activities resulting from the exercise of mineral rights on patented or unpatented mining claims within any ,system unit shall be subject to such regulations prescribed by the ,secretary as the ,secretary considers necessary or desirable for the preservation and management of the ,system units4 #ajjgcc4 ,recordation of mining claims2 publication of notice ,all mining claims under the ,mining ,law of #ahgb 7#cj ,u4,s4,c4 chapter #b1 sections #afa and #afb1 and chapters #ab;,a and #af7 that lie within the boundaries of ,system units in existence on ,september #bh1 #aigf1 that were not recorded with the ,secretary within one year after ,september #bh1 #aigf1 shall be conclusively presumed to be abandoned and shall be void4 ,the recordation does not render valid any claim that was not valid on ,september #bh1 #aigf1 or that becomes invalid after that date4 #ajjgcd4 ,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 scientific1 historical1 or archeological authority that a district1 site1 building1 structure1 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 activity1 including exploration for or removal or production of minerals or materials1 the ,secretary shall notify the person conducting the activity and submit a report on the findings or notification1 including the basis for the ,secretary's finding that the activity may cause irreparable loss or destruction of a national landmark1 to the ,advisory ,council on ,historic ,preservation1 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 activity4 #ajjgce4 ,civil actions for just compensation by mining claim holders ,the holder of any patented or unpatented mining claim subject to this subchapter that believes the holder has suffered a loss by operation of this subchapter1 or by orders or regulations issued pursuant to this subchapter1 may bring a civil action in ,united ,states district court to recover just compensation1 which shall be awarded if the court finds that the loss constitutes a taking of property compensable under the ,constitution4 #ajjgcf4 ,acquisition of land by ,secretary ,nothing in this subchapter shall be construed to limit the authority of the ,secretary to acquire land and interests in land within the boundary of any ,system unit4 ,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 ,monument1 ,death ,valley ,national ,monument1 ,organ ,pipe ,cactus ,national ,monument1 or ,mount ,mc,kinley ,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 causing1 or would result in1 undue hardship4 #ajjgcg4 ,financial disclosure by officer or employee of ,secretary 7a7 ,written ,statements4--,each officer or employee of the ,secretary who-- 7#a7 performs any function or duty under this subchapter1 or any ,act amended by the ,mining in the ,parks ,act 7,public ,law #id-dbi1 #ij ,stat4 #acdb7 concerning the regulation of mining in the ,system2 and 7#b7 has any known financial interest-- 7,a7 in any person subject to this subchapter or any ,act amended by the ,mining in the ,parks ,act 7,public ,law #id-dbi1 #ij ,stat4 #acdb72 or 7,b7 in any person who holds a mining claim within the boundary of any ,system unit2 shall annually file with the ,secretary a written statement concerning all such interests held by the officer or employee during the preceding calendar year4 ,the statement shall be available to the public4 7b7 ,monitoring and ,enforcement ,procedures4--,the ,secretary shall-- 7#a7 define the term 8known financial interest0 for purposes of subsection 7a72 7#b7 establish the methods by which the requirement to file written statements specified in subsection 7a7 will be monitored and enforced1 including appropriate provisions for the filing by the officers and employees of the statements and the review by the ,secretary of the statements2 and 7#c7 submit to ,congress on ,june #a of each year a report with respect to the disclosures and the actions taken in regard to the disclosures during the preceding calendar year4 7c7 ,exemptions4--,in the rules prescribed under subsection 7b71 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 section4 7d7 ,criminal ,penalties4--,criminal penalties for a violation of this section are provided by section #ahfe of title #ah4 ,subchapter ,,iv--,administration #ajjgea4 ,regulations 7a7 ,in ,general4--,the ,secretary shall prescribe such regulations as the ,secretary considers necessary or proper for the use and management of ,system units4 7b7 ,boating and ,other ,activities on or ,relating to ,water4--,the ,secretary1 under such terms and conditions as the ,secretary considers advisable1 may prescribe regulations under subsection 7a7 concerning boating and other activities on or relating to water located within ,system units1 including water subject to the jurisdiction of the ,united ,states4 ,any regulation under this subsection shall be complementary to1 and not in derogation of1 the authority of the ,coast ,guard to regulate the use of water subject to the jurisdiction of the ,united ,states4 7c7 ,criminal ,penalties4--,criminal penalties for a violation of a regulation prescribed under this section are provided by section #ahfe of title #ah4 #ajjgeb4 ,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 unit4 #ajjgec4 ,disposal of timber ,the ,secretary1 on terms and conditions to be fixed by the ,secretary1 may sell or dispose of timber in cases where1 in the judgment of the ,secretary1 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 unit4 #ajjged4 ,relinquishment of legislative jurisdiction 7a7 ,in ,general4--,notwithstanding any other provision of law1 the ,secretary may relinquish to a ,state or a territory 7including a possession7 of the ,united ,states part of the legislative jurisdiction of the ,united ,states over ,system land or interests in land in that ,state or territory4 ,relinquishment may be accomplished-- 7#a7 by filing with the chief executive official of the ,state or territory a notice of relinquishment to take effect on acceptance2 or 7#b7 as the laws of the ,state or territory may otherwise provide4 7b7 ,submission of ,agreement to ,congress4--,prior to consummating a relinquishment under subsection 7a71 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 ,representatives4 ,the ,secretary shall not finalize the agreement until #fj calendar days after the submission has elapsed4 7c7 ,concurrent ,legislative ,jurisdiction4--,the ,secretary shall diligently pursue the consummation of arrangements with each ,state or territory within which a ,system unit is located so that insofar as practicable the ,united ,states shall exercise concurrent legislative jurisdiction within ,system units4 #ajjgee4 ,applicability of other laws 7a7 ,in ,general4--,this section and sections #ajjeja1 #ajjija7;d7 to 7h71 #ajacjb7;b77#b71 #ajaija7;c71 and #ajbgaa of this title1 and the various authorities relating to the administration and protection of ,system units1 including the provisions of law listed in subsection 7b71 shall1 to the extent that those provisions are not in conflict with any such specific provision1 be applicable to ,system units1 and any reference in any of these provisions to a ,system unit does not limit those provisions to that ,system unit4 7b7 ,applicable ,provisions4--,the provisions of law referred to in subsection 7a7 are-- 7#a7 section #ajjaja7;a71 chapter #ajjc1 sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 #ajaaja1 #ajaajb1 #ajaeaa1 #ajbaja1 #ajbgab1 #ajbija1 #ajdije1 and #ajdijf1 and chapter #bjjc of this title2 7#b7 the ,act of ,march #d1 #aiaa 7#dc ,u4,s4,c4 #ifa72 and 7#c7 chapter #cbja of this title4 ,chapter #ajji--;,administration ,sec4 #ajjija4 ,authority of ,secretary to carry out certain activities4 #ajjijb4 ,rights of way for public utilities and power and communication facilities4 #ajjijc4 ,solid waste disposal operations4 #ajjijd4 ,admission and special recreation use fees4 #ajjije4 ,commercial filming4 #ajjijf4 ,advisory committees4 #ajjija4 ,authority of ,secretary to carry out certain activities 7a7 ,in ,general4--,to facilitate the administration of the ,system1 the ,secretary1 under such terms and conditions as the ,secretary may consider advisable1 may carry out the activities described in this section4 7b7 ,services1 ,resources1 or ,water ,contracts4--,the ,secretary may enter into contracts that provide for the sale or lease to persons1 ,states1 or political subdivisions of ,states1 of services1 resources1 or water available within a ,system unit1 as long as the activity does not jeopardize or unduly interfere with the primary natural or historic resource of the ,system unit1 if the person1 ,state1 or political subdivision-- 7#a7 provides public accommodations or services within the immediate vicinity of the ,system unit to individuals visiting the ,system unit2 and 7#b7 demonstrates to the ,secretary that there are no reasonable alternatives by which to acquire or perform the necessary services1 resources1 or water4 7c7 ,vehicular ,air ,conditioning4--,the ,secretary may acquire1 and have installed1 air conditioning units for any ,government-owned passenger motor vehicles used by the ,service1 where assigned duties necessitate long periods in automobiles or in regions of the ,united ,states where high temperatures and humidity are common and prolonged4 7d7 ,utility ,facilities4--,the ,secretary may erect and maintain fire protection facilities1 water lines1 telephone lines1 electric lines1 and other utility facilities adjacent to any ,system unit1 where necessary1 to provide service in the ,system unit4 7e7 ,supplies and ,rental of ,equipment4--,the ,secretary may furnish1 on a reimbursement of appropriation basis1 supplies1 and rent equipment1 to persons and agencies that1 in cooperation with and subject to the approval of the ,secretary1 render services or perform functions that facilitate or supplement the activities of the ,department of the ,interior in the administration of the ,system4 ,the reimbursements may be credited to the appropriation current at the time reimbursements are received4 7f7 ,contracts for ,utility ,facilities4--,the ,secretary may contract1 under terms and conditions that the ,secretary considers to be in the interest of the ,federal ,government1 for the sale1 operation1 maintenance1 repair1 or relocation of ,government-owned electric and telephone lines and other utility facilities used for the administration and protection of the ,system1 regardless of whether the lines and facilities are located within or outside the ,system4 7g7 ,rights of ,way ,necessary ,to ,construct1 ,improve1 and ,maintain ,roads4--,the ,secretary may acquire-- 7#a7 rights of way necessary to construct1 improve1 and maintain roads within the authorized boundaries of any ,system unit2 and 7#b7 land and interests in land adjacent to the rights of way1 when-- 7,a7 considered necessary by the ,secretary-- 7i7 to provide adequate protection of natural features2 or 7ii7 to avoid traffic and other hazards resulting from private road access connections2 or 7,b7 the acquisition of adjacent residual tracts1 which otherwise would remain after acquiring the rights of way1 would be in the public interest4 7h7 ,operation and ,maintenance of ,motor and ,other ,equipment4-- 7#a7 ,in general4--,the ,secretary may operate1 repair1 maintain1 and replace motor and other equipment on a reimbursable basis when the equipment is used on ,federal projects of the ,system1 chargeable to other appropriations1 or on work of other ,federal agencies1 when requested by the agencies4 7#b7 ,reimbursement4--,reimbursement shall be-- 7,a7 made from appropriations applicable to the work on which the equipment is used at rental rates established by the ,secretary1 based on actual or estimated cost of operation1 repair1 maintenance1 depreciation1 and equipment management control2 and 7,b7 credited to appropriations currently available at the time adjustment is effected4 7#c7 ,rental of equipment for fire control purposes4--,the ,secretary may rent equipment for fire control purposes to ,state1 county1 private1 or other non-,federal agencies that cooperate with the ,secretary in the administration of the ,system and other areas in fire control4 ,the rental shall be under the terms of written cooperative agreements4 ,the amount collected for the rentals shall be credited to appropriations currently available at the time payment is received4 #ajjijb4 ,rights of way for public utilities and power and communication facilities 7a7 ,public ,utilities4-- 7#a7 ,in general4--,under regulations the ,secretary prescribes1 the ,secretary may grant a right of way through a ,system unit to a citizen1 association1 or corporation of the ,united ,states that intends to use the right of way for-- 7,a7 electrical plants1 poles1 and lines for the generation and distribution of electrical power2 7,b7 telephone and telegraph purposes2 and 7,c7 canals1 ditches1 pipes and pipe lines1 flumes1 tunnels1 or other water conduits and water plants1 dams1 and reservoirs used to promote irrigation or mining or quarrying1 or the manufacturing or cutting of timber or lumber1 or the supplying of water for domestic1 public1 or any other beneficial uses4 7#b7 ,extent of right of way4--,a right of way under this subsection shall be for-- 7,a7 the ground occupied by the canals1 ditches1 flumes1 tunnels1 reservoirs1 or other water conduits or water plants1 or electrical or other works permitted under paragraph 7#a72 and 7,b7 not more than #ej feet-- 7i7 on each side of the marginal limits of the ground2 or 7ii7 on each side of the center line of the pipes and pipe lines1 electrical1 telegraph1 and telephone lines and poles4 7#c7 ,approval4--,a right of way under this subsection shall be allowed within or through a ,system unit only on the approval of the ,secretary and on a finding that the right of way is not incompatible with the public interest4 7#d7 ,revocation4--,the ,secretary may revoke a right of way under this subsection4 7#e7 ,right1 easement1 or interest not conferred4--,a right of way under this subsection does not confer any right1 easement1 or interest in1 to1 or over a ,system unit4 7b7 ,power and ,communication ,facilities4-- 7#a7 ,in general4--,under regulations the ,secretary prescribes1 the ,secretary may grant a right of way over1 across1 and on through a ,system unit to a citizen1 association1 or corporation of the ,united ,states that intends to use the right of way for-- 7,a7 electrical poles and lines for the transmission and distribution of electrical power2 7,b7 poles and lines for communication purposes2 and 7,c7 radio1 television1 and other forms of communication transmitting1 relay1 and receiving structures and facilities4 7#b7 ,extent of right of way4--,a right of way under this subsection-- 7,a7 shall be for not more than #ej years from the date the right of way is granted2 and 7,b7 for-- 7i7 lines and poles shall be for #bjj feet on each side of the center line of the lines and poles2 and 7ii7 radio1 television1 and other forms of communication transmitting1 relay1 and receiving structures and facilities shall be for not more than #djj feet by #djj feet4 7#c7 ,approval4--,a right of way under this subsection shall be allowed within or through a ,system unit only on the approval of the ,secretary and on a finding that the right of way is not incompatible with the public interest4 7#d7 ,forfeiture and annulment4--,the ,secretary may forfeit and annul any part of a right of way under this subsection for-- 7,a7 nonuse for a period of #b years2 or 7,b7 abandonment4 #ajjijc4 ,solid waste disposal operations 7a7 ,in ,general--,to protect the air1 land1 water1 and natural and cultural values of the ,system and the property of the ,united ,states in the ,system1 no solid waste disposal site 7including any site for the disposal of domestic or industrial solid waste7 may be operated within the boundary of any ,system unit1 other than-- 7#a7 a site that was operating as of ,september #a1 #aihd2 or 7#b7 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 unit4 7b7 ,regulations4--,the ,secretary shall prescribe regulations to carry out this section1 including reasonable regulations to mitigate the adverse effects of solid waste disposal sites in operation as of ,september #a1 #aihd1 on property of the ,united ,states4 #ajjijd4 ,admission and special recreation use fees 7a7 ,system ,units at ,which ,entrance ,fees or ,admissions ,fees ,cannot ,be ,collected4-- 7#a7 ,withholding of amounts4--,notwithstanding section #ajg of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiih 7,public ,law #aje-hc1 #aaa ,stat4 #aefa71 the ,secretary shall withhold from the special account under section #hjg7;a7 of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjf7;a77 #ajj 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 restrictions4 7#b7 ,use of amounts4--,amounts withheld under paragraph 7#a7 shall be retained by the ,secretary and shall be available1 without further appropriation1 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 experience1 protection of resources1 repair and maintenance1 interpretation1 signage1 habitat or facility enhancement1 resource preservation1 annual operation 7including fee collection71 maintenance1 and law enforcement4 7b7 ,allocation of ,funds to ,system ,units4-- 7#a7 ,allocation of funds on basis of need4--,ten percent of the funds made available to the ,director under subsection 7a7 in each fiscal year shall be allocated among ,system units on the basis of need in a manner to be determined by the ,director4 7#b7 ,allocation of funds based on expenses and based on fees collected4-- 7,a7 ,in general4--,forty percent of the funds made available to the ,director under subsection 7a7 in each fiscal year shall be allocated among ,system units in accordance with subparagraph 7,b7 of this subsection and #ej percent shall be allocated in accordance with subparagraph 7,c74 7,b7 ,allocation based on expenses4--,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 paragraph4 ,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 year4 7,c7 ,allocation based on fees collected4--,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 paragraph4 ,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 year4 7#c7 ,availability of amounts4--,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 expended4 7c7 ,selling of ,permits4-- 7#a7 ,authority to sell permits4--,when authorized by the ,secretary1 volunteers at ,system units may sell permits and collect fees authorized or established pursuant to this section4 ,the ,secretary shall ensure that the volunteers have adequate training regarding-- 7,a7 the sale of permits and the collection of fees2 7,b7 the purposes and resources of the ,system units in which they are assigned2 and 7,c7 the provision of assistance and information to visitors to the ,system unit4 7#b7 ,surety bond required4--,the ,secretary shall require a surety bond for any such volunteer performing services under this subsection4 ,funds available to the ,service may be used to cover the cost of the surety bond4 ,the ,secretary may enter into arrangements with qualified public or private entities pursuant to which the entities may sell 7without cost to the ,united ,states7 annual admission permits 7including ,golden ,eagle ,passports7 at any appropriate location4 ,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 sale4 7d7 ,charge for ,transportation ,provided by ,service for ,viewing ,system ,units4-- 7#a7 ,charge when transportation provided4--,where the ,service provides transportation to view all or a portion of any ,system unit1 the ,director may impose a charge for the service in lieu of an admission fee under this section4 7#b7 ,retention of charge and use of retained amount4--,notwithstanding any other provision of law1 half of the charges imposed under paragraph 7#a7 shall be retained by the ,system unit at which the service was provided4 ,the remainder shall be deposited in the same manner as receipts from fees collected pursuant to this section4 ,fifty percent of the amount retained shall be expended only for maintenance of transportation systems at the ,system unit where the charge was imposed4 ,the remaining #ej percent of the retained amount shall be expended only for activities related to resource protection at those ,system units4 7e7 ,admission ,fees4--,where the primary public access to a ,system unit is provided by a concessioner1 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 that could otherwise be imposed4 7f7 ,commercial ,tour ,use ,fees4-- 7#a7 ,establishment4--,in the case of each ,system unit for which an admission fee is charged under this section1 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 unit4 7#b7 ,amount4--,the ,secretary shall establish the amount of fee per entry as follows3 7,a7 ,twenty-five dollars per vehicle with a passenger capacity of #be individuals or less4 7,b7 ,fifty dollars per vehicle with a passenger capacity of more than #be individuals4 7#c7 ,adjustments4--,the ,secretary may periodically make reasonable adjustments to the commercial tour use fee imposed under this subsection4 7#d7 ,nonapplicability4--,the commercial tour use fee imposed under this subsection shall not apply to the following3 7,a7 ,any vehicle transporting organized school groups or outings conducted for educational purposes by schools or other bona fide educational institutions4 7,b7 ,any vehicle entering a ,system unit pursuant to a contract issued under subchapter ,,ii of chapter #ajai of this title4 7#e7 ,applicability4--,this subsection shall apply to aircraft entering the airspace of-- 7,a7 ,haleakala ,crater1 ,crater ,cabins1 the ,scientific ,research ,reserve1 ,halemauu ,trail1 ,kaupo ,gap ,trail1 or any designated tourist viewpoint in ,haleakala ,national ,park or of ,grand ,canyon ,national ,park2 or 7,b7 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 7,a74 #ajjije4 ,commercial filming 7a7 ,commercial ,filming ,fee4-- 7#a7 ,in general4--,the ,secretary shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects in a ,system unit4 ,the fee shall provide a fair return to the ,united ,states and shall be based on the following criteria3 7,a7 ,the number of days the filming activity or similar project takes place in the ,system unit4 7,b7 ,the size of the film crew present in the ,system unit4 7,c7 ,the amount and type of equipment present in the ,system unit4 7#b7 ,other factors4--,the ,secretary may include other factors in determining an appropriate fee as the ,secretary considers necessary4 7b7 ,recovery of ,costs4--,the ,secretary shall collect any costs incurred as a result of filming activities or similar projects1 including administrative and personnel costs4 ,all costs recovered shall be in addition to the fee assessed in subsection 7a74 7c7 ,still ,photography4-- 7#a7 ,in general4--,except as provided in paragraph 7#b71 the ,secretary shall not require a permit or assess a fee for still photography in a ,system unit if the photography takes place where members of the public are generally allowed4 ,the ,secretary may require a permit1 assess a fee1 or both1 if the photography takes place at other locations where members of the public are generally not allowed1 or where additional administrative costs are likely4 7#b7 ,exception4--,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 facilities4 7d7 ,protection of ,resources4--,the ,secretary shall not permit any filming1 still photography or other related activity if the ,secretary determines that-- 7#a7 there is a likelihood of resource damage2 7#b7 there would be an unreasonable disruption of the public's use and enjoyment of the site2 or 7#c7 the activity poses health or safety risks to the public4 7e7 ,use of ,proceeds4-- 7#a7 ,fees4--,all fees collected under this section shall be available for expenditure by the ,secretary1 without further appropriation and shall remain available until expended4 7#b7 ,costs4--,all costs recovered under this section shall be available for expenditure by the ,secretary1 without further appropriation1 at the site where the costs are collected and shall remain available until expended4 7f7 ,processing of ,permit ,applications4--,the ,secretary shall establish a process to ensure that the ,secretary responds in a timely manner to permit applicants for commercial filming1 still photography1 or other activity4 #ajjijf4 ,advisory committees 7a7 ,establishment4--,to facilitate the administration of the ,system1 the ,secretary1 under such terms and conditions as the ,secretary may consider advisable1 may appoint and establish advisory committees in regard to the functions of the ,service as the ,secretary considers advisable4 7b7 ,charter ,exception ,on ,renewal4--,section #ad7;b7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 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 law4 7c7 ,service of ,members4--,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 appointed4 7d7 ,compensation and ,travel ,expenses4--,members of an advisory committee established under subsection 7a7 shall receive no compensation for their services as such but shall be allowed necessary travel expenses as authorized by section #egjc of title #e4 ,chapter #ajaa--;,donations ,subchapter ,i-- ,authority of ,secretary ,sec4 #ajaaja4 ,authority to accept land1 rights-of-way1 buildings1 other property1 and money4 #ajaajb4 ,authority to accept and use funds to consolidate ,federal land ownership4 ,subchapter ,,ii-- ,national ,park ,foundation #ajaaaa4 ,purpose and establishment of ,foundation4 #ajaaab4 ,board4 #ajaaac4 ,gifts1 devises1 or bequests4 #ajaaad4 ,disposition of property or income4 #ajaaae4 ,corporate succession and powers and duties acting as trustee2 personal liability for malfeasance4 #ajaaaf4 ,corporate powers4 #ajaaag4 ,authority of ,board4 #ajaaah4 ,tax exemptions2 contributions toward costs of local government2 contributions1 gifts1 or transfers to or for use of ,united ,states4 #ajaaai4 ,liability of ,united ,states4 #ajaabj4 ,promotion of local fundraising support4 ,subchapter ,i--,authority of ,secretary #ajaaja4 ,authority to accept land1 rights-of-way1 buildings1 other property1 and money ,the ,secretary in the administration of the ,service may accept-- 7#a7 patented land1 rights-of-way over patented land or other land1 buildings1 or other property within a ,system unit2 and 7#b7 money that may be donated for the purposes of the ,system4 #ajaajb4 ,authority to accept and use funds to consolidate ,federal land ownership 7a7 ,in ,general4--,the ,secretary may-- 7#a7 accept and use funds that may be donated in order to consolidate ,federal land ownership within the existing boundaries of any ,system unit2 and 7#b7 encourage the donation of funds for that purpose1 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 section4 7b7 ,authorization of ,appropriations4--,there are authorized to be appropriated for each fiscal year not more than #ejj1jjj to match funds that are donated for those purposes4 ,subchapter ,,ii--,national ,park ,foundation #ajaaaa4 ,purpose and establishment of ,foundation ,to encourage private gifts of real and personal property1 or any income from1 or other interest in1 the property1 for the benefit of1 or in connection with1 the ,service1 its activities1 or its services1 and thereby to further the conservation of natural1 scenic1 historic1 scientific1 educational1 inspirational1 or recreational resources for future generations of ,americans1 there is established a charitable and nonprofit corporation to be known as the ,national ,park ,foundation to accept and administer those gifts4 #ajaaab4 ,board 7a7 ,membership4--,the ,national ,park ,foundation shall consist of a ,board having as members the ,secretary1 the ,director1 and no fewer than #f private citizens of the ,united ,states appointed by the ,secretary4 7b7 ,term of ,office and ,vacancies4--,the term of the private citizen members of the ,board is #f years4 ,if a successor is chosen to fill a vacancy occurring prior to the expiration of a term1 the successor shall be chosen only for the remainder of that term4 7c7 ,chairman and ,secretary4--,the ,secretary shall be the ,chairman of the ,board and the ,director shall be the ,secretary of the ,board4 7d7 ,board ,membership ,not an ,office4--,membership on the ,board shall not be an office within the meaning of the statutes of the ,united ,states4 7e7 ,quorum4--,a majority of the members of the ,board serving at any time shall constitute a quorum for the transaction of business4 7f7 ,seal4--,the ,national ,park ,foundation shall have an official seal1 which shall be judicially noticed4 7g7 ,meetings4--,the ,board shall meet at the call of the ,chairman and there shall be at least one meeting each year4 7h7 ,compensation and ,reimbursement4--,no compensation shall be paid to the members of the ,board for their services as members1 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 purposes4 #ajaaac4 ,gifts1 devises1 or bequests 7a7 ,authority ,to ,accept ,gifts1 ,devises1 or ,bequests4-- 7#a7 ,in general4--,the ,national ,park ,foundation may accept1 receive1 solicit1 hold1 administer1 and use any gifts1 devises1 or bequests1 either absolutely or in trust of real or personal property1 or any income from1 or other interest in1 the gift1 devise1 or bequest1 for the benefit of1 or in connection with1 the ,service1 its activities1 or its services4 7#b7 ,gift1 devise1 or bequest that is encumbered1 restricted1 or subject to beneficial interests4--,a gift1 devise1 or bequest may be accepted by the ,national ,park ,foundation even though it is encumbered1 restricted1 or subject to beneficial interests of private persons if any current or future interest in the gift1 devise1 or bequest is for the benefit of the ,service1 its activities1 or its services4 7b7 ,when ,gift1 ,devise1 or ,bequest ,may ,not ,be ,accepted4--,the ,national ,park ,foundation may not accept any gift1 devise1 or bequest that entails any expenditure other than from the resources of the ,foundation4 7c7 ,interest in ,real ,property4--,for purposes of this section1 an interest in real property includes easements or other rights for preservation1 conservation1 protection1 or enhancement by and for the public of natural1 scenic1 historic1 scientific1 educational1 inspirational1 or recreational resources4 #ajaaad4 ,disposition of property or income 7a7 ,authority ,to ,dispose or ,deal ,with ,property or ,income4--,except as otherwise required by the instrument of transfer1 the ,national ,park ,foundation may sell1 lease1 invest1 reinvest1 retain1 or otherwise dispose of or deal with any property or income from the property as the ,board may determine4 7b7 ,restriction4--,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 ,columbia1 except that the ,foundation may make any investment authorized by the instrument of transfer1 and may retain any property accepted by the ,foundation4 7c7 ,use of ,services and ,facilities of the ,departments of the ,interior and ,justice4--,the ,national ,park ,foundation may utilize the services and facilities of the ,department of the ,interior and the ,department of ,justice1 and the services and facilities may be made available on request to the extent practicable with or without reimbursement4 ,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 may1 without further appropriation1 be expended for any purpose for which the account is authorized4 #ajaaae4 ,corporate succession and powers and duties acting as trustee2 personal liability for malfeasance 7a7 ,perpetual ,succession4--,the ,national ,park ,foundation shall have perpetual succession4 7b7 ,powers and ,duties of ,trustee4--,the ,national ,park ,foundation shall have all the usual powers and obligations of a corporation acting as a trustee1 including the power to sue and to be sued in its own name4 7c7 ,personal ,liability of ,board ,members4--,the members of the ,board shall not be personally liable1 except for malfeasance4 #ajaaaf4 ,corporate powers ,the ,national ,park ,foundation shall have the power to enter into contracts1 to execute instruments1 and generally to do any and all lawful acts necessary or appropriate to its purposes4 #ajaaag4 ,authority of ,board ,in carrying out this chapter1 the ,board may-- 7#a7 adopt bylaws and regulations necessary for the administration of its functions2 and 7#b7 contract for any necessary services4 #ajaaah4 ,tax exemptions2 contributions toward costs of local government2 contributions1 gifts1 or transfers to or for use of ,united ,states 7a7 ,tax ,exemption4--,the ,national ,park ,foundation and any income or property received or owned by it1 and all transactions relating to that income or property1 shall be exempt from all ,federal1 ,state1 and local taxation4 7b7 ,contributions ,in ,lieu of ,taxes4--,the ,national ,park ,foundation may-- 7#a7 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 7a7 or by virtue of its being a charitable and nonprofit corporation2 and 7#b7 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 transfer4 7c7 ,transfers ,deemed ,to ,be to or for the ,use of ,united ,states4--,contributions1 gifts1 and other transfers made to or for the use of the ,foundation shall be deemed to be contributions1 gifts1 or transfers to or for the use of the ,united ,states4 #ajaaai4 ,liability of ,united ,states ,the ,united ,states shall not be liable for any debts1 defaults1 acts1 or omissions of the ,national ,park ,foundation4 #ajaabj4 ,promotion of local fundraising support 7a7 ,program4--,the ,national ,park ,foundation shall design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual ,system unit level4 7b7 ,implementation4--,the program under subsection 7a7 shall be implemented to-- 7#a7 assist in the creation of local nonprofit support organizations2 and 7#b7 provide support1 national consistency1 and management-improving suggestions for local nonprofit support organizations4 7c7 ,program4--,the program under subsection 7a7-- 7#a7 shall include the greatest number of ,system units as is practicable2 and 7#b7 at a minimum shall include-- 7,a7 a standard adaptable organizational design format to establish and sustain responsible management of a local nonprofit support organization for support of a ,system unit2 7,b7 standard and legally tenable bylaws and recommended money-handling procedures that can easily be adapted as applied to individual ,system units2 and 7,c7 a standard training curriculum to orient and expand the operating expertise of personnel employed by local nonprofit support organizations4 7d7 ,annual ,report4--,the ,national ,park ,foundation shall report the progress of the program under subsection 7a7 in the annual report of the ,foundation4 7e7 ,affiliations4-- 7#a7 ,charter or corporate bylaws4--,nothing in this section requires-- 7,a7 a nonprofit support organization or friends group to modify current practices or to affiliate with the ,national ,park ,foundation2 or 7,b7 a local nonprofit support organization1 established as a result of this section1 to be bound through its charter or corporate bylaws to be permanently affiliated with the ,national ,park ,foundation4 7#b7 ,establishment4--,an affiliation with the ,national ,park ,foundation shall be established only at the discretion of the governing board of a nonprofit organization4 ,chapter #ajac--;,employees ,subchapter ,i-- ,general ,provisions ,sec4 #ajacja4 ,maintenance management system4 #ajacjb4 ,authority of ,secretary to carry out certain activities4 #ajacjc4 ,medical attention for employees4 #ajacjd4 ,personal equipment and property4 #ajacje4 ,travel expenses of ,system employees and dependents of deceased employees4 ,subchapter ,,ii-- ,service ,career ,development1 ,training1 and ,management #ajacba4 ,service employee training4 #ajacbb4 ,management development and training4 ,subchapter ,,iii-- ,housing ,improvement #ajacca4 ,definitions4 #ajaccb4 ,general authority of ,secretary4 #ajaccc4 ,criteria for providing housing4 #ajaccd4 ,authorization for housing agreements4 #ajacce4 ,housing programs4 #ajaccf4 ,contracts for the management of field employee quarters4 #ajaccg4 ,leasing of seasonal employee quarters4 #ajacch4 ,general leasing provisions4 #ajacci4 ,assessment and priority listing4 #ajacdj4 ,use of funds4 ,subchapter ,i--,general ,provisions #ajacja4 ,maintenance management system ,the ,service shall implement a maintenance management system in the maintenance and operations programs of the ,system4 ,the system shall include the following elements3 7#a7 ,a workload inventory of assets including detailed information that quantifies for all assets 7including buildings1 roads1 utility systems1 and grounds that must be maintained7 the characteristics affecting the type of maintenance work performed4 7#b7 ,a set of maintenance tasks that describe the maintenance work in each ,system unit4 7#c7 ,a description of work standards including-- 7,a7 frequency of maintenance2 7,b7 measurable quality standard to which assets should be maintained2 7,c7 methods for accomplishing work2 7,d7 required labor1 equipment1 and material resources2 and 7,e7 expected worker production for each maintenance task4 7#d7 ,a work program and performance budget that develops an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task4 7#e7 ,a work schedule that identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources4 7#f7 ,work orders specifying job authorizations and a record of work accomplished that can be used to record actual labor and material costs4 7#g7 ,reports and special analyses that compare planned versus actual accomplishments and costs and that can be used to evaluate maintenance operations4 #ajacjb4 ,authority of ,secretary to carry out certain activities 7a7 ,in ,general4--,to facilitate the administration of the ,system1 the ,secretary1 under such terms and conditions as the ,secretary may consider advisable1 may carry out the activities described in this section4 7b7 ,transportation4--,the ,secretary may provide transportation of employees located at an isolated area of the ,system and to members of their families1 if-- 7#a7 the area is not adequately served by commercial transportation2 and 7#b7 the transportation is incidental to official transportation services4 7c7 ,recreation ,facilities1 ,equipment1 and ,services4--,the ,secretary may provide recreation facilities1 equipment1 and services for use by employees and their families located at an isolated area of the ,system4 7d7 ,field and ,special ,purpose ,equipment4--,the ,secretary may purchase field and special purpose equipment required by employees for the performance of assigned functions4 ,the purchased equipment shall be regarded and listed as ,system equipment4 7e7 ,meals and ,lodging4--,the ,secretary may provide meals and lodging1 as the ,secretary considers appropriate1 for members of the ,united ,states ,park ,police and other employees of the ,service1 as the ,secretary may designate1 serving temporarily on extended special duty in ,system units4 ,for this purpose the ,secretary may use funds appropriated for the expenses of the ,department of the ,interior4 #ajacjc4 ,medical attention for employees 7a7 ,in ,general4--,in the administration of the ,service1 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 service4 7b7 ,employees ,located at ,isolated ,situations4--,the ,secretary may provide1 out of amounts appropriated for the general expense of the ,system units1 medical attention for employees of the ,service located at isolated situations1 including-- 7#a7 moving the employees to hospitals or other places where medical assistance is available2 and 7#b7 in case of death1 to remove the bodies of deceased employees to the nearest place where they can be prepared for shipment or for burial4 #ajacjd4 ,personal equipment and property 7a7 ,purchase of ,personal ,equipment and ,supplies4--,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 employees4 7b7 ,lost1 ,damaged1 or ,destroyed ,property4--,the ,secretary1 in the administration of the ,service1 may reimburse employees and other owners of horses1 vehicles1 and other equipment lost1 damaged1 or destroyed while in the custody of the employee or the ,department of the ,interior1 under authorization1 contract1 or loan1 for necessary firefighting1 trail1 or other official business4 ,reimbursement shall be made from any available funds in the appropriation to which the hire of the equipment would be properly chargeable4 7c7 ,equipment ,required ,to ,be ,furnished by ,field ,employees4--,the ,secretary may-- 7#a7 require field employees of the ,service to furnish horses1 motor and other vehicles1 and miscellaneous equipment necessary for the performance of their official work2 and 7#b7 provide1 at ,federal ,government expense1 forage1 care1 and housing for animals1 and housing or storage and fuel for vehicles and other equipment required to be furnished4 7d7 ,hire1 ,rental1 and ,purchase of ,property4--,the ,secretary1 under regulations the ,secretary may prescribe1 may authorize the hire1 rental1 or purchase of property from employees of the ,service whenever it would promote the public interest to do so4 #ajacje4 ,travel expenses of ,system employees and dependents of deceased employees ,in the administration of the ,system1 the ,secretary may1 under regulations the ,secretary may prescribe1 pay the travel expenses 7including the costs of packing1 crating1 and transporting 7including draying7 personal property7 of-- 7#a7 employees1 on permanent change of station of the employees2 and 7#b7 dependents of deceased employees-- 7,a7 to the nearest housing reasonably available that is of a standard not less than that which is vacated1 including compensation for not to exceed #fj days rental cost1 in the case of an employee who occupied ,federal ,government housing and whose death requires the housing to be promptly vacated2 and 7,b7 to the nearest port of entry in the conterminous #dh ,states in the case of an employee whose last permanent station was outside the conterminous #dh ,states4 ,subchapter ,,ii--,service ,career ,development1 ,training1 and ,management #ajacba4 ,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 knowledge1 skills1 and abilities with which to manage1 interpret1 and protect the resources of the ,system4 #ajacbb4 ,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 training1 experience1 and advancement opportunity to enable those qualified to move into ,system unit management positions1 including the position of superintendent of a ,system unit4 ,subchapter ,,iii--,housing ,improvement #ajacca4 ,definitions ,in this subchapter3 7#a7 ,field employee4--,the term 8field employee0 means-- 7,a7 an employee of the ,service who is exclusively assigned by the ,service to perform duties at a field unit1 and the members of the employee's family2 and 7,b7 any other individual who is authorized to occupy ,federal ,government quarters under section #eiaa of title #e1 and for whom there is no feasible alternative to the provision of ,federal ,government housing1 and the members of the individual's family4 7#b7 ,primary resource values4--,the term 8primary resource values0 means resources that are specifically mentioned in the enabling legislation for that field unit or other resource value recognized under ,federal statute4 7#c7 ,quarters4--,the term 8quarters0 means quarters owned or leased by the ,federal ,government4 7#d7 ,seasonal quarters4--,the term 8seasonal quarters0 means quarters typically occupied by field employees who are hired on assignments of #f months or less4 #ajaccb4 ,general authority of ,secretary 7a7 ,rental ,housing4--,to enhance the ability of the ,secretary1 acting through the ,director1 to effectively manage ,system units1 the ,secretary may where necessary and justified-- 7#a7 make available employee housing1 on or off land under the administrative jurisdiction of the ,service2 and 7#b7 rent that housing to field employees at rates based on the reasonable value of the housing in accordance with requirements applicable under section #eiaa of title #e4 7b7 ,joint ,development ,authority4--,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 housing4 7c7 ,construction ,limitations on ,federal ,land4--,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 ,service4 7d7 ,rental ,rates4--,to the extent practicable1 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 #eiaa of title #e4 #ajaccc4 ,criteria for providing housing ,the ,secretary shall maintain criteria under which housing is provided to employees of the ,service4 ,the ,secretary shall examine the criteria with respect to the circumstances under which the ,service requires an employee to occupy ,federal ,government quarters1 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 area4 #ajaccd4 ,authorization for housing agreements ,the ,secretary may1 pursuant to the authorities contained in this subchapter and subject to the appropriation of necessary funds in advance1 enter into housing agreements with housing entities under which the housing entities may develop1 construct1 rehabilitate1 or manage housing1 located on or off public land1 for rent to ,service employees who meet the housing eligibility criteria developed by the ,secretary pursuant to this subchapter4 #ajacce4 ,housing programs 7a7 ,joint ,public-,private ,sector ,housing ,program4-- 7#a7 ,lease-to-build program4--,subject to the appropriation of necessary funds in advance1 the ,secretary may lease-- 7,a7 ,federal land and interests in land to qualified persons for the construction of field employee quarters for any period not to exceed #ej years2 and 7,b7 developed and undeveloped non-,federal land for providing field employee quarters4 7#b7 ,competitive leasing4--,each lease under paragraph 7#a77;,a7 shall be awarded through the use of publicly advertised1 competitively bid1 or competitively negotiated contracting procedures4 7#c7 ,terms and conditions4--,each lease under paragraph 7#a77;,a7-- 7,a7 shall stipulate whether operation and maintenance of field employee quarters is to be provided by the lessee1 field employees1 or the ,federal ,government2 7,b7 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 standards2 7,c7 shall contain additional terms and conditions as may be appropriate to protect the ,federal interest1 including limits on rents that the lessee may charge field employees for the occupancy of quarters1 conditions on maintenance and repairs1 and agreements on the provision of charges for utilities and other infrastructure2 and 7,d7 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 quarters4 7#d7 ,contributions by federal government4--,the ,secretary may make payments1 subject to appropriations1 or contributions in kind1 in advance or on a continuing basis1 to reduce the costs of planning1 construction1 or rehabilitation of quarters on or off ,federal land under a lease under this subsection4 7b7 ,rental ,guarantee ,program4-- 7#a7 ,general authority4--,subject to the appropriation of necessary funds in advance1 the ,secretary may enter into a lease-to-build arrangement as set forth in subsection 7a7 with further agreement to guarantee the occupancy of field employee quarters constructed or rehabilitated under the lease4 ,a guarantee made under this paragraph shall be in writing4 7#b7 ,limitations on guarantees4-- 7,a7 ,specific guarantees4--,the ,secretary may not guarantee-- 7i7 the occupancy of more than #ge percent of the units constructed or rehabilitated under the lease2 and 7ii7 at a rental rate that exceeds the rate based on the reasonable value of the housing in accordance with requirements applicable under section #eiaa of title #e4 7,b7 ,total of outstanding guarantees4--,outstanding guarantees shall not be in excess of #c1jjj1jjj4 7#c7 ,agreement to rent to federal government employees4--,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 made4 7#d7 ,operation and maintenance4--,a lease shall be void if the lessee fails to maintain a satisfactory level of operation and maintenance4 #ajaccf4 ,contracts for the management of field employee quarters ,subject to the appropriation of necessary funds in advance1 the ,secretary may enter into contracts of any duration for the management1 repair1 and maintenance of field employee quarters4 ,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 employees4 #ajaccg4 ,leasing of seasonal employee quarters 7a7 ,general ,authority4--,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-- 7#a7 the requirement for the seasonal field employee quarters is temporary2 or 7#b7 leasing would be more cost-effective than construction of new seasonal field employee quarters4 7b7 ,rent4--,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 #eiaa of title #e4 7c7 ,unrecovered ,costs4--,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 made4 #ajacch4 ,general leasing provisions 7a7 ,exemption ,from ,leasing ,requirements4--,section #ajbija of this title and section #acjb of title #dj shall not apply to leases issued by the ,secretary under this section4 7b7 ,proceeds ,from ,leases4--,the proceeds from any lease under section #ajacce7;a77#a7 of this title and any lease under section #ajaccg of this title shall be retained by the ,service and deposited in the special fund established for maintenance and operation of quarters4 #ajacci4 ,assessment and priority listing ,the ,secretary shall-- 7#a7 complete a condition assessment for all field employee housing1 including the physical condition of the housing and the necessity and suitability of the housing for carrying out the mission of the ,service1 using existing information2 and 7#b7 develop a ,service-wide priority listing1 by structure1 identifying the units in greatest need for repair1 rehabilitation1 replacement1 or initial construction4 #ajacdj4 ,use of funds 7a7 ,expenditure ,shall ,follow ,priority ,listing4--,expenditure of any funds authorized and appropriated for new construction1 repair1 or rehabilitation of housing under this chapter shall follow the housing priority listing established by the ,secretary under section #ajacci of this title1 in sequential order1 to the maximum extent practicable4 7b7 ,nonconstruction ,funds in ,annual ,budget ,submittal4--,each fiscal year 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 collected4 ,chapter #ajae--,transportation ,subchapter ,i-- ,airports ,sec4 #ajaeja4 ,airports in or near ,system units4 ,subchapter ,,ii-- ,roads and ,trails #ajaeaa4 ,authority of ,secretary4 #ajaeab4 ,conveyance to ,states of roads leading to certain historical areas4 ,subchapter ,,iii-- ,public ,transportation ,programs for ,system ,units #ajaeba4 ,transportation service and facility programs4 #ajaebb4 ,transportation projects4 #ajaebc4 ,procedures applicable to transportation plans and projects4 #ajaebd4 ,special rule for service contract to provide transportation services4 ,subchapter ,,iv-- ,fees #ajaeca4 ,fee for use of transportation services4 ,subchapter ,i--,airports #ajaeja4 ,airports in or near ,system units 7a7 ,definitions4--,in this section1 the terms 8airport01 8project01 8project costs01 8public agency01 and 8sponsor0 have the meanings given the terms in section #dgajb of title #di4 7b7 ,acquisition1 ,operation1 and ,maintenance of ,airports4-- 7#a7 ,authorization4--,the ,secretary may plan1 acquire1 establish1 construct1 enlarge1 improve1 maintain1 equip1 operate1 regulate1 and protect airports in the continental ,united ,states in1 or in close proximity to1 ,system units1 when the ,secretary determines that the airports are necessary to the proper performance of the functions of the ,department of the ,interior4 7#b7 ,inclusion in national plan4--,the ,secretary shall not acquire1 establish1 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 #dgajc of title #di4 7#c7 ,operation and maintenance must accord with standards and regulations of secretary of transportation4--,the operation and maintenance of airports under this section shall be in accordance with the standards and regulations prescribed by the ,secretary of ,transportation4 7c7 ,authority of ,secretary4-- 7#a7 ,in general4--,to carry out this section1 the ,secretary may-- 7,a7 acquire necessary land and interests in or over land2 7,b7 contract for the construction1 improvement1 operation1 and maintenance of airports and incidental facilities2 7,c7 enter into agreements with other public agencies providing for the construction1 operation1 or maintenance of airports by those agencies or jointly by the ,secretary and those agencies on mutually satisfactory terms2 and 7,d7 enter into other agreements and take other action with respect to the airports as may be necessary to carry out this section4 7#b7 ,consent required4--,this section does not authorize the ,secretary to acquire any land1 or interest in or over land1 by purchase1 condemnation1 grant1 or lease1 without first obtaining the consent of the ,governor of the ,state1 and the consent of the chief executive official of the ,state political subdivision1 in which the land is located4 7d7 ,authorization ,to ,sponsor ,airport ,projects4--,to carry out this section1 the ,secretary may-- 7#a7 sponsor projects under subchapter ,i of chapter #dga of title #di independently or jointly with other public agencies2 and 7#b7 use1 for payment of the sponsor's share of the project costs of those projects1 any funds that may be-- 7,a7 contributed or otherwise made available to the ,secretary for those purposes2 or 7,b7 appropriated or otherwise specifically authorized for that purpose4 7e7 ,jurisdiction ,over ,airports4--,all airports under the jurisdiction of the ,secretary1 unless otherwise specifically provided by law1 shall be operated as public airports1 available for public use on fair and reasonable terms and without unjust discrimination4 ,subchapter ,,ii--,roads and ,trails #ajaeaa4 ,authority of ,secretary 7a7 ,roads and ,trails in ,system ,units4--,the ,secretary may construct1 reconstruct1 and improve roads and trails1 including bridges1 in ,system units4 7b7 ,approach ,roads4-- 7#a7 ,in general4-- 7,a7 ,designation4--,when the ,secretary determines it to be in the public interest1 the ,secretary may designate1 as ,system unit approach roads1 roads whose primary value is to carry ,system unit travel and that lead across land at least #ij 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 ,system4 7,b7 ,limit on length of approach roads4-- 7i7 ,in general4--,a designated approach road shall not exceed-- 7,i7 #fj miles in length between a ,system unit gateway and a point on or leading to the nearest convenient ,national ,highway ,system road2 or 7,,ii7 #cj miles in length if the approach road is on the ,national ,highway ,system4 7ii7 ,county limit4--,not to exceed #dj miles of any one approach road shall be designated in any one county4 7,c7 ,supplementary part of system unit highway system4--,an approach road designated for a ,system unit shall be treated as a supplementary part of the highway system of the ,system unit4 7#b7 ,construction1 reconstruction1 and improvement4-- 7,a7 ,in general4--,the ,secretary may construct1 reconstruct1 and improve approach roads designated under paragraph 7#a7 7including bridges7 and enter into agreements for the maintenance of the approach roads by ,state or county authorities or to maintain the approach roads when otherwise necessary4 7,b7 ,annual allocation4--,not more than #a1ejj1jjj shall be allocated annually for the construction1 reconstruction1 and improvement of ,system unit approach roads4 7#c7 ,approval of secretary of agriculture required4--,when an approach road is proposed under this section across or within any national forest1 the ,secretary shall secure the approval of the ,secretary of ,agriculture before construction begins4 7c7 ,agreement ,with ,secretary of ,transportation4--,under agreement with the ,secretary1 the ,secretary of ,transportation may carry out any provision of this section4 #ajaeab4 ,conveyance to ,states of roads leading to certain historical areas 7a7 ,definition4--,in this section1 the term 8,state0 means a ,state1 ,puerto ,rico1 ,guam1 and the ,virgin ,islands4 7b7 ,authority of ,secretary4--,the ,secretary may1 subject to conditions as seem proper to the ,secretary1 convey by proper quitclaim deed to any ,state1 county1 municipality1 or agency of a ,state1 county1 or municipality in which the road is located1 all right1 title1 and interest of the ,united ,states in and to any ,federal ,government owned or controlled road leading to any national cemetery1 national military park1 national historical park1 national battlefield park1 or national historic site administered by the ,service4 7c7 ,notification by ,state1 ,agency1 or ,municipality4--,prior to the delivery of any conveyance of a road under this section1 the ,state1 county1 or municipality to which the conveyance is to be made shall notify the ,secretary in writing of its willingness to accept and maintain the road4 7d7 ,transfer of ,jurisdiction4--,on the execution and delivery of the conveyance of a road under this section1 any jurisdiction previously ceded to the ,united ,states by a ,state over the road is retroceded and shall vest in the ,state in which the road is located4 ,subchapter ,,iii--,public ,transportation ,programs for ,system ,units #ajaeba4 ,transportation service and facility programs 7a7 ,formulation of ,plans and ,implementation of ,projects4--,the ,secretary may formulate transportation plans and implement transportation projects where feasible pursuant to those plans for ,system units4 7b7 ,contracts1 ,operations1 and ,acquisitions for ,improvement of ,access to ,system ,units4-- 7#a7 ,authority of secretary4--,to carry out subsection 7a71 the ,secretary may-- 7,a7 contract with public or private agencies or carriers to provide transportation services1 capital equipment1 or facilities to improve access to ,system units2 7,b7 operate those services directly in the absence of suitable and adequate agencies or carriers2 7,c7 acquire1 by purchase1 lease1 or agreement1 capital equipment for those services2 and 7,d7 where necessary to carry out this subchapter1 acquire1 by lease1 purchase1 donation1 exchange1 or transfer1 land1 water1 or an interest in land or water that is situated outside the boundary of a ,system unit4 7#b7 ,specific provisions related to property acquisition4-- 7,a7 ,administration4--,the acquired property shall be administered as part of the ,system unit4 7,b7 ,acquistion of land or interests in land owned by state or political subdivision4--,any land or interests in land owned by a ,state or any of its political subdivisions may be acquired only by donation4 7,c7 ,acquisition subject to statutory limitations4--,any land acquisition shall be subject to any statutory limitations on methods of acquisition and appropriations as may be specifically applicable to the area4 7c7 ,establishment of ,information ,programs4--,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 units4 7d7 ,undertaking ,transportation ,facilities and ,services4--,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 ,federal1 ,state1 or local law respecting determinations of public convenience and necessity or other similar matters4 ,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 necessity4 ,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 subchapter4 7e7 ,construction of ,grant of ,authority ,respecting ,operation of ,motor ,vehicles ,excepted ,from ,statutory ,coverage4--,no grant of authority in this subchapter shall be deemed to expand the exemption of section #acejf7;a77#i7 of title #di4 #ajaebb4 ,transportation projects 7a7 ,assistance of ,heads of ,other ,federal ,departments and ,agencies in ,formulation and ,implementation4--,to carry out this subchapter1 the ,secretary of ,transportation1 the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,commerce1 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 projects4 7b7 ,compilation of ,statutes and ,programs4--,the ,secretary shall maintain a compilation of ,federal statutes and programs providing authority for the planning1 funding1 or operation of transportation projects that might be utilized by the ,secretary to carry out this subchapter4 #ajaebc4 ,procedures applicable to transportation plans and projects 7a7 ,during ,formulation of ,plan4--,the ,secretary shall1 during the formulation of any transportation plan authorized pursuant to section #ajaeba of this title-- 7#a7 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 unit2 and 7#b7 following the notice1 hold a public meeting at a location convenient to the affected ,system unit4 7b7 ,prior to ,implementation of ,project4--,prior to the implementation of any project developed pursuant to the transportation plan formulated pursuant to subsection 7a71 the ,secretary shall-- 7#a7 establish procedures1 including public meetings1 to give ,state and local governments and the public adequate notice and an opportunity to comment on the proposed transportation project2 and 7#b7 when the proposed project would involve an expenditure in excess of #ajj1jjj in any fiscal year1 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 ,representatives4 7c7 ,waiting ,period4--,when a report on a project is required under subsection 7b77#b71 the ,secretary may proceed with the implementation of the project only after #fj days 7not counting days on which the ,senate or ,house of ,representatives has adjourned for more than #c consecutive days7 have elapsed following submission of the report4 #ajaebd4 ,special rule for service contract to provide transportation services ,notwithstanding any other provision of law1 a service contract entered into by the ,secretary for the provision solely of transportation services in a ,system unit shall be not more than #aj years in length1 including a base period of #e years and annual extensions for up to an additional #e years based on satisfactory performance and approval by the ,secretary4 ,subchapter ,,iv--,fees #ajaeca4 ,fee for use of transportation services ,notwithstanding any other provision of law1 where the ,service or an entity under a service contract1 cooperative agreement1 or other contractual agreement with the ,service provides transportation to all or a portion of any ,system unit1 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 paid4 ,collection of the transportation and admission fees may occur at the transportation staging area or any other reasonably convenient location determined by the ,secretary4 ,the ,secretary may enter into agreements1 with public or private entities that qualify to the ,secretary's satisfaction1 to collect the transportation and admission fee4 ,transportation fees collected pursuant to this section shall be retained by the ,system unit at which the transportation fee was collected1 and the amount retained shall be expended only for costs associated with the transportation systems at the ,system unit where the charge was imposed4 ,chapter #ajag--;,financial ,agreements ,sec4 #ajagja4 ,challenge cost-share agreement authority4 #ajagjb4 ,cooperative agreements4 #ajagjc4 ,cooperative management agreements4 #ajagjd4 ,reimbursable agreements4 #ajagja4 ,challenge cost-share agreement authority 7a7 ,definitions4--,in this section3 7#a7 ,challenge cost-share agreement4--,the term 8challenge cost-share agreement0 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 program1 any affiliated area1 or any designated national scenic trail or national historic trail4 7#b7 ,cooperator4--,the term 8cooperator0 means any ,state or local government1 public or private agency1 organization1 institution1 corporation1 individual1 or other entity4 7b7 ,authority ,to ,enter ,into ,challenge ,cost-,share ,agreements4--,the ,secretary may negotiate and enter into challenge cost-share agreements with cooperators4 7c7 ,source of ,federal ,share4--,in carrying out challenge cost-share agreements1 the ,secretary may provide the ,federal funding share from any funds available to the ,service4 #ajagjb4 ,cooperative agreements 7a7 ,transfer of ,service ,appropriated ,funds4--,a cooperative agreement entered into by the ,secretary that involves the transfer of ,service appropriated funds to a ,state1 local1 or tribal government or other public entity1 an educational institution1 or a private nonprofit organization to carry out public purposes of a ,service program is a cooperative agreement properly entered into under section #fcje of title #ca4 7b7 ,cooperative ,research and ,training ,programs4-- 7#a7 ,in general4--,to facilitate the administration of the ,system1 the ,secretary1 under such terms and conditions as the ,secretary may consider advisable1 may-- 7,a7 enter into cooperative agreements with public or private educational institutions1 ,states1 and political subdivisions of ,states to develop adequate1 coordinated1 cooperative research and training programs concerning the resources of the ,system2 and 7,b7 pursuant to an agreement1 accept from and make available to the cooperator technical and support staff1 financial assistance for mutually agreed upon research projects1 supplies and equipment1 facilities1 and administrative services relating to cooperative research units that the ,secretary considers appropriate4 7#b7 ,effect of subsection4--,this subsection does not waive any requirements for research projects that are subject to ,federal procurement regulations4 7c7 ,sale of ,products and ,services ,produced in the ,conduct of ,living ,exhibits and ,interpretive ,demonstrations4--,to facilitate the administration of the ,system1 the ,secretary1 under such terms and conditions as the ,secretary considers advisable1 may-- 7#a7 sell at fair market value1 without regard to the requirements of chapters #a to #aa of title #dj and division ,c 7except sections #ccjb1 #ccjg7;e71 #ceja7;b71 #ceji1 #cijf1 #dgaj1 and #dgaa7 of subtitle ,i of title #da1 products and services produced in the conduct of living exhibits and interpretive demonstrations in ,system units2 7#b7 enter into contracts1 including cooperative arrangements1 with respect to living exhibits and interpretive demonstrations in ,system units2 and 7#c7 credit the proceeds from those sales and contracts to the appropriation bearing the cost of the exhibits and demonstrations4 7d7 ,cooperative ,agreements for ,system ,unit ,natural ,resource ,protection4-- 7#a7 ,in general4--,the ,secretary may enter into cooperative agreements with ,state1 local1 or tribal governments1 other ,federal agencies1 other public entities1 educational institutions1 private nonprofit organizations1 or participating private landowners for the purpose of protecting natural resources of ,system units through collaborative efforts on land inside and outside the ,system units4 7#b7 ,terms and conditions4--,a cooperative agreement entered into under paragraph 7#a7 shall provide clear and direct benefits to ,system unit natural resources and-- 7,a7 provide for-- 7i7 the preservation1 conservation1 and restoration of coastal and riparian systems1 watersheds1 and wetlands2 7ii7 preventing1 controlling1 or eradicating invasive exotic species that are within a ,system unit or adjacent to a ,system unit2 or 7iii7 restoration of natural resources1 including native wildlife habitat or ecosystems2 7,b7 include a statement of purpose demonstrating how the agreement will-- 7i7 enhance science-based natural resource stewardship at the ,system unit2 and 7ii7 benefit the parties to the agreement2 7,c7 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-- 7i7 protect natural resources of the ,system unit2 and 7ii7 benefit the parties to the agreement2 7,d7 identify any materials1 supplies1 or equipment and any other resources that will be contributed by the parties to the agreement or by other ,federal agencies2 7,e7 describe any financial assistance to be provided by the ,secretary or the partners to implement the agreement2 7,f7 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 unit2 and 7,g7 include such other terms and conditions as are agreed to by the ,secretary and the other parties to the agreement4 7#c7 ,limitations4--,the ,secretary shall not use any funds associated with an agreement entered into under paragraph 7#a7 for the purposes of land acquisition1 regulatory activity1 or the development1 maintenance1 or operation of infrastructure1 except for ancillary support facilities that the ,secretary determines to be necessary for the completion of projects or activities identified in the agreement4 #ajagjc4 ,cooperative management agreements 7a7 ,in ,general4--,to facilitate the administration of the ,system1 the ,secretary1 under such terms and conditions as the ,secretary considers advisable1 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 area1 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 park4 ,the ,secretary may not transfer administration responsibilities for any ,system unit under this paragraph4 7b7 ,provision of ,goods and ,services4--,under a cooperative management agreement1 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 land4 7c7 ,assignment of ,employee4--,an assignment arranged by the ,secretary under section #ccgb of title #e of a ,federal1 ,state1 or local employee for work on any ,federal1 ,state1 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 beneficial4 #ajagjd4 ,reimbursable agreements 7a7 ,in ,general4--,in carrying out work under reimbursable agreements with any ,state1 local1 or tribal government1 the ,secretary1 without regard to any provision of law or a regulation-- 7#a7 may record obligations against accounts receivable from those governments2 and 7#b7 shall credit amounts received from those governments to the appropriate account4 7b7 ,when ,amounts ,shall ,be ,credited4--,amounts shall be credited within #ij days of the date of the original request by the ,service for payment4 ,chapter #ajai--;,concessions and ,commercial ,use ,authorizations ,subchapter ,i-- ,authority of ,secretary ,sec4 #ajaija4 ,utility services4 ,subchapter ,,ii-- ,commercial ,visitor ,services #ajaiaa4 ,definitions4 #ajaiab4 ,findings and declaration of policy4 #ajaiac4 ,award of concession contracts4 #ajaiad4 ,term of concession contracts4 #ajaiae4 ,protection of concessioner investment4 #ajaiaf4 ,reasonableness of rates and charges4 #ajaiag4 ,franchise fees4 #ajaiah4 ,transfer or conveyance of concession contracts or leasehold surrender interests4 #ajaiai4 ,national ,park ,service ,concessions ,management ,advisory ,board4 #ajaibj4 ,contracting for services4 #ajaiba4 ,multiple contracts within a ,system unit4 #ajaibb4 ,use of nonmonetary consideration in concession contracts4 #ajaibc4 ,recordkeeping requirements4 #ajaibd4 ,promotion of sale of ,indian1 ,alaska ,native1 ,native ,samoan1 and ,native ,hawaiian handicrafts4 #ajaibe4 ,commercial use authorizations4 #ajaibf4 ,regulations4 ,subchapter ,i--,authority of ,secretary #ajaija4 ,utility services ,to facilitate the administration of the ,system1 the ,secretary1 under such terms and conditions as the ,secretary considers advisable1 may furnish1 on a reimbursement of appropriation basis1 all types of utility services to concessioners1 contractors1 permittees1 or other users of the services1 within the ,system4 ,the reimbursements for cost of the services may be credited to the appropriation current at the time reimbursements are received4 ,subchapter ,,ii--,commercial ,visitor ,services #ajaiaa4 ,definitions ,in this subchapter3 7#a7 ,advisory board4--,the term 8,advisory ,board0 means the ,national ,park ,service ,concessions ,management ,advisory ,board established under section #ajaiai of this title4 7#b7 ,preferential right of renewal4--,the term 8preferential right of renewal0 means the right of a concessioner1 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 #ajaiab of this title1 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 contract4 #ajaiab4 ,findings and declaration of policy 7a7 ,findings4--,in furtherance of section #ajjaja7;a71 ,congress finds that the preservation and conservation of ,system unit resources and values requires that public accommodations1 facilities1 and services that have to be provided within those ,system units should be provided only under carefully controlled safeguards against unregulated and indiscriminate use1 so that-- 7#a7 visitation will not unduly impair those resources and values2 and 7#b7 development of public accommodations1 facilities1 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 units4 7b7 ,declaration of ,policy4--,it is the policy of ,congress that the development of public accommodations1 facilities1 and services in ,system units shall be limited to accommodations1 facilities1 and services that-- 7#a7 are necessary and appropriate for public use and enjoyment of the ,system unit in which they are located2 and 7#b7 are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the ,system unit4 #ajaiac4 ,award of concession contracts ,in furtherance of the findings and policy stated in section #ajaiab of this title1 and except as provided by this subchapter or otherwise authorized by law1 the ,secretary shall utilize concession contracts to authorize a person1 corporation1 or other entity to provide accommodations1 facilities1 and services to visitors to ,system units4 ,concession contracts shall be awarded as follows3 7#a7 ,competitive selection process4--,except as otherwise provided in this section1 all proposed concession contracts shall be awarded by the ,secretary to the person1 corporation1 or other entity submitting the best proposal1 as determined by the ,secretary through a competitive selection process4 ,the competitive process shall include simplified procedures for small1 individually-owned entities seeking award of a concession contract4 7#b7 ,solicitation of proposals4--,except as otherwise provided in this section1 prior to awarding a new concession contract 7including renewals or extensions of existing concession contracts7 the ,secretary-- 7,a7 shall publicly solicit proposals for the concession contract2 and 7,b7 in connection with the solicitation1 shall-- 7i7 prepare a prospectus and publish notice of its availability at least once in local or national newspapers or trade publications1 by electronic means1 or both1 as appropriate2 and 7ii7 make the prospectus available on request to all interested persons4 7#c7 ,information to be included in prospectus4--,the prospectus shall include the following information3 7,a7 ,the minimum requirements for the contract as set forth in paragraph 7#d74 7,b7 ,the terms and conditions of any existing concession contract relating to the services and facilities to be provided1 including all fees and other forms of compensation provided to the ,united ,states by the concessioner4 7,c7 ,other authorized facilities or services that may be provided in a proposal4 7,d7 ,facilities and services to be provided by the ,secretary to the concessioner1 including public access1 utilities1 and buildings4 7,e7 ,an estimate of the amount of compensation due an existing concessioner from a new concessioner under the terms of a prior concession contract4 7,f7 ,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 process4 7,g7 ,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 ,secretary1 as the ,secretary determines is necessary to allow for the submission of competitive proposals4 7,h7 ,where applicable1 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#g74 7#d7 ,consideration of proposals4-- 7,a7 ,minimum requirements4--,no proposal shall be considered that fails to meet the minimum requirements as determined by the ,secretary4 ,the minimum requirements shall include the following3 7i7 ,the minimum acceptable franchise fee or other forms of consideration to the ,federal ,government4 7ii7 ,any facilities1 services1 or capital investment required to be provided by the concessioner4 7iii7 ,measures necessary to ensure the protection1 conservation1 and preservation of resources of the ,system unit4 7,b7 ,rejection of proposal4--,the ,secretary shall reject any proposal1 regardless of the franchise fee offered1 if the ,secretary determines that-- 7i7 the person1 corporation1 or entity is not qualified or is not likely to provide satisfactory service2 or 7ii7 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 rates4 7,c7 ,all proposals fail to meet mimimum requirements or are rejected4--,if all proposals submitted to the ,secretary fail to meet the minimum requirements or are rejected by the ,secretary1 the ,secretary shall establish new minimum contract requirements and re-initiate the competitive selection process pursuant to this section4 7,d7 ,terms and conditions materially amended or not incorporated in contract4--,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 prospectus4 ,if proposed material amendments or changes are considered appropriate by the ,secretary1 the ,secretary shall resolicit offers for the concession contract incorporating the material amendments or changes4 7#e7 ,selection of the best proposal4-- 7,a7 ,factors in selection4--,in selecting the best proposal1 the ,secretary shall consider the following principal factors3 7i7 ,the responsiveness of the proposal to the objectives of protecting1 conserving1 and preserving resources of the ,system unit and of providing necessary and appropriate facilities and services to the public at reasonable rates4 7ii7 ,the experience and related background of the person1 corporation1 or entity submitting the proposal1 including the past performance and expertise of the person1 corporation or entity in providing the same or similar facilities or services4 7iii7 ,the financial capability of the person1 corporation1 or entity submitting the proposal4 7iv7 ,the proposed franchise fee1 except that consideration of revenue to the ,united ,states shall be subordinate to the objectives of protecting1 conserving1 and preserving resources of the ,system unit and of providing necessary and appropriate facilities to the public at reasonable rates4 7,b7 ,secondary factors4--,the ,secretary may also consider such secondary factors as the ,secretary considers appropriate4 7,c7 ,development of regulations4--,in developing regulations to implement this subchapter1 the ,secretary shall consider the extent to which plans for employment of ,indians 7including ,native ,alaskans7 and involvement of businesses owned by ,indians1 ,indian tribes1 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 section4 7#f7 ,congressional notification4-- 7,a7 ,in general4--,the ,secretary shall submit any proposed concession contract with anticipated annual gross receipts in excess of #e1jjj1jjj or a duration of more than #aj years to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7,b7 ,waiting period4--,the ,secretary shall not award any proposed concession contract to which subparagraph 7,a7 applies until at least #fj days subsequent to the notification of both ,committees4 7#g7 ,preferential right of renewal4-- 7,a7 ,in general4--,except as provided in subparagraph 7,b71 the ,secretary shall not grant a concessioner a preferential right to renew a concession contract1 or any other form of preference to a concession contract4 7,b7 ,exception4--,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 7#h71 subject to the requirements of that paragraph4 7,c7 ,entitlement to award of new contract4--,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 applies4 7#h7 ,outfitter and guide services and small contracts4-- 7,a7 ,application4--,paragraph 7#g7 shall apply only to the following3 7i7 ,subject to subparagraph 7,b71 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 activity4 7ii7 ,subject to subparagraph 7,c71 concession contracts with anticipated annual gross receipts under #ejj1jjj4 7,b7 ,outfitting and guide concessioners4-- 7i7 ,description4--,outfitting and guide concessioners1 where otherwise qualified1 include concessioners that provide guided river running1 hunting1 fishing1 horseback1 camping1 and mountaineering experiences4 7ii7 ,when entitled to preferential right4--,an outfitting and guide concessioner is entitled to a preferential right of renewal under this subchapter only if-- 7,i7 the contract with the outfitting and guide concessioner does not grant the concessioner any interest1 including any leasehold surrender interest or possessory interest1 in capital improvements on land owned by the ,united ,states within a ,system unit1 other than a capital improvement constructed by a concessioner pursuant to the terms of a concession contract prior to ,november #ac1 #aiih1 or constructed or owned by a concessioner or the concessioner's predecessor before the subject land was incorporated into the ,system2 7,,ii7 the ,secretary determines that the concessioner has operated satisfactorily during the term of the contract 7including any extension72 and 7,,iii7 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 7#d74 7,c7 ,contract with estimated gross receipts of less than #ejj1jjj4--;,a concessioner that holds a concession contract that the ,secretary estimates will result in gross annual receipts of less than #ejj1jjj if renewed shall be entitled to a preferential right of renewal under this subchapter if-- 7i7 the ,secretary has determined that the concessioner has operated satisfactorily during the term of the contract 7including any extension72 and 7ii7 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 7#d74 7#i7 ,new or additional services4--,the ,secretary shall not grant a preferential right to a concessioner to provide new or additional services in a ,system unit4 7#aj7 ,authority of secretary not limited4--,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 subchapter4 7#aa7 ,exceptions4--,notwithstanding this section1 the ,secretary may award1 without public solicitation1 the following3 7,a7 ,temporary contract4--,to avoid interruption of services to the public at a ,system unit1 the ,secretary may award a temporary concession contract or an extension of an existing concessions contract for a term not to exceed #c years1 except that prior to making the award1 the ,secretary shall take all reasonable and appropriate steps to consider alternatives to avoid the interruption4 7,b7 ,contract in extraordinary circumstances4--,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 interest4 ,award of a concession contract under this subparagraph shall not be made by the ,secretary until at least #cj days after-- 7i7 publication in the ,federal ,register of notice of the ,secretary's intention to award the contract and the reasons for the action2 and 7ii7 submission of notice to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives4 #ajaiad4 ,term of concession contracts ,a concession contract entered into pursuant to this subchapter shall generally be awarded for a term of #aj years or less4 ,the ,secretary may award a contract for a term of up to #bj years if the ,secretary determines that the contract terms and conditions1 including the required construction of capital improvements1 warrant a longer term4 #ajaiae4 ,protection of concessioner investment 7a7 ,definitions4--,in this section3 7#a7 ,capital improvement4--,the term 8capital improvement0 means a structure1 a fixture1 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 unit4 7#b7 ,consumer price index4--,the term 8,consumer ,price ,index0 means-- 7,a7 the 8,consumer ,price ,index--,all ,urban ,consumers0 published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 or 7,b7 if the ,index is not published1 another regularly published cost-of-living index approximating the ,consumer ,price ,index4 7b7 ,leasehold ,surrender ,interest in ,capital ,improvements4--,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 conditions3 7#a7 ,in general4--,a concessioner shall have a leasehold surrender interest in each capital improvement constructed by a concessioner under a concession contract1 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 improvement4 7#b7 ,pledge as security4--,a leasehold surrender interest 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 subchapter4 7#c7 ,transfer and relinquishment or waiver of interest4--,a leasehold surrender interest shall be transferred by the concessioner in connection with any transfer of the concession contract and may be relinquished or waived by the concessioner4 7#d7 ,limit on extinguishing or taking interest4--,a leasehold surrender interest 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 compensation4 7#e7 ,value of interest4--,the value of a leasehold surrender interest in a capital improvement shall be an amount equal to the initial value 7construction cost of the capital improvement71 increased 7or decreased7 by the same percentage increase 7or decrease7 as the percentage increase 7or decrease7 in the ,consumer ,price ,index1 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 interest1 less depreciation of the capital improvement as evidenced by the condition and prospective serviceability in comparison with a new unit of like kind4 7#f7 ,value of interest in certain new concession contracts4-- 7,a7 ,how value is determined4--,the ,secretary may provide1 in any new concession contract that the ,secretary estimates will have a leasehold surrender interest of more than #aj1jjj1jjj1 that the value of any leasehold surrender interest in a capital improvement shall be based on-- 7i7 a reduction on an annual basis1 in equal portions1 over the same number of years as the time period associated with the straight line depreciation of the initial value 7construction cost of the capital improvement71 as provided by applicable ,federal income tax laws and regulations in effect on ,november #ab1 #aiih2 or 7ii7 an alternative formula that is consistent with the objectives of this subchapter4 7,b7 ,when alternative formula may be used4--,the ,secretary may use an alternative formula under subparagraph 7,a77ii7 only if the ,secretary determines1 after scrutiny of the financial and other circumstances involved in the particular concession contract 7including providing notice in the ,federal ,register and opportunity for comment71 that the alternative formula is1 compared to the standard method of determining value provided for in paragraph 7#e71 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 contract4 ,if no responsive offers are received in response to a solicitation that includes the alternative formula1 the concession opportunity shall be resolicited with the leasehold surrender interest value as described in paragraph 7#e74 7#g7 ,increase in value of interest4--,where a concessioner1 pursuant to the terms of a concession contract1 makes a capital improvement to an existing capital improvement in which the concessioner has a leasehold surrender interest1 the cost of the additional capital improvement shall be added to the then-current value of the concessioner's leasehold surrender interest4 7c7 ,special ,rule for ,possessory ,interest ,existing ,before ,november #ac1 #aiih4-- 7#a7 ,in general4--,a concessioner that has obtained a possessory interest 7as defined pursuant to the ,act of ,october #i1 #aife 7known as the ,national ,park ,service ,concessions ,policy ,act2 ,public ,law #hi-bdi1 #gi ,stat4 #ifi71 as in effect on ,november #ab1 #aiih7 under the terms of a concession contract entered into before ,november #ac1 #aiih1 shall1 on the expiration or termination of the concession contract1 be entitled to receive compensation for the possessory interest improvements in the amount and manner as described by the concession contract4 ,where that possessory interest is not described in the existing concession contract1 compensation of possessory interest shall be determined in accordance with the laws in effect on ,november #ab1 #aiih4 7#b7 ,existing concessioner awarded a new contract4--,a concessioner awarded a new concession contract to replace an existing concession contract after ,november #ac1 #aiih1 instead of directly receiving the possessory interest compensation1 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 7instead of construction cost7 an amount equal to the value of the existing possessory interest as of the termination date of the previous concession contract4 ,in the event of a dispute between the concessioner and the ,secretary as to the value of the possessory interest1 the matter shall be resolved through binding arbitration4 7#c7 ,new concessioner awarded a contract4--,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 improvements4 ,the initial value in the leasehold surrender interest 7instead of construction cost7 shall be an amount equal to the value of the existing possessory interest as of the termination date of the previous concession contract4 7#d7 ,de novo review of value determination4--,if the ,secretary1 or either party to a value determination proceeding conducted under a ,service concession contract issued before ,november #ac1 #aiih1 considers that the value determination decision issued pursuant to the proceeding misinterprets or misapplies relevant contractual requirements or their underlying legal authority1 the ,secretary or either party may seek1 within #ahj days after the date of the decision1 de novo review of the value determination decision by the ,united ,states ,court of ,federal ,claims4 ,the ,court of ,federal ,claims may make an order affirming1 vacating1 modifying or correcting the determination decision4 7d7 ,transition to ,successor ,concessioner4--,on expiration or termination of a concession contract entered into after ,november #ac1 #aiih1 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 termination4 ,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 7instead of construction cost7 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 contract4 7e7 ,title to ,improvements4--,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 ,states4 #ajaiaf4 ,reasonableness of rates and charges 7a7 ,in ,general4--,a concession contract shall permit the concessioner to set reasonable and appropriate rates and charges for facilities1 goods1 and services provided to the public1 subject to approval under subsection 7b74 7b7 ,approval by ,secretary ,required4-- 7#a7 ,factors to consider4--,a concessioner's rates and charges to the public shall be subject to approval by the ,secretary4 ,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 practicable4 ,the ,secretary shall approve rates and charges that the ,secretary determines to be reasonable and appropriate4 ,unless otherwise provided in the concession contract1 the reasonableness and appropriateness of rates and charges shall be determined primarily by comparison with those rates and charges for facilities1 goods1 and services of comparable character under similar conditions1 with due consideration to the following factors and other factors deemed relevant by the ,secretary3 7,a7 ,length of season4 7,b7 ,peakloads4 7,c7 ,average percentage of occupancy4 7,d7 ,accessibility4 7,e7 ,availability and costs of labor and materials4 7,f7 ,type of patronage4 7#b7 ,rates and charges not to exceed market rates and charges4--,rates and charges may not exceed the market rates and charges for comparable facilities1 goods1 and services1 after taking into account the factors referred to in paragraph 7#a74 7c7 ,implementation of ,recommendations4-- ,not later than #f months after receiving recommendations from the ,advisory ,board regarding concessioner rates and charges to the public1 the ,secretary shall implement the recommendations or report to ,congress the reasons for not implementing the recommendations4 #ajaiag4 ,franchise fees 7a7 ,in ,general4--,a concession contract shall provide for payment to the ,federal ,government of a franchise fee or other monetary consideration as determined by the ,secretary1 on consideration of the probable value to the concessioner of the privileges granted by the particular contract involved4 ,probable value shall be based on a reasonable opportunity for net profit in relation to capital invested and the obligations of the concession contract4 ,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 rates4 7b7 ,provisions ,to ,be ,specified in ,contract4--,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 contract4 ,the ,secretary shall include in concession contracts with a term of more than #e 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 changes4 ,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 circumstances4 7c7 ,special ,account in ,treasury4-- 7#a7 ,deposit and availability4--,all franchise fees 7and other monetary consideration7 paid to the ,united ,states pursuant to concession contracts shall be deposited in a special account established in the ,treasury4 ,twenty percent of the funds deposited in the special account shall be available for expenditure by the ,secretary1 without further appropriation1 to support activities throughout the ,system regardless of the ,system unit in which the funds were collected4 ,the funds deposited in the special account shall remain available until expended4 7#b7 ,subaccount for each system unit4--,there shall be established within the special account a subaccount for each ,system unit4 ,each subaccount shall be credited with #hj percent of the franchise fees 7and other monetary consideration7 collected at a single ,system unit under concession contracts4 ,the funds credited to the subaccount for a ,system unit shall be available for expenditure by the ,secretary1 without further appropriation1 for use at the ,system unit for visitor services and for purposes of funding high-priority and urgently necessary resource management programs and operations4 ,the funds credited to a subaccount shall remain available until expended4 #ajaiah4 ,transfer or conveyance of concession contracts or leasehold surrender interests 7a7 ,approval of ,secretary4--,no concession contract or leasehold surrender interest may be transferred1 assigned1 sold1 or otherwise conveyed or pledged by a concessioner without prior written notification to1 and approval by1 the ,secretary4 7b7 ,conditions4--,the ,secretary shall approve a transfer or conveyance described in subsection 7a7 unless the ,secretary finds that-- 7#a7 the individual1 corporation1 or other entity seeking to acquire a concession contract is not qualified or able to satisfy the terms and conditions of the concession contract2 7#b7 the transfer or conveyance would have an adverse impact on-- 7,a7 the protection1 conservation1 or preservation of the resources of the ,system unit2 or 7,b7 the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges2 and 7#c7 the terms of the transfer or conveyance are likely1 directly or indirectly1 to-- 7,a7 reduce the concessioner's opportunity for a reasonable profit over the remaining term of the concession contract2 7,b7 adversely affect the quality of facilities and services provided by the concessioner2 or 7,c7 result in a need for increased rates and charges to the public to maintain the quality of the facilities and services4 7c7 ,modification or ,renegotiation of ,terms4--,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 7a7 unless the transfer or conveyance would have an adverse impact as described in subsection 7b77#b74 #ajaiai4 ,national ,park ,service ,concessions ,management ,advisory ,board 7a7 ,establishment and ,purpose4--,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 ,system4 7b7 ,duties4-- 7#a7 ,advice4--,the ,advisory ,board shall advise on each of the following3 7,a7 ,policies and procedures intended to ensure that services and facilities provided by concessioners-- 7i7 are necessary and appropriate2 7ii7 meet acceptable standards at reasonable rates with a minimum of impact on ,system unit resources and values2 and 7iii7 provide the concessioners with a reasonable opportunity to make a profit4 7,b7 ,ways to make ,service concession programs and procedures more cost effective1 more process efficient1 less burdensome1 and timelier4 7#b7 ,recommendations4--,the ,advisory ,board shall make recommendations to the ,secretary regarding each of the following3 7,a7 ,the ,service contracting with the private sector to conduct appropriate elements of concession management4 7,b7 ,ways to make the review or approval of concessioner rates and charges to the public more efficient1 less burdensome1 and timelier4 7,c7 ,the nature and scope of products that qualify as ,indian1 ,alaska ,native1 and ,native ,hawaiian handicrafts within the meaning of this subchapter4 7,d7 ,the allocation of concession fees4 7#c7 ,annual report4--,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 ,senate4 7c7 ,advisory ,board ,membership4--,members of the ,advisory ,board shall be appointed on a staggered basis by the ,secretary for a term not to exceed #d years and shall serve at the pleasure of the ,secretary4 ,the ,advisory ,board shall be comprised of not more than #g 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 concession4 ,of the #g members of the ,advisory ,board-- 7#a7 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 business2 7#b7 one member shall be privately employed in the tourism industry2 7#c7 one member shall be privately employed in the accounting industry2 7#d7 one member shall be privately employed in the outfitting and guide industry2 7#e7 one member shall be a ,state government employee with expertise in park concession management2 7#f7 one member shall be active in promotion of traditional arts and crafts2 and 7#g7 one member shall be active in a nonprofit conservation organization involved in parks and recreation programs4 7d7 ,service on ,advisory ,board4--,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 restrictions1 requirements1 or penalties in relation to the employment of individuals1 the performance of services1 or the payment or receipt of compensation in connection with claims1 proceedings1 or matters involving the ,united ,states4 ,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 #hcdd of title #e or other comparable provisions of ,federal law4 7e7 ,termination4--,the ,advisory ,board shall continue to exist until ,december #ca1 #bjji4 ,in all other respects1 it shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 #ajaibj4 ,contracting for services 7a7 ,contracting ,authorized4-- 7#a7 ,management elements for which contract required to maximum extent practicable4--,to the maximum extent practicable1 the ,secretary shall contract with private entities to conduct or assist in elements of the management of the ,service concession program considered by the ,secretary to be suitable for non-,federal performance4 ,those management elements shall include each of the following3 7,a7 ,health and safety inspections4 7,b7 ,quality control of concession operations and facilities4 7,c7 ,strategic capital planning for concession facilities4 7,d7 ,analysis of rates and charges to the public4 7#b7 ,management elements for which contract allowed4--,the ,secretary may also contract with private entities to assist the ,secretary with each of the following3 7,a7 ,preparation of the financial aspects of prospectuses for ,service concession contracts4 7,b7 ,development of guidelines for a ,system capital improvement and maintenance program for all concession occupied facilities4 7,c7 ,making recommendations to the ,director regarding the conduct of annual audits of concession fee expenditures4 7b7 ,other ,management ,elements4--,the ,secretary shall consider1 taking into account the recommendations of the ,advisory ,board1 contracting out other elements of the concessions management program1 as appropriate4 7c7 ,authority of ,secretary ,not ,diminished4--,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 section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja of this title4 ,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 section4 #ajaiba4 ,multiple contracts within a ,system unit ,if multiple concession contracts are awarded to authorize concessioners to provide the same or similar outfitting1 guiding1 river running1 or other similar services at the same approximate location or resource within a ,system unit1 the ,secretary shall establish a comparable franchise fee structure for those contracts or similar contracts1 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 resource4 #ajaibb4 ,use of nonmonetary consideration in concession contracts ,section #acjb of title #dj shall not apply to concession contracts awarded by the ,secretary pursuant to this subchapter4 #ajaibc4 ,recordkeeping requirements 7a7 ,in ,general4--,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 performed4 ,the ,secretary and any authorized representative of the ,secretary shall1 for the purpose of audit and examination1 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 contract4 7b7 ,access to ,records by ,comptroller ,general4--,the ,comptroller ,general and any authorized representative of the ,comptroller ,general shall1 until the expiration of #e calendar years after the close of the business year of each concessioner or subconcessioner1 have access to and the right to examine any pertinent records described in subsection 7a7 of the concessioner or subconcessioner related to the contract involved4 #ajaibd4 ,promotion of sale of ,indian1 ,alaska ,native1 ,native ,samoan1 and ,native ,hawaiian handicrafts 7a7 ,in ,general4--,promoting the sale of authentic ,united ,states ,indian1 ,alaskan ,native1 ,native ,samoan1 and ,native ,hawaiian handicrafts relating to the cultural1 historical1 and geographic characteristics of ,system units is encouraged1 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 exist4 7b7 ,exemption ,from ,franchise ,fee4--,in furtherance of the purposes of subsection 7a71 the revenue derived from the sale of ,united ,states ,indian1 ,alaska ,native1 ,native ,samoan1 and ,native ,hawaiian handicrafts shall be exempt from any franchise fee payments under this subchapter4 #ajaibe4 ,commercial use authorizations 7a7 ,in ,general4--,to the extent specified in this section1 the ,secretary1 on request1 may authorize a private person1 corporation1 or other entity to provide services to visitors to ,system units through a commercial use authorization4 ,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 stated4 7b7 ,criteria for ,issuance of ,commercial ,use ,authorizations4-- 7#a7 ,required determinations4--,the authority of this section may be used only to authorize provision of services that the ,secretary determines-- 7,a7 will have minimal impact on resources and values of a ,system unit2 and 7,b7 are consistent with the purpose for which the ,system unit was established and with all applicable management plans and ,service policies and regulations4 7#b7 ,elements of commercial use authorization4--,the ,secretary shall-- 7,a7 require payment of a reasonable fee for issuance of a commercial use authorization1 the fees to remain available without further appropriation to be used1 at a minimum1 to recover associated management and administrative costs2 7,b7 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 values2 7,c7 take appropriate steps to limit the liability of the ,united ,states arising from the provision of services under a commercial use authorization2 7,d7 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 values2 and 7,e7 shall establish other conditions for issuance of a commercial use authorization that the ,secretary determines to be appropriate for the protection of visitors1 provision of adequate and appropriate visitor services1 and protection and proper management of ,system unit resources and values4 7c7 ,limitations4--,any commercial use authorization shall be limited to-- 7#a7 commercial operations with annual gross receipts of not more than #be1jjj resulting from services originating and provided solely within a ,system unit pursuant to the commercial use authorization2 7#b7 the incidental use of resources of the ,system unit by commercial operations that provide services originating and terminating outside the boundaries of the ,system unit2 or 7#c7 7,a7 uses by organized children's camps1 outdoor clubs1 and nonprofit institutions 7including back country use72 and 7,b7 other uses1 as the ,secretary determines to be appropriate4 7d7 ,nonprofit ,institutions4--,nonprofit institutions are not required to obtain commercial use authorizations unless taxable income is derived by the institution from the authorized use4 7e7 ,prohibition on ,construction4--,a commercial use authorization shall not provide for the construction of any structure1 fixture1 or improvement on federally-owned land within the boundaries of a ,system unit4 7f7 ,duration4--,the term of any commercial use authorization shall not exceed #b years4 ,no preferential right of renewal or similar provisions for renewal shall be granted by the ,secretary4 7g7 ,other ,contracts4--,a person1 corporation1 or other entity seeking or obtaining a commercial use authorization shall not be precluded from submitting a proposal for concession contracts4 #ajaibf4 ,regulations 7a7 ,in ,general4--,the ,secretary shall prescribe regulations appropriate for the implementation of this subchapter4 7b7 ,contents4--,the regulations-- 7#a7 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 #ejj1jjj2 and 7#b7 shall further define the term 8,united ,states ,indian1 ,alaskan ,native1 and ,native ,hawaiian handicrafts0 for the purposes of this subchapter4 ,chapter #ajba--,privileges and ,leases ,sec4 #ajbaja4 ,general provisions4 #ajbajb4 ,authority of ,secretary to enter into lease for buildings and associated property4 #ajbaja4 ,general provisions 7a7 ,limitation4-- 7#a7 ,no lease or grant of a privilege that interferes with free access4--,no natural curiosity1 wonder1 or object of interest shall be leased or granted to anyone on such terms as to interfere with free access by the public to any ,system unit4 7#b7 ,exception for grazing livestock4--,the ,secretary1 under such regulations and on such terms as the ,secretary may prescribe1 may grant the privilege to graze livestock within a ,system unit when1 in the ,secretary's judgment1 the use is not detrimental to the primary purpose for which the ,system unit was created4 ,this paragraph does not apply to ,yellowstone ,national ,park4 7b7 ,advertising and ,competitive ,bids ,not ,required4--,the ,secretary may grant privileges and enter into leases described in subsection 7a71 and enter into related contracts with responsible persons1 firms1 or corporations1 without advertising and without securing competitive bids4 7c7 ,assignment or ,transfer4--,no contract1 lease1 or privilege described in subsection 7a7 or 7b7 that is entered into or granted shall be assigned or transferred by the grantee1 lessee1 or licensee without the prior written approval of the ,secretary4 #ajbajb4 ,authority of ,secretary to enter into lease for buildings and associated property 7a7 ,in ,general4--,to facilitate the administration of the ,system1 the ,secretary1 under such terms and conditions as the ,secretary may consider advisable1 and except as provided in subsection 7b7 and subject to subsection 7c71 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 ,system4 7b7 ,prohibited ,activities4--,the ,secretary may not use a lease under subsection 7a7 to authorize the lessee to engage in activities that are subject to authorization by the ,secretary through a concession contract1 commercial use authorization1 or similar instrument4 7c7 ,use4--,buildings and associated property leased under subsection 7a7-- 7#a7 shall be used for an activity that is consistent with the purposes established by law for the ,system unit in which the building is located2 7#b7 shall not result in degradation of the purposes and values of the ,system unit2 and 7#c7 shall be compatible with ,service programs4 7d7 ,rental ,amounts4-- 7#a7 ,in general4--,with respect to a lease under subsection 7a7-- 7,a7 payment of fair market value rental shall be required2 and 7,b7 section #acjb of title #dj shall not apply4 7#b7 ,adjustment4--,the ,secretary may adjust the rental amount as appropriate to take into account any amounts to be expended by the lessee for preservation1 maintenance1 restoration1 improvement1 or repair and related expenses4 7e7 ,special ,account4-- 7#a7 ,deposits4--,rental payments under a lease under subsection 7a7 shall be deposited in a special account in the ,treasury4 7#b7 ,availability4--,amounts in the special account shall be available until expended1 without further appropriation1 for infrastructure needs at ,system units1 including-- 7,a7 facility refurbishment2 7,b7 repair and replacement2 7,c7 infrastructure projects associated with ,system unit resource protection2 and 7,d7 direct maintenance of the leased buildings and associated property4 7#c7 ,accountability and results4--,the ,secretary shall develop procedures for the use of the special account that ensure accountability and demonstrated results consistent with this section and sections #ajjaja7;b71 #ajjejb1 #ajjejg1 #ajjgea7;b71 #ajjged1 #ajjija7;b7 and 7c71 #ajjijf7;a7 and 7d71 #ajacjb7;b77#a7 and 7c7 to 7e71 #ajacjf1 #ajagjb7;b7 and 7c71 #ajaija1 #ajbgja1 and #ajbgjb of this title4 7f7 ,regulations4--,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 comment4 ,chapter #ajbc--,programs and ,organizations ,sec4 #ajbcja4 ,volunteers in parks program4 #ajbcjb4 ,national ,capital region arts and cultural affairs4 #ajbcjc4 ,national ,park ,system ,advisory ,board4 #ajbcjd4 ,national ,park ,service ,advisory ,council4 #ajbcja4 ,volunteers in parks program 7a7 ,establishment4--,the ,secretary may recruit1 train1 and accept1 without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e or regulations prescribed under that chapter or subchapter1 the services of individuals without compensation as volunteers for or in aid of interpretive functions or other visitor services or activities in and related to ,system units and related areas4 ,in accepting those services1 the ,secretary shall not permit the use of volunteers in hazardous duty or law enforcement work or in policymaking processes1 or to displace any employee4 ,the services of individuals whom the ,secretary determines are skilled in performing hazardous activities may be accepted4 7b7 ,incidental ,expenses4--,the ,secretary may provide for incidental expenses of volunteers1 such as transportation1 uniforms1 lodging1 and subsistence4 7c7 ,federal ,employee ,status for ,volunteers4-- 7#a7 ,employment status of volunteers4--,except as otherwise provided in this section1 a volunteer shall not be deemed a ,federal employee and shall not be subject to the provisions of law relating to ,federal employment1 including those relating to hours of work1 rates of compensation1 leave1 unemployment compensation1 and ,federal employee benefits4 7#b7 ,tort claims4--,for the purpose of sections #acdf7;b7 and #bdja7;b7 and chapter #aga of title #bh1 a volunteer under this chapter shall be deemed a ,federal employee4 7#c7 ,volunteers deemed civil employees4--,for the purposes of subchapter ,i of chapter #ha of title #e1 volunteers under this chapter shall be deemed civil employees of the ,united ,states within the meaning of the term 8employee0 as defined in section #haja of title #e1 and subchapter ,i of chapter #ha of title #e shall apply4 7#d7 ,compensation for losses and damages4--,for the purpose of claims relating to damage to1 or loss of1 personal property of a volunteer incident to volunteer service1 a volunteer under this chapter shall be deemed a ,federal employee1 and section #cgba of title #ca shall apply4 7d7 ,authorization of ,appropriations4--,there is authorized to be appropriated to carry out this section not more than #c1ejj1jjj for each fiscal year4 #ajbcjb4 ,national ,capital region arts and cultural affairs 7a7 ,establishment4--,there is under the direction of the ,service a program to support and enhance artistic and cultural activities in the ,national ,capital region4 7b7 ,grant ,eligibility4-- 7#a7 ,eligible organizations4--,eligibility for grants shall be limited to organizations-- 7,a7 that are of demonstrated national significance2 and 7,b7 that meet at least #b of the criteria stated in paragraph 7#b74 7#b7 ,criteria4--,the criteria referred to in paragraph 7#a7 are the following3 7,a7 ,the organization has an annual operating budget in excess of #a1jjj1jjj4 7,b7 ,the organization has an annual audience or visitation of at least #bjj1jjj people4 7,c7 ,the organization has a paid staff of at least #ajj individuals4 7,d7 ,the organization is eligible under section #cbjajb7;f7 of this title4 7#c7 ,organizations not eligible4--,public or private colleges and universities are not eligible for grants under the program under this section4 7c7 ,use of ,grants4--,grants awarded under this section may be used to support general operations and maintenance1 security1 or special projects4 ,no organization may receive a grant in excess of #ejj1jjj in a single year4 7d7 ,responsbilities of ,director4--,the ,director shall-- 7#a7 establish an application process2 7#b7 appoint a review panel of #e qualified individuals1 at least a majority of whom reside in the ,national ,capital region2 and 7#c7 develop other program guidelines and definitions as required4 7e7 ,ford's ,theater and ,wolf ,trap ,national ,park for the ,performing ,arts4--,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 section4 #ajbcjc4 ,national ,park ,system ,advisory ,board 7a7 ,definition4--,in this section1 the term 8,board0 means the ,national ,park ,system ,advisory ,board established under subsection 7b74 7b7 ,establishment and ,purpose4--,there is established a ,national ,park ,system ,advisory ,board1 whose purpose is to advise the ,director on matters relating to the ,service1 the ,system1 and programs administered by the ,service4 ,the ,board shall advise the ,director on matters submitted to the ,board by the ,director as well as any other issues identified by the ,board4 7c7 ,membership4-- 7#a7 ,appointment and term of office4--,members of the ,board shall be appointed on a staggered term basis by the ,secretary for a term not to exceed #d years and shall serve at the pleasure of the ,secretary4 7#b7 ,composition4--,the ,board shall be composed of no more than #ab persons1 appointed from among citizens of the ,united ,states having a demonstrated commitment to the mission of the ,service4 ,board members shall be selected to represent various geographic regions1 including each of the administrative regions of the ,service4 ,at least #f of the members shall have outstanding expertise in one or more of the following fields3 history1 archeology1 anthropology1 historical or landscape architecture1 biology1 ecology1 geology1 marine science1 or social science4 ,at least #d of the members shall have outstanding expertise and prior experience in the management of national or ,state parks or protected areas1 or natural or cultural resources management4 ,the remaining members shall have outstanding expertise in one or more of the areas described above or in another professional or scientific discipline1 such as financial management1 recreation use management1 land use planning1 or business management1 important to the mission of the ,service4 ,at least one individual shall be a locally elected official from an area adjacent to a park4 7#c7 ,first meeting4--,the ,board shall hold its #ast meeting no later than #fj days after the date on which all members of the ,board who are to be appointed have been appointed4 7#d7 ,vacancy4--,any vacancy in the ,board shall not affect its powers1 but shall be filled in the same manner in which the original appointment was made4 7#e7 ,compensation4--,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 business1 in accordance with subchapter ,i of chapter #eg of title #e4 ,with the exception of travel and per diem1 a member of the ,board who otherwise is an officer or employee of the ,united ,states ,government shall serve on the ,board without additional compensation4 7d7 ,duties and ,powers of ,board4-- 7#a7 ,adopt rules4--,the ,board may adopt such rules as may be necessary to establish its procedures and to govern the manner of its operations1 organization1 and personnel4 7#b7 ,advice and recommendations4--,the ,board shall advise the ,secretary on matters relating to the ,system1 to other related areas1 and to the administration of chapter #cbja of this title1 including matters submitted to it for consideration by the ,secretary1 but it shall not be required to provide recommendations as to the suitability or desirability of surplus real and related personal property for use as a historic monument4 ,the ,board shall also provide recommendations on the designation of national historic landmarks and national natural landmarks4 ,the ,board is strongly encouraged to consult with the major scholarly and professional organizations in the appropriate disciplines in making the recommendations4 7#c7 ,actions on request of director4--,on request of the ,director1 the ,board is authorized to-- 7,a7 hold such hearings and sit and act at such times2 7,b7 take such testimony2 7,c7 have such printing and binding done2 7,d7 enter into such contracts and other arrangements2 7,e7 make such expenditures2 and 7,f7 take such other actions as the ,board may consider advisable4 7#d7 ,oaths or affirmations4--,any member of the ,board may administer oaths or affirmations to witnesses appearing before the ,board4 7#e7 ,committees and subcommittees4--,the ,board may establish committees or subcommittees4 ,the subcommittees or committees shall be chaired by a voting member of the ,board4 7#f7 ,use of mails4--,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 ,states4 7e7 ,staff4--,the ,secretary may hire #b full-time staffers to meet the needs of the ,board4 7f7 ,federal ,law ,not ,applicable to ,service4--,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 restrictions1 requirements1 or penalties relating to the employment of individuals1 the performance of services1 or the payment or receipt of compensation in connection with claims1 proceedings1 or matters involving the ,united ,states4 ,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 #hcdd of title #e or comparable provisions of ,federal law4 7g7 ,cooperation of ,federal ,agencies4-- 7#a7 ,information4--,the ,board may secure directly from any office1 department1 agency1 establishment1 or instrumentality of the ,federal ,government such information as the ,board may require for the purpose of this section1 and each office1 department1 agency1 establishment1 or instrumentality shall furnish1 to the extent permitted by law1 the information1 suggestions1 estimates1 and statistics directly to the ,board1 on request made by a member of the ,board4 7#b7 ,facilities and services4--,on request of the ,board1 the head of any ,federal department1 agency1 or instrumentality may make any of the facilities and services of the department1 agency1 or instrumentality available to the ,board1 on a nonreimbursable basis1 to assist the ,board in carrying out its duties under this section4 7h7 ,federal ,advisory ,committee ,act4--,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 with the exception of section #ad7;b71 applies to the ,board4 7i7 ,termination4--,the ,board continues to exist until ,january #a1 #bjaj4 #ajbcjd4 ,national ,park ,service ,advisory ,council 7a7 ,definitions4--,in this section3 7#a7 ,board4--,the term 8,board0 means the ,national ,park ,system ,advisory ,board established under section #ajbcjc of this title4 7#b7 ,council4--,the term 8,council0 means the ,national ,park ,service ,advisory ,council established under subsection 7b74 7b7 ,establishment and ,purpose4--,there is established a ,national ,park ,service ,advisory ,council that shall provide advice and counsel to the ,board4 7c7 ,membership4-- 7#a7 ,eligibility4--,membership on the ,council shall be limited to individuals whose term on the ,board has expired4 ,those individuals may serve as long as they remain active except that not more than #ab members may serve on the ,council at any one time4 7#b7 ,compensation4--,members of the ,council shall receive no salary but may be paid expenses incidental to travel when engaged in discharging their duties as members4 7d7 ,voting ,restriction4--,members of the ,council shall not have a vote on the ,board4 ,chapter #ajbe--,museums ,sec4 #ajbeja4 ,purpose4 #ajbejb4 ,definition of museum object4 #ajbejc4 ,authority of ,secretary4 #ajbejd4 ,review and approval4 #ajbeja4 ,purpose ,the purpose of this chapter is to increase the public benefits from museums established within ,system units as a means of informing the public concerning the areas and preserving valuable objects and relics relating to the areas4 #ajbejb4 ,definition of museum object ,in this chapter3 7#a7 ,in general4--,the term 8museum object0 means an object that-- 7,a7 typically is movable2 and 7,b7 is eligible to be1 or is made part of1 a museum1 library1 or archive collection through a formal procedure1 such as accessioning4 7#b7 ,inclusions4--,the term 8museum object0 includes a prehistoric or historic artifact1 work of art1 book1 document1 photograph1 or natural history specimen4 #ajbejc4 ,authority of ,secretary 7a7 ,in ,general4--,notwithstanding other provisions or limitations of law1 the ,secretary may perform the functions described in this section in the manner that the ,secretary considers to be in the public interest4 7b7 ,donations and ,bequests4--,the ,secretary may accept donations and bequests of money or other personal property1 and hold1 use1 expend1 and administer the money or other personal property for purposes of this chapter4 7c7 ,purchases4--,the ,secretary may purchase museum objects and other personal property at prices that the ,secretary considers to be reasonable4 7d7 ,exchanges4--,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 ,secretary4 ,exchanges shall be consummated on a basis that the ,secretary considers to be equitable and in the public interest4 7e7 ,acceptance of ,loans of ,property4--,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 property4 ,loans shall be accepted on terms and conditions that the ,secretary considers necessary4 7f7 ,loans of ,property4--,the ,secretary may loan to responsible public or private organizations1 institutions1 or agencies1 without cost to the ,united ,states1 such museum objects and other personal property as the ,secretary shall consider advisable4 ,loans shall be made on terms and conditions that the ,secretary considers necessary to protect the public interest in those properties4 7g7 ,transfer of ,museum ,objects4--,the ,secretary may transfer museum objects that the ,secretary determines are no longer needed for museum purposes to qualified ,federal agencies1 including the ,smithsonian ,institution1 that have programs to preserve and interpret cultural or natural heritage1 and accept the transfer of museum objects for the purposes of this chapter from any other ,federal agency1 without reimbursement4 ,the head of any other ,federal agency may transfer1 without reimbursement1 museum objects directly to the administrative jurisdiction of the ,secretary for the purpose of this chapter4 7h7 ,conveyance of ,museum ,objects4--,the ,secretary may convey museum objects that the ,secretary determines are no longer needed for museum purposes1 without monetary consideration but subject to such terms and conditions as the ,secretary considers necessary1 to private institutions exempt from ,federal taxation under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c77 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 property1 prior to any conveyance under this subsection and subsection 7g74 7i7 ,destruction of ,museum ,objects4--,the ,secretary may destroy or cause to be destroyed museum objects that the ,secretary determines to have no scientific1 cultural1 historic1 educational1 esthetic1 or monetary value4 #ajbejd4 ,review and approval ,the ,secretary shall ensure that museum objects are treated in a careful and deliberate manner that protects the public interest4 ,prior to taking any action under subsection 7g71 7h71 or 7i7 of section #ajbejc of this title1 the ,secretary shall establish a systematic review and approval process1 including consultation with appropriate experts1 that meets the highest standards of the museum profession for all actions taken under those subsections4 ,chapter #ajbg--,law ,enforcement and ,emergency ,assistance ,subchapter ,i-- ,law ,enforcement ,sec4 #ajbgja4 ,law enforcement personnel within ,system4 #ajbgjb4 ,crime prevention assistance4 ,subchapter ,,ii-- ,emergency ,assistance #ajbgaa4 ,authority of ,secretary to use applicable appropriations for the ,system to render assistance to nearby law enforcement and fire prevention agencies and for related activities outside the ,system4 #ajbgab4 ,aid to visitors1 grantees1 permittees1 or licensees in emergencies4 ,subchapter ,i--,law ,enforcement #ajbgja4 ,law enforcement personnel within ,system 7a7 ,officers and ,employees of the ,department of the ,interior4-- 7#a7 ,designation authority of secretary4--,the ,secretary1 pursuant to standards prescribed in regulations by the ,secretary1 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 units4 7#b7 ,powers and duties of designees4--,in the performance of the duties described in paragraph 7#a71 the designated officers or employees may-- 7,a7 carry firearms2 7,b7 make arrests without warrant for any offense against the ,united ,states committed in the presence of the officer or employee1 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 felony1 provided the arrests occur within the ,system or the individual to be arrested is fleeing from the ,system to avoid arrest2 7,c7 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 or1 where the individual subject to the warrant or process is in the ,system1 in connection with any ,federal offense2 and 7,d7 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 agency4 7b7 ,special ,police ,officers4-- 7#a7 ,in general4--,the ,secretary may designate officers and employees of any other ,federal agency1 or law enforcement personnel of a ,state or political subdivision of a ,state1 when determined to be economical and in the public interest and with the concurrence of that agency1 ,state1 or subdivision1 to-- 7,a7 act as special police officers in ,system units when supplemental law enforcement personnel may be needed2 and 7,b7 exercise the powers and authority provided by subparagraphs 7,a7 to 7,d7 of subsection 7a77#b74 7#b7 ,cooperation with states and political subdivisions4--,the ,secretary may-- 7,a7 cooperate1 within the ,system1 with any ,state or political subdivision of a ,state in the enforcement of supervision of the laws or ordinances of that ,state or subdivision2 7,b7 mutually waive1 in any agreement pursuant to subparagraph 7,a7 and paragraph 7#a7 or pursuant to subparagraphs 7,a7 and 7,b7 of subsection 7a77#b7 with any ,state or political subdivision of a ,state where ,state law requires the waiver and indemnification1 all civil claims against all the other parties to the agreement and1 subject to available appropriations1 indemnify and save harmless the other parties to the agreement from all claims by third parties for property damage or personal injury1 that may arise out of the parties' activities outside their respective jurisdictions under the agreement2 and 7,c7 provide limited reimbursement1 to a ,state or political subdivisions of a ,state1 in accordance with such regulations as the ,secretary may prescribe1 where the ,state has ceded concurrent legislative jurisdiction over the affected area of the ,system1 for expenditures incurred in connection with its activities within the ,system that were rendered pursuant to paragraph 7#a74 7#c7 ,supplemental authority2 delegation of service law enforcement responsibilities not authorized4--,paragraphs 7#a7 and 7#b7 supplement the law enforcement responsibilities of the ,service and do not authorize the delegation of law enforcement responsibilities of the ,service to ,state or local governments4 7#d7 ,special police officers not deemed federal employees4-- 7,a7 ,in general4--,except as otherwise provided in this subsection1 a law enforcement officer of a ,state or political subdivision of a ,state designated to act as a special police officer under paragraph 7#a7 shall not be deemed a ,federal employee and shall not be subject to the provisions of law relating to ,federal employment1 including those relating to hours of work1 rates of compensation1 leave1 unemployment compensation1 and ,federal benefits4 7,b7 ,exceptions4--,a law enforcement officer of a ,state or political subdivision of a ,state1 when acting as a special police officer under paragraph 7#a71 is deemed to be-- 7i7 a ,federal employee for purposes of sections #acdf7;b7 and #bdja7;b7 and chapter #aga of title #bh2 and 7ii7 a civil service employee of the ,united ,states within the meaning of the term 8employee0 as defined in section #haja of title #e1 for purposes of subchapter ,i of chapter #ha of title #e1 relating to compensation to ,federal employees for work injuries1 and the provisions of subchapter ,i of chapter #ha of title #e shall apply4 7c7 ,federal ,investigative ,jurisdiction and ,state ,civil and ,criminal ,jurisdiction ,not ,preempted4--,this section and sections #ajjaja7;b71 #ajjejb1 #ajjejg1 #ajjgea7;b71 #ajjged1 #ajjija7;b7 and 7c71 #ajjijf7;a7 and 7d71 #ajacjb7;b77#a7 and 7c7 to 7e71 #ajacjf1 #ajagjb7;b7 and 7c71 #ajaija1 #ajbajb1 and #ajbgjb 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 ,service1 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 ,system4 #ajbgjb4 ,crime prevention assistance 7a7 ,recommendations for ,improvement4--,the ,secretary shall direct the chief official responsible for law enforcement within the ,service to-- 7#a7 compile a list of ,system units with the highest rates of violent crime2 7#b7 make recommendations concerning capital improvements1 and other measures1 needed within the ,system to reduce the rates of violent crime1 including the rate of sexual assault2 and 7#c7 publish the information required by paragraphs 7#a7 and 7#b7 in the ,federal ,register4 7b7 ,distribution of ,funds4--,based on the recommendations and list issued pursuant to subsection 7a71 the ,secretary shall distribute the funds authorized by subsection 7d7 throughout the ,system4 ,priority shall be given to areas with the highest rates of sexual assault4 7c7 ,use of ,funds4--,funds provided under this section may be used-- 7#a7 to increase lighting within or adjacent to ,system units2 7#b7 to provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to ,system units2 7#c7 to increase security or law enforcement personnel within or adjacent to ,system units2 or 7#d7 for any other project intended to increase the security and safety of ,system units4 7d7 ,authorization of ,appropriations4--,there is authorized to be appropriated out of the ,violent ,crime ,reduction ,trust ,fund not more than #aj1jjj1jjj for the ,secretary to take all necessary actions to seek to reduce the incidence of violent crime in the ,system4 ,subchapter ,,ii--,emergency ,assistance #ajbgaa4 ,authority of ,secretary to use applicable appropriations for the ,system to render assistance to nearby law enforcement and fire prevention agencies and for related activities outside the ,system ,to facilitate the administration of the ,system1 the ,secretary may use applicable appropriations for the ,system to render emergency rescue1 firefighting1 and cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside the ,system4 #ajbgab4 ,aid to visitors1 grantees1 permittees1 or licensees in emergencies 7a7 ,visitors4--,the ,secretary may aid visitors within a ,system unit in an emergency1 when no other source is available for the procurement of food or supplies1 by the sale1 at cost1 of food or supplies in quantities sufficient to enable the visitors to reach safely a point where food or supplies can be purchased4 ,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 supplies4 7b7 ,grantees1 ,permittees1 and ,licensees4--,the ,secretary may in an emergency1 when no other source is available for the immediate procurement of supplies1 materials1 or special services1 aid grantees1 permittees1 or licensees conducting operations for the benefit of the public in a ,system unit by the sale1 at cost1 including transportation and handling1 of supplies1 materials1 or special services as may be necessary to relieve the emergency and ensure uninterrupted service to the public4 ,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 purposes4 ,chapter #ajbi--,land ,transfers ,sec4 #ajbija4 ,conveyance of property and interests in property in ,system units or related areas4 #ajbija4 ,conveyance of property and interests in property in ,system units or related areas 7a7 ,freehold and ,leasehold ,interests4--,with respect to any property acquired by the ,secretary within a ,system unit or related area1 except property within national parks or within national monuments of scientific significance1 the ,secretary may convey a freehold or leasehold interest in the property1 subject to such terms and conditions as will ensure the use of the property in a manner that is1 in the judgment of the ,secretary1 consistent with the purpose for which the ,system unit or related area was authorized by ,congress4 ,the ,secretary shall convey the interest to the highest bidder1 in accordance with such regulations as the ,secretary may prescribe4 ,the conveyance shall be at not less than the fair market value of the interest1 as determined by the ,secretary1 except that if the conveyance is proposed within #b years after the property to be conveyed is acquired by the ,secretary1 the ,secretary shall allow the last owner of record of the property #cj 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 interest4 ,on receiving the timely request1 the ,secretary shall convey the interest to the person1 in accordance with such regulations as the ,secretary may prescribe1 on payment or agreement to pay an amount equal to the highest bid price4 7b7 ,exchange of ,land4-- 7#a7 ,in general4--,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 acquired4 7#b7 ,exception4--,timberland subject to harvest under a sustained yield program shall not be exchanged under paragraph 7#a74 7#c7 ,public hearing4--,on request of a ,state or a political subdivision thereof1 or of a party in interest1 prior to an exchange under this subsection the ,secretary shall hold a public hearing in the area where the properties to be exchanged are located4 7#d7 ,values of properties exchanged4--,the values of the properties exchanged-- 7,a7 shall be approximately equal2 or 7,b7 if they are not approximately equal1 shall be equalized by the payment of cash to the grantor from funds appropriated for the acquisition of land for the area1 or to the ,secretary1 as the circumstances require4 7c7 ,proceeds ,credited to ,land and ,water ,conservation ,fund4--,the proceeds received from any conveyance under this section shall be credited to the ,land and ,water ,conservation ,fund4 ,chapter #ajca--;,appropriations and ,accounting ,sec4 #ajcaja4 ,availability and use of appropriations4 #ajcajb4 ,appropriations authorized and available for certain purposes4 #ajcajc4 ,amounts provided by private entities for utility services4 #ajcajd4 ,recovery of costs associated with special use permits4 #ajcaja4 ,availability and use of appropriations 7a7 ,credits of ,receipts for ,meals and ,quarters ,furnished ,federal ,government ,employees in the ,field4--,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 furnished4 7b7 ,availability for ,expense of ,recording ,donated ,land4--,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 ,service4 7c7 ,use of ,funds for ,law ,enforcement and ,emergencies4-- 7#a7 ,in general4--,funds1 not to exceed #bej1jjj per incident1 available to the ,service may be used1 with the approval of the ,secretary1 to-- 7,a7 maintain law and order in emergency and other unforeseen law enforcement situations2 and 7,b7 conduct emergency search and rescue operations in the ,system4 7#b7 ,replenishment of funds4--,if the ,secretary expends funds under paragraph 7#a71 the funds shall be replenished by a supplemental appropriation for which the ,secretary shall make a request as promptly as possible4 7d7 ,contribution for ,annuity ,benefits4-- 7#a7 ,in general4--,necessary amounts are appropriated for reimbursement1 pursuant to the ,policemen and ,firemen's ,retirement and ,disability ,act amendments of #aieg 7,public ,law #he-aeg1 #ga ,stat4 #cia71 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 #ab of the ,policemen and ,firemen's ,retirement and ,disability ,act 7ch4 #dcc1 #ci ,stat4 #gah71 to the extent that those payments exceed contributions made by active ,park ,police members covered under the ,policemen and ,firemen's ,retirement and ,disability ,act4 7#b7 ,nonavailability of appropriations to the service4--,appropriations made to the ,service are not available for the purpose of making reimbursements under paragraph 7#a74 7e7 ,waterproof ,footwear4--,appropriations for the ,service that are available for the purchase of equipment may be used for purchase of waterproof footwear1 which shall be regarded and listed as ,system equipment4 #ajcajb4 ,appropriations authorized and available for certain purposes ,appropriations for the ,service are authorized and are available for-- 7#a7 administration1 protection1 improvement1 and maintenance of areas1 under the jurisdiction of other ,federal agencies1 that are devoted to recreational use pursuant to cooperative agreements2 7#b7 necessary local transportation and subsistence in kind of individuals selected for employment or as cooperators1 serving without other compensation1 while attending fire protection training camps2 7#c7 administration1 protection1 maintenance1 and improvement of the ,chesapeake and ,ohio ,canal2 7#d7 educational lectures in or in the vicinity of and with respect to ,system units1 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 designate2 7#e7 travel expenses of employees attending-- 7,a7 ,federal ,government camps for training in forest fire prevention and suppression2 7,b7 the ,federal ,bureau of ,investigation ,national ,police ,academy2 and 7,c7 ,federal1 ,state1 or municipal schools for training in building fire prevention and suppression2 7#f7 investigation and establishment of water rights in accordance with local custom1 laws1 and decisions of courts1 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 units2 7#g7 official telephone service in the field in the case of official telephones installed in private houses when authorized under regulations established by the ,secretary2 and 7#h7 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 ,service4 #ajcajc4 ,amounts provided by private entities for utility services ,notwithstanding any other provision of law1 amounts provided to the ,service by private entities for utility services shall be credited to the appropriate account and remain available until expended4 #ajcajd4 ,recovery of costs associated with special use permits ,notwithstanding any other provision of law1 the ,service may recover all costs of providing necessary services associated with special use permits4 ,the reimbursements shall be credited to the appropriation current at that time4 ,chapter #ajcc--,national ,military ,parks ,sec4 #ajccja4 ,military maneuvers4 #ajccjb4 ,camps for military instruction4 #ajccjc4 ,performance of duties of commissions4 #ajccjd4 ,recovery of land withheld4 #ajccje4 ,travel expenses incident to study of battlefields4 #ajccjf4 ,studies4 #ajccja4 ,military maneuvers ,to obtain practical benefits of great value to the country from the establishment of national military parks1 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 ,states4 ,national military parks shall be opened for those purposes only in the discretion of the ,secretary1 and under such regulations as the ,secretary may prescribe4 #ajccjb4 ,camps for military instruction 7a7 ,assembling of ,forces and ,detailing of ,instructors4--,the ,secretary of the ,army or ,secretary of the ,air ,force1 within the limits of appropriations that may be available for that purpose1 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 designate1 at the field of military maneuvers1 such portions of the military forces of the ,united ,states as the ,secretary of the ,army or ,secretary of the ,air ,force may think best1 to receive military instruction there4 ,the ,secretary of the ,army of ,secretary of the ,air ,force may detail instructors from the ,regular ,army or ,regular ,air ,force1 respectively1 for those forces during their exercises4 7b7 ,regulations4--,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 grounds4 #ajccjc4 ,performance of duties of commissions ,the duties of commissions in charge of national military parks shall be performed under the direction of the ,secretary4 #ajccjd4 ,recovery of land withheld 7a7 ,civil ,action4--,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 lease1 and after possession has been demanded for the ,united ,states by the park superintendent1 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 therefor1 after possession of the land has been demanded for the ,united ,states by the park superintendent1 to recover possession of the land withheld4 ,the civil action shall be brought according to the statutes of the ,state in which the national military park is situated4 7b7 ,trespass4--,a person described in subsection 7a7 shall be guilty of trespass4 #ajccje4 ,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 studies1 surveys1 and field investigations of battlefields shall be paid from the appropriations made to meet expenses for those purposes4 #ajccjf4 ,studies 7a7 ,study of ,battlefields for ,commemorative ,purposes4--,the ,secretary of the ,army may make studies and investigations and1 where necessary1 surveys of all battlefields within the continental limits of the ,united ,states on which troops of the ,united ,states or of the original #ac colonies have been engaged against a common enemy1 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 interest4 7b7 ,inclusion of ,estimate of ,cost of ,projected ,surveys in ,appropriation ,estimates4--,the ,secretary of the ,army 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 question1 with the estimated cost of making each survey or other field investigation4 7c7 ,purchase of ,real ,estate for ,national ,military ,park ,purposes4--,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 of the ,army through the ,president to ,congress under subsection 7d74 7d7 ,report to ,congress4--,the ,secretary of the ,army1 through the ,president1 shall annually submit to ,congress a detailed report of progress made under this subchapter1 with recommendations for further operations4 ,chapters #ajce through #ajdg--,reserved ,chapter #ajdi--,miscellaneous ,sec4 #ajdija4 ,central warehouses at ,system units4 #ajdijb4 ,services or other accommodations for public4 #ajdijc4 ,care1 removal1 and burial of indigents4 #ajdijd4 ,hire of work animals1 vehicles1 and equipment with or without personal services4 #ajdije4 ,preparation of mats for reproduction of photographs4 #ajdijf4 ,protection of right of individuals to bear arms4 #ajdijg4 ,limitation on extension or establishment of national parks in ,wyoming4 #ajdija4 ,central warehouses at ,system units 7a7 ,authority of ,secretary4--,the ,secretary1 in the administration of the ,system1 may maintain central warehouses at ,system units4 7b7 ,appropriations4-- 7#a7 ,availability4--,appropriations made for the administration1 protection1 maintenance1 and improvement of ,system units shall be available for the purchase of supplies and materials to be kept in central warehouses for distribution at cost1 including transportation and handling1 to projects under specific appropriations4 7#b7 ,transfers between appropriations4-- 7,a7 ,authorization4--,transfers between the various appropriations made for ,system units are authorized for the purpose of charging the cost of supplies and materials1 including transportation and handling1 drawn from central warehouses maintained under this authority to the particular appropriation benefited4 7,b7 ,availability of supplies and materials and transfers in subsequent years4--,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 administration1 protection1 maintenance1 and improvement of ,system units for the fiscal year then current without decreasing the appropriations made for that fiscal year4 7c7 ,limitation on ,purchase of ,supplies and ,materials4--,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 year4 #ajdijb4 ,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 ,interior1 as may be required in the administration of the ,service1 at rates approved by the ,secretary for the furnishing of those services or accommodations to the ,federal ,government and without compliance with section #faja of title #da4 #ajdijc4 ,care1 removal1 and burial of indigents ,the ,secretary may provide1 out of amounts appropriated for the general expenses of ,system units1 for the temporary care and removal from a ,system unit of indigents1 and in case of death to provide for their burial in ,system units not under local jurisdiction for these purposes4 ,this section does not authorize transportation of indigents or deceased for a distance of more than #ej miles from the ,system unit4 #ajdijd4 ,hire of work animals1 vehicles1 and equipment with or without personal services ,the ,secretary may hire1 with or without personal services1 work animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the ,secretary and without compliance with section #faja of title #da4 #ajdije4 ,preparation of mats for reproduction of photographs ,the ,secretary shall prepare mats that may be used for the reproduction in magazines and newspapers of photographs of scenery in a ,system unit that1 in the opinion of the ,secretary1 would be of interest to the people of the ,united ,states and foreign nations4 ,the mats may be furnished1 without charge and under regulations the ,secretary may prescribe1 to the publishers of magazines1 newspapers1 and any other publications that may carry photographic reproductions4 #ajdijf4 ,protection of right of individuals to bear arms 7a7 ,findings4--,congress finds the following3 7#a7 ,the #b;d amendment to the ,constitution provides that 8the right of the people to keep and bear ,arms1 shall not be infringed04 7#b7 ,section #b4d7;a77#a7 of title #cf1 ,code of ,federal ,regulations1 provides that 8except as otherwise provided in this section and parts #g 7special regulations7 and #ac 7,alaska regulations71 the following are prohibited3 7i7 ,possessing a weapon1 trap or net 7ii7 ,carrying a weapon1 trap or net 7iii7 ,using a weapon1 trap or net04 7#c7 ,the regulations described in paragraph 7#b7 prevent individuals complying with ,federal and ,state laws from exercising the #b;d amendment rights of the individuals while at ,system units4 7#d7 ,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 units4 7#e7 ,although the ,bush administration issued new regulations relating to the #b;d amendment rights of law-abiding citizens in ,system units that went into effect on ,january #i1 #bjji-- 7,a7 on ,march #ai1 #bjji1 the ,united ,states ,district ,court for the ,district of ,columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations2 and 7,b7 the new regulations-- 7i7 are under review by the ,obama administration2 and 7ii7 may be altered4 7#f7 ,congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the #b;d amendment rights of law-abiding citizens on #hc1fjj1jjj acres of ,system land4 7#g7 ,federal laws should make it clear that the #b;d amendment rights of an individual at a ,system unit should not be infringed4 7b7 ,protection of ,right of ,individuals ,to ,bear ,arms in ,system ,units4--,the ,secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm1 including an assembled or functional firearm1 in any ,system unit if-- 7#a7 the individual is not otherwise prohibited by law from possessing the firearm2 and 7#b7 the possession of the firearm is in compliance with the law of the ,state in which the ,system unit is located4 #ajdijg4 ,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 ,congress4 ,division ,b--,system ,units and ,related ,areas--,reserved ,subtitle ,,ii--,outdoor ,recreation ,programs ,chapter #bjja--;,coordination of ,programs ,sec4 #bjjaja4 ,findings and declaration of policy4 #bjjajb4 ,definitions4 #bjjajc4 ,authority of ,secretary to carry out certain functions and activities4 #bjjajd4 ,consultations of ,secretary with administrative officers2 execution of administrative responsibilities in conformity with nationwide plan4 #bjjaja4 ,findings and declaration of policy ,congress finds and declares it is desirable-- 7#a7 that all ,american people of present and future generations be assured adequate outdoor recreation resources2 and 7#b7 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 conserve1 develop1 and utilize those resources for the benefit and enjoyment of the ,american people4 #bjjajb4 ,definitions ,as used in this chapter3 7#a7 ,state4--,the term 8,state01 to the extent practicable1 as determined by the ,secretary1 includes ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 and the ,northern ,mariana ,islands4 7#b7 ,united ,states4--,the term 8,united ,states0-- 7,a7 includes the ,district of ,columbia2 and 7,b7 to the extent practicable1 as determined by the ,secretary1 includes ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 and the ,northern ,mariana ,islands4 #bjjajc4 ,authority of ,secretary to carry out certain functions and activities 7a7 ,in ,general4--,to carry out this chapter1 the ,secretary may perform the functions and activities described in this section4 7b7 ,inventory and ,evaluation4--,the ,secretary may prepare and maintain a continuing inventory and evaluation of outdoor recreation needs and resources of the ,united ,states4 7c7 ,classification ,system4--,the ,secretary may prepare a system for classification of outdoor recreation resources to assist in the effective and beneficial use and management of such resources4 7d7 ,recreation ,plan4--,the ,secretary may formulate and maintain a comprehensive nationwide outdoor recreation plan1 taking into consideration the plans of the various ,federal agencies1 ,states1 and their political subdivisions4 ,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 needs4 ,the plan shall identify critical outdoor recreation problems1 recommend solutions1 and recommend desirable actions to be taken at each level of government and by private interests4 ,the ,secretary shall submit the plan to the ,president for transmittal to ,congress4 ,revisions of the plan shall be similarly transmitted at succeeding #e-year intervals4 ,when a plan or revision is transmitted to the ,congress1 the ,secretary shall transmit copies to the chief executive officials of the ,states4 7e7 ,technical ,assistance and ,advice4--,the ,secretary may provide technical assistance and advice to and cooperate with ,states1 political subdivisions1 and private interests1 including nonprofit organizations1 with respect to outdoor recreation4 7f7 ,interstate and ,regional ,cooperation4--,the ,secretary may encourage interstate and regional cooperation in the planning1 acquisition1 and development of outdoor recreation resources4 7g7 ,research1 ,information1 and ,education ,programs and ,activities4--,the ,secretary may-- 7#a7 sponsor1 engage in1 and assist in research relating to outdoor recreation1 directly or by contract or cooperative agreements1 and make payments for such purposes without regard to the limitations of section #ccbd7;a7 and 7b7 of title #ca concerning advances of funds when the ,secretary considers such action to be in the public interest2 7#b7 undertake studies and assemble information concerning outdoor recreation1 directly or by contract or cooperative agreement1 and disseminate the information without regard to section #cbjd of title #ci2 and 7#c7 cooperate with educational institutions and others to assist in establishing education programs and activities and to encourage public use and benefits from outdoor recreation4 7h7 ,cooperation and ,coordination with ,federal ,agencies4-- 7#a7 ,in general4--,the ,secretary may-- 7,a7 cooperate with and provide technical assistance to ,federal agencies and obtain from them information1 data1 reports1 advice1 and assistance that are needed and can reasonably be furnished in carrying out the purposes of this chapter2 and 7,b7 promote coordination of ,federal plans and activities generally relating to outdoor recreation4 7#b7 ,funding4--,an agency furnishing advice or assistance under this paragraph may expend its own funds for those purposes1 with or without reimbursement1 as may be agreed to by that agency4 7i7 ,donations4--,the ,secretary may accept and use donations of money1 property1 personal services1 or facilities for the purposes of this chapter4 #bjjajd4 ,consultations of ,secretary with administrative officers2 execution of administrative responsibilities in conformity with nationwide plan ,to carry out the policy declared in section #bjjaja of this title1 the heads of ,federal agencies having administrative responsibility over activities or resources the conduct or use of which is pertinent to fulfillment of that policy shall1 individually or as a group-- 7#a7 consult with and be consulted by the ,secretary from time to time both with respect to their conduct of those activities and their use of those resources and with respect to the activities that the ,secretary carries on under authority of this chapter that are pertinent to their work2 and 7#b7 carry out that responsibility in general conformance with the nationwide plan authorized under section #bjjajc7;d7 of this title4 ,chapter #bjjc--,land and ,water ,conservation ,fund ,sec4 #bjjcja4 ,definitions4 #bjjcjb4 ,establishment of ,land and ,water ,conservation ,fund4 #bjjcjc4 ,appropriations for expenditure of ,fund amounts4 #bjjcjd4 ,statement of estimated requirements4 #bjjcje4 ,financial assistance to ,states4 #bjjcjf4 ,allocation of ,fund amounts for ,federal purposes4 #bjjcjg4 ,availability of ,fund amounts for publicity purposes4 #bjjcjh4 ,contracts for acquisition of land and water4 #bjjcji4 ,contracts for options to acquire land and water in ,system4 #bjjcaj4 ,transfers to and from ,fund4 #bjjcja4 ,definitions ,in this chapter3 7#a7 ,fund4--,the term 8,fund0 means the ,land and ,water ,conservation ,fund established under section #bjjcjb of this title4 7#b7 ,state4--,the term 8,state0 means a ,state1 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 and the ,northern ,mariana ,islands4 #bjjcjb4 ,establishment of ,land and ,water ,conservation ,fund 7a7 ,establishment4--,there is established in the ,treasury the ,land and ,water ,conservation ,fund4 7b7 ,deposits4--,during the period ending ,september #cj1 #bjae1 there shall be deposited in the ,fund the following revenues and collections3 7#a7 ,all proceeds 7except so much thereof as may be otherwise obligated1 credited1 or paid under authority of the provisions of law set forth in section #egb7;a7 or #egd7;a7 to 7c7 of title #dj or under authority of any appropriation ,act that appropriates an amount1 to be derived from proceeds from the transfer of excess property and the disposal of surplus property1 for necessary expenses1 not otherwise provided for1 incident to the utilization and disposal of excess and surplus property7 received from any disposal of surplus real property and related personal property under chapter #e of title #dj1 notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the ,treasury4 ,nothing in this chapter shall affect existing laws or regulations concerning disposal of real or personal surplus property to schools1 hospitals1 and ,states and their political subdivisions4 7#b7 ,the amounts provided for in section #bjjcaj of this title4 7c7 ,authorization of ,appropriations4-- 7#a7 ,in general4--,in addition to the sum of the revenues and collections estimated by the ,secretary to be deposited in the ,fund pursuant to this section1 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 #ijj1jjj1jjj for each fiscal year through ,september #cj1 #bjae4 7#b7 ,receipts under outer continental shelf lands act4--,to the extent that amounts appropriated under paragraph 7#a7 are not sufficient to make the total annual income of the ,fund equivalent to the amounts provided in paragraph 7#a71 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 7#dc ,u4,s4,c4 #acca et seq474 7#c7 ,availability of deposits4--,notwithstanding section #bjjcjc of this title1 money deposited in the ,fund under this subsection shall remain in the ,fund until appropriated by ,congress to carry out this chapter4 #bjjcjc4 ,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 for those purposes4 ,the appropriations may be made without fiscal-year limitation4 ,amounts made available for obligation or expenditure from the ,fund may be obligated or expended only as provided in this chapter4 #bjjcjd4 ,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 ,fund4 ,not less than #dj percent of such appropriations shall be available for ,federal purposes4 #bjjcje4 ,financial assistance to ,states 7a7 ,authority of ,secretary ,to ,make ,payments4--,the ,secretary may provide financial assistance to the ,states from amounts available for ,state purposes4 ,payments may be made to the ,states by the ,secretary as provided in this section1 subject to such terms and conditions as the ,secretary considers appropriate and in the public interest to carry out the purposes of this chapter1 for outdoor recreation3 7#a7 ,planning4 7#b7 ,acquisition of land1 water1 or interests in land or water4 7#c7 ,development4 7b7 ,apportionment ,among ,states4--,amounts appropriated and available for ,state purposes for each fiscal year shall be apportioned among the ,states by the ,secretary1 whose determination shall be final1 in accordance with the following formula3 7#a7 ,forty percent of the #ast #bbe1jjj1jjj2 #cj percent of the next #bge1jjj1jjj2 and #bj percent of all additional appropriations shall be apportioned equally among the ,states4 7#b7 ,at any time1 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 chapter4 ,the determination of need shall include consideration of--- 7,a7 the proportion that the population of each ,state bears to the total population of the ,united ,states2 7,b7 the use of outdoor recreation resources of each ,state by persons from outside the ,state2 and 7,c7 the ,federal resources and programs in each ,state4 7#c7 ,the total allocation to a ,state under paragraphs 7#a7 and 7#b7 shall not exceed #aj percent of the total amount allocated to all of the ,states in any one year4 7#d7 ,the ,secretary shall notify each ,state of its apportionments4 ,the amounts shall be available for payment to the ,state for planning1 acquisition1 or development projects as prescribed4 ,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 #b fiscal years thereafter shall be reapportioned by the ,secretary in accordance with paragraph 7#b7 without regard to the #aj percent limitation to an individual ,state specified in this subsection4 7#e7 ,for the purposes of paragraph 7#a71 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 and the ,northern ,mariana ,islands shall be deemed to be one ,state1 and shall receive shares of the apportionment in proportion to their populations4 7c7 ,matching ,requirements4--,payments to any ,state shall cover not more than #ej percent of the cost of planning1 acquisition1 or development projects that are undertaken by the ,state4 ,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 ,secretary4 7d7 ,comprehensive ,state ,plan4-- 7#a7 ,required for consideration of financial assistance4--,a comprehensive statewide outdoor recreation plan shall be required prior to the consideration by the ,secretary of financial assistance for acquisition or development projects4 ,the plan shall be adequate if1 in the judgment of the ,secretary1 it encompasses and will promote the purposes of this chapter4 ,no plan shall be approved unless the chief executive official of the ,state certifies that ample opportunity for public participation in plan development and revision has been accorded4 ,the ,secretary shall develop1 in consultation with others1 criteria for public participation1 which criteria shall constitute the basis for the certification by the chief executive official4 ,the plan shall contain-- 7,a7 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 chapter2 7,b7 an evaluation of the demand for and supply of outdoor recreation resources and facilities in the ,state2 7,c7 a program for the implementation of the plan2 and 7,d7 other necessary information1 as determined by the ,secretary4 7#b7 ,factors to be considered4--,the plan shall take into account relevant ,federal resources and programs and shall be correlated so far as practicable with other ,state1 regional1 and local plans4 ,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 ,development1 any statewide outdoor recreation plan prepared for purposes of this part shall be based on the same population1 growth1 and other pertinent factors as are used in formulating plans financed by the ,secretary of ,housing and ,urban ,development4 7#c7 ,provision of assistance when plan not otherwise available or to maintain plan4--,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 plan4 7#d7 ,wetlands4--,a comprehensive statewide outdoor recreation plan shall specifically address wetlands within the ,state as an important outdoor recreation resource as a prerequisite to approval1 except that a revised comprehensive statewide outdoor recreation plan shall not be required by the ,secretary1 if a ,state submits1 and the ,secretary1 acting through the ,director1 approves1 as a part of and as an addendum to the existing comprehensive statewide outdoor recreation plan1 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 #cja of the ,emergency ,wetlands ,resources ,act of #aihf 7#af ,u4,s4,c4 #ciba7 or1 if the national plan has not been completed1 consistent with the provisions of that section4 7e7 ,projects for ,land and ,water ,acquisition and ,development of ,basic ,outdoor ,recreation ,facilities4-- 7#a7 ,in general4--,in addition to assistance for planning projects1 the ,secretary may provide financial assistance to any ,state for the types of projects described in paragraphs 7#b7 and 7#c71 or combinations of those projects1 if the projects are in accordance with the ,state comprehensive plan4 7#b7 ,acquisition of land or water4-- 7,a7 ,in general4--,under paragraph 7#a71 the ,secretary may provide financial assistance for a project for the acquisition of land1 water1 or an interest in land or water1 or a wetland area or an interest in a wetland area1 as identified in the wetlands provisions of the comprehensive plan 7other than land1 water1 or an interest in land or water acquired from the ,united ,states for less than fair market value71 but not including incidental costs relating to acquisition4 7,b7 ,retention of right of use and occupancy4--,when a ,state provides that the owner of a single-family residence may1 at the owner's option1 elect to retain a right of use and occupancy for not less than #f months after the date of acquisition of the residence and the owner elects to retain such a right-- 7i7 the owner shall be deemed to have waived any benefits under sections #bjc to #bjf of the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfbc to #dfbf72 and 7ii7 for the purposes of those sections the owner shall not be deemed to be a displaced person as defined in section #aja of that ,act 7#db ,u4,s4,c4 #dfja74 7#c7 ,development of basic outdoor recreation facilities4--,under paragraph 7#a71 the ,secretary may provide financial assistance for a project for development of basic outdoor recreation facilities to serve the general public1 including the development of ,federal land under lease to ,states for terms of #be years or more4 ,no assistance shall be available under this chapter to enclose or shelter a facility normally used for an outdoor recreation activity1 but the ,secretary may permit local funding1 not to exceed #aj percent of the total amount allocated to a ,state in any one year1 to be used for construction of a sheltered facility for a swimming pool or ice skating rink in an area where the ,secretary determines that the construction is justified by the severity of climatic conditions and the increased public use made possible by the construction4 7f7 ,payments4-- 7#a7 ,criteria for making payments4--,the ,secretary may make a payment to a ,state only for a planning1 acquisition1 or development project that is approved by the ,secretary4 ,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 activity1 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 chapter4 ,the ,secretary may make payments from time to time in keeping with the rate of progress toward the satisfactory completion of a project4 ,the approval of all projects and all payments1 or any commitments relating thereto1 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 projects1 and to operate and maintain by acceptable standards1 at ,state expense1 the properties or facilities acquired or developed for public outdoor recreation use4 7#b7 ,payment recipients4--,payments for all projects shall be made by the ,secretary to the chief executive official of the ,state or to a ,state official or agency designated by the chief executive official or by ,state law having authority and responsibility to accept and to administer funds paid under this section for approved projects4 ,if consistent with an approved project1 funds may be transferred by the ,state to a political subdivision or other appropriate public agency4 7#c7 ,conversion to other than public outdoor recreation use4--,no property acquired or developed with assistance under this section shall1 without the approval of the ,secretary1 be converted to other than public outdoor recreation use4 ,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 location4 ,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 ,secretary1 acting through the ,director1 shall be deemed to be of reasonably equivalent usefulness with the property proposed for conversion4 7#d7 ,reports and accounting procedures4--,no payment shall be made to any ,state until the ,state has agreed to-- 7,a7 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 chapter2 and 7,b7 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 chapter4 7g7 ,records4--,a recipient of assistance under this chapter shall keep such records as the ,secretary shall prescribe1 including records that fully disclose-- 7#a7 the amount and the disposition by the recipient of the proceeds of the assistance2 7#b7 the total cost of the project or undertaking in connection with which the assistance is given or used2 and 7#c7 the amount and nature of that portion of the cost of the project or undertaking supplied by other sources1 and such other records as will facilitate an effective audit4 7h7 ,access to ,records4--,the ,secretary1 and the ,comptroller ,general1 or any of their duly authorized representatives1 shall have access for the purpose of audit and examination to any records of the recipient that are pertinent to assistance received under this chapter4 7i7 ,prohibition of ,discrimination4--,with respect to property acquired or developed with assistance from the ,fund1 discrimination on the basis of residence1 including preferential reservation or membership systems1 is prohibited except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence4 7j7 ,coordination ,with ,federal ,agencies4--,to ensure consistency in policies and actions under this chapter with other related ,federal programs and activities and to ensure coordination of the planning1 acquisition1 and development assistance to ,states under this section with other related ,federal programs and activities-- 7#a7 the ,president may issue such regulations with respect thereto as the ,president considers desirable2 and 7#b7 the assistance may be provided only in accordance with the regulations4 7k7 ,capital ,improvement and ,other ,projects ,to ,reduce ,crime4-- 7#a7 ,availability and purpose of funds4--,in addition to assistance for planning projects1 and in addition to the projects identified in subsection 7e71 and from amounts appropriated out of the ,violent ,crime ,reduction ,trust ,fund1 the ,secretary may provide financial assistance to the ,states1 not to exceed #ae1jjj1jjj1 for projects or combinations thereof for the purpose of making capital improvements and other measures to increase safety in urban parks and recreation areas1 including funds to-- 7,a7 increase lighting within or adjacent to public parks and recreation areas2 7,b7 provide emergency telephone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas2 7,c7 increase security personnel within or adjacent to public parks and recreation areas2 and 7,d7 fund any other project intended to increase the security and safety of public parks and recreation areas4 7#b7 ,eligibility4--,in addition to the requirements for project approval imposed by this section1 eligibility for assistance under this subsection shall depend on a showing of need4 ,in providing funds under this subsection1 the ,secretary shall give priority to projects proposed for urban parks and recreation areas with the highest rates of crime and1 in particular1 to urban parks and recreation areas with the highest rates of sexual assault4 7#c7 ,federal share4--,notwithstanding subsection 7c71 the ,secretary may provide #gj percent improvement grants for projects undertaken by a ,state for the purposes described in this subsection4 #bjjcjf4 ,allocation of ,fund amounts for ,federal purposes 7a7 ,allowable ,purposes and ,subpurposes4-- 7#a7 ,in general4--,amounts appropriated from the ,fund for ,federal purposes shall1 unless otherwise allotted in the appropriation ,act making them available1 be allotted by the ,president for the purposes and subpurposes stated in this subsection4 7#b7 ,acquisition of land1 water1 or an interest in land or water4-- 7,a7 ,system units and recreation areas administered for recreation purposes4--,amounts shall be allotted for the acquisition of land1 water1 or an interest in land or water within the exterior boundary of-- 7i7 a ,system unit authorized or established2 and 7ii7 an area authorized to be administered by the ,secretary for outdoor recreation purposes4 7,b7 ,national forest system4-- 7i7 ,in general4--,amounts shall be allotted for the acquisition of land1 water1 or an interest in land or water within inholdings within-- 7,i7 wilderness areas of the ,national ,forest ,system2 and 7,,ii7 other areas of national forests as the boundaries of those forests existed on ,january #a1 #aife1 or purchase units approved by the ,national ,forest ,reservation ,commission subsequent to ,january #a1 #aife1 all of which other areas are primarily of value for outdoor recreation purposes4 7ii7 ,adjacent land4--,land outside but adjacent to an existing national forest boundary1 not to exceed #c1jjj acres in the case of any one forest1 that would comprise an integral part of a forest recreational management area may also be acquired with amounts appropriated from the ,fund4 7iii7 ,limitation4--,except for areas specifically authorized by ,act of ,congress1 not more than #ae percent of the acreage added to the ,national ,forest ,system pursuant to this section shall be west of the #ajjth meridian4 7,c7 ,endangered species and threatened species2 fish and wildlife refuge areas2 national wildlife refuge system4--,amounts shall be allotted for the acquisition of land1 water1 or an interest in land or water for-- 7i7 endangered species and threatened species authorized under section #e7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecd7;a772 7ii7 areas authorized by section #b of the ,refuge ,recreation ,act 7#af ,u4,s4,c4 #dfjk-#a72 7iii7 national wildlife refuge areas under section #g7;a77#d7 of the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;f7a77#d77 and wetlands acquired under section #cjd of the ,emergency ,wetlands ,resources ,act of #aihf 7#af ,u4,s4,c4 #cibb72 and 7iv7 any area authorized for the ,national ,wildlife ,refuge ,system by specific ,acts4 7#c7 ,payment as offset of capital costs4--,amounts shall be allotted for payment into miscellaneous receipts of the ,treasury as a partial offset for capital costs1 if any1 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 agencies4 7#d7 ,availability of appropriations4--,appropriations allotted for the acquisition of land1 water1 or an interest in land or water as set forth under subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 shall be available for those acquisitions notwithstanding any statutory ceiling on the appropriations contained in any other provision of law enacted prior to ,january #d1 #aigg1 or1 in the case of national recreation areas1 prior to ,january #ae1 #aigi1 except that for any such area expenditures shall not exceed a statutory ceiling during any one fiscal year by #aj percent of the ceiling or #a1jjj1jjj1 whichever is greater4 7b7 ,acquisition ,restrictions4--,appropriations from the ,fund pursuant to this section shall not be used for acquisition unless the acquisition is otherwise authorized by law4 ,appropriations from the ,fund may be used for preacquisition work where authorization is imminent and where substantial monetary savings could be realized4 #bjjcjg4 ,availability of ,fund amounts for publicity purposes 7a7 ,in ,general4--,amounts derived from the sources listed in section #bjjcjb of this title shall not be available for publicity purposes4 7b7 ,exception for ,temporary ,signing4--,in a case where significant acquisition or development is initiated1 appropriate standardized temporary signing shall be located on or near the affected site1 to the extent feasible1 so as to indicate the action taken is a product of funding made available through the ,fund4 ,the signing may indicate the percentage amounts and dollar amounts financed by ,federal and non-,federal funds1 and that the source of the funding includes amounts derived from ,outer ,continental ,shelf receipts4 ,the ,secretary shall prescribe standards and guidelines for the usage of the signing to ensure consistency of design and application4 #bjjcjh4 ,contracts for acquisition of land and water ,not more than #cj1jjj1jjj of the amount authorized to be appropriated from the ,fund by section #bjjcjc of this title may be obligated by contract during each fiscal year for the acquisition of land1 water1 or interest in land or water within areas specified in section #bjjcjf7;a77#b7 of this title4 ,the contract may be executed by the head of the department concerned1 within limitations prescribed by the ,secretary4 ,the contract shall be a contractual obligation of the ,united ,states and shall be liquidated with money appropriated from the ,fund specifically for liquidation of that contract obligation4 ,no contract may be entered into for the acquisition of property pursuant to this section unless the acquisition is otherwise authorized by ,federal law4 #bjjcji4 ,contracts for options to acquire land and water in ,system ,the ,secretary may enter into contracts for options to acquire land1 water1 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 ,system4 ,the minimum period of any such option shall be #b years1 and any sums expended for the purchase of an option shall be credited to the purchase price of the area4 ,not more than #ejj1jjj of the sum authorized to be appropriated from the ,fund by section #bjjcjc of this title may be expended by the ,secretary in any one fiscal year for the options4 #bjjcaj4 ,transfers to and from ,fund 7a7 ,motorboat ,fuel ,taxes4--,there shall be set aside in the ,fund the amounts specified in section #iejc7;c77#c77;,b7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #iejc7;c77#c77;,b774 7b7 ,refunds of ,taxes4--,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-- 7#a7 the amounts paid before ,october #a1 #bjag1 under section #fdba of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fdba7 with respect to gasoline used after ,december #ca1 #aifd1 in motorboats1 on the basis of claims filed for periods ending before ,october #a1 #bjaf2 and 7#b7 #hj percent of the floor stocks refunds made before ,october #a1 #bjag1 under section #fdab7;a77#a7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fdab7;a77#a77 with respect to gasoline to be used in motorboats4 ,chapter #bjje--,urban ,park and ,recreation ,recovery ,program ,sec4 #bjjeja4 ,definitions4 #bjjejb4 ,federal assistance4 #bjjejc4 ,rehabilitation grants and innovation grants4 #bjjejd4 ,recovery action programs4 #bjjeje4 ,state action4 #bjjejf4 ,non-,federal share of project costs4 #bjjejg4 ,conversion of recreation property4 #bjjejh4 ,coordination of program4 #bjjeji4 ,recordkeeping4 #bjjeaj4 ,inapplicability of matching provisions4 #bjjeaa4 ,funding limitations4 #bjjeja4 ,definitions ,in this chapter3 7#a7 ,at-risk youth recreation grant4-- 7,a7 ,in general4--,the term 8at-risk youth recreation grant0 means a grant in a neighborhood or community with a high prevalence of crime1 particularly violent crime or crime committed by youthful offenders4 7,b7 ,inclusions4--,the term 8at-risk youth recreation grant0 includes-- 7i7 a rehabilitation grant2 7ii7 an innovation grant2 and 7iii7 a matching grant for continuing program support for a program of demonstrated value or success in providing constructive alternatives to youth at risk for engaging in criminal behavior1 including a grant for operating1 or coordinating1 a recreation program or service4 7,c7 ,additional uses of rehabilitation grant4--,in addition to the purposes specified in paragraph 7#h71 a rehabilitation grant that serves as an at-risk youth recreation grant may be used for the provision of lighting1 emergency phones1 or any other capital improvement that will improve the security of an urban park4 7#b7 ,general purpose local government4--,the term 8general purpose local government0 means-- 7,a7 a city1 county1 town1 township1 village1 or other general purpose political subdivision of a ,state2 and 7,b7 the ,district of ,columbia4 7#c7 ,innovation grant4--,the term 8innovation grant0 means a matching grant to a local government to cover costs of personnel1 facilities1 equipment1 supplies1 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 service1 not including routine operation and maintenance activities4 7#d7 ,maintenance4--,the term 8maintenance0 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 tear4 7#e7 ,private1 nonprofit agency4--,the term 8private1 nonprofit agency0 means a community-based1 nonprofit organization1 corporation1 or association organized for purposes of providing recreational1 conservation1 and educational services directly to urban residents on a neighborhood or communitywide basis through voluntary donations1 voluntary labor1 or public or private grants4 7#f7 ,recovery action program grant4-- 7,a7 ,in general4--,the term 8recovery action program grant0 means a matching grant to a local government for development of local park and recreation recovery action programs to meet the requirements of this chapter4 7,b7 ,use4--,a recovery action program grant shall be used for resource and needs assessment1 coordination1 citizen involvement and planning1 and program development activities to-- 7i7 encourage public definition of goals2 and 7ii7 develop priorities and strategies for overall recreation system recovery4 7#g7 ,recreation area or facility4--,the term 8recreation area or facility0 means an indoor or outdoor park1 building1 site1 or other facility that is dedicated to recreation purposes and administered by a public or private nonprofit agency to serve the recreation needs of community residents4 ,emphasis shall be on public facilities readily accessible to residential neighborhoods1 including multiple-use community centers that have recreation as one of their primary purposes1 but excluding major sports arenas1 exhibition areas1 and conference halls used primarily for commercial sports1 spectator1 or display activities4 7#h7 ,rehabilitation grant4--,the term 8rehabilitation grant0 means a matching capital grant to a local government for rebuilding1 remodeling1 expanding1 or developing an existing outdoor or indoor recreation area or facility1 including improvements in park landscapes1 buildings1 and support facilities1 but excluding routine maintenance and upkeep activities4 7#i7 ,special purpose local government4-- 7,a7 ,in general4--,the term 8special purpose local government0 means a local or regional special district1 public-purpose corporation1 or other limited political subdivision of a ,state4 7,b7 ,inclusions4--,the term 8special purpose local government0 includes-- 7i7 a park authority2 7ii7 a park1 conservation1 water1 or sanitary district2 and 7iii7 a school district4 7#aj7 ,state4--,the term 8,state0 means a ,state1 an instrumentality of a ,state approved by the ,governor of the ,state1 ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 and the ,northern ,mariana ,islands4 #bjjejb4 ,federal assistance 7a7 ,eligibility ,determined by ,secretary4--,eligibility of general purpose local governments for assistance under this chapter shall be based on need as determined by the ,secretary4 ,the ,secretary shall publish in the ,federal ,register a list of local governments eligible to participate in this program1 to be accompanied by a discussion of criteria used in determining eligibility4 ,criteria shall be based on factors that the ,secretary determines are related to deteriorated recreational facilities or systems and physical and economic distress4 7b7 ,additional ,eligible ,general ,purpose ,local ,governments4--,in addition to eligible local governments established in accordance with subsection 7a71 the ,secretary may establish eligibility1 in accord with the findings and purpose of the ,urban ,park and ,recreation ,recovery ,act of #aigh 7,public ,law #ie-fbe1 #ib ,stat4 #cech71 of other general purpose local governments in metropolitan statistical areas as defined by the ,director of the ,office of ,management and ,budget4 7c7 ,priority ,criteria for ,project ,selection and ,approval4-- 7#a7 ,in general4--,the ,secretary shall establish priority criteria for project selection and approval that consider such factors as-- 7,a7 population2 7,b7 condition of existing recreation areas and facilities2 7,c7 demonstrated deficiencies in access to neighborhood recreation opportunities1 particularly for minority and low- and moderate-income residents2 7,d7 public participation in determining rehabilitation or development needs2 7,e7 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 program2 7,f7 the extent to which a proposed project would provide-- 7i7 employment opportunities for minorities1 youth1 and low- and moderate-income residents in the project neighborhood2 7ii7 for participation of neighborhood1 nonprofit1 or tenant organizations in the proposed rehabilitation activity or in subsequent maintenance1 staffing1 or supervision of recreation areas and facilities2 or 7iii7 both2 and 7,g7 the amount of ,state and private support for a project as evidenced by commitments of non-,federal resources to project construction or operation4 7#b7 ,at-risk youth recreation grants4--,for at-risk youth recreation grants1 the ,secretary shall give a priority to each of the following criteria3 7,a7 ,programs that are targeted to youth who are at the greatest risk of becoming involved in violence and crime4 7,b7 ,programs that teach important values and life skills1 including teamwork1 respect1 leadership1 and self-esteem4 7,c7 ,programs that offer tutoring1 remedial education1 mentoring1 and counseling in addition to recreation opportunities4 7,d7 ,programs that offer services during late night or other nonschool hours4 7,e7 ,programs that demonstrate collaboration between local park and recreation1 juvenile justice1 law enforcement1 and youth social service agencies and nongovernmental entities1 including the private sector and community and nonprofit organizations4 7,f7 ,programs that leverage public or private recreation investments in the form of services1 materials1 or cash4 7,g7 ,programs that show the greatest potential of being continued with non-,federal funds or that can serve as models for other communities4 7d7 ,limitation of ,funds4--,grants to discretionary applicants under subsection 7b7 may not be more than #ae percent of the total amount of funds appropriated under this chapter for rehabilitation grants1 innovation grants1 and recovery action program grants4 #bjjejc4 ,rehabilitation grants and innovation grants 7a7 ,matching ,grants4--,the ,secretary may provide #gj percent matching rehabilitation grants and innovation grants directly to eligible general purpose local governments on the ,secretary's approval of applications for the grants by the chief executive officials of those governments4 7b7 ,special ,considerations4--,an innovation grant should be closely tied to goals1 priorities1 and implementation strategies expressed in local park and recreation recovery action programs1 with particular regard to the special considerations listed in section #bjjejd7;c77#b7 of this title4 7c7 ,transfer4--,if consistent with an approved application1 a grant recipient may transfer a rehabilitation grant or innovation grant in whole or in part to an independent special purpose local government1 private nonprofit agency1 or county or regional park authority if the assisted recreation area or facility owned or managed by the transferree offers recreation opportunities to the general population within the jurisdictional boundaries of the grant recipient4 7d7 ,payments4--,payments may be made only for a rehabilitation project or innovation project that has been approved by the ,secretary4 ,payments may be made from time to time in keeping with the rate of progress toward the satisfactory completion of the project1 except that the ,secretary1 when appropriate1 may make advance payments on an approved rehabilitation project or innovation project in an amount not to exceed #bj percent of the total project cost4 7e7 ,modification of ,project4--,the ,secretary may authorize modification of an approved project only when a grant recipient adequately demonstrates that the modification is necessary because of circumstances not foreseeable at the time at which the project was proposed4 #bjjejd4 ,recovery action programs 7a7 ,evidence of ,local ,commitment to ,ongoing ,programs4--,as a requirement for project approval1 local governments applying for assistance under this chapter shall submit to the ,secretary evidence of their commitments to ongoing planning1 rehabilitation1 service1 operation1 and maintenance programs for their park and recreation systems4 ,these commitments will be expressed in local park and recreation recovery action programs that maximize coordination of all community resources1 including other federally supported urban development and recreation programs4 ,during an initial interim period to be established by regulations under this chapter1 this requirement may be satisfied by local government submissions of preliminary action programs that briefly define objectives1 priorities1 and implementation strategies for overall system recovery and maintenance and commit the applicant to a scheduled program development process4 ,following this interim period1 all local applicants shall submit to the ,secretary1 as a condition of eligibility1 a #e-year action program for park and recreation recovery that satisfactorily demonstrates-- 7#a7 systematic identification of recovery objectives1 priorities1 and implementation strategies2 7#b7 adequate planning for rehabilitation of specific recreation areas and facilities1 including projections of the cost of proposed projects2 7#c7 the capacity and commitment to ensure that facilities provided or improved under this chapter shall continue to be adequately maintained1 protected1 staffed1 and supervised2 7#d7 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 applicant2 and 7#e7 the relationship of the park and recreation recovery program to overall community development and urban revitalization efforts4 7b7 ,continuing ,planning ,process4--,where appropriate1 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 development4 7c7 ,special ,considerations4--,action programs shall address1 but are not limited to-- 7#a7 rehabilitation of existing recreational areas and facilities1 including-- 7,a7 general systemwide renovation2 7,b7 special rehabilitation requirements for recreational areas and facilities in areas of high population concentration and economic distress2 and 7,c7 restoration of outstanding or unique structures1 landscaping1 or similar features in parks of historical or architectural significance2 and 7#b7 local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment recovery of park and recreation systems1 including-- 7,a7 recycling of abandoned schools and other public buildings for recreational purposes2 7,b7 multiple use of operating educational and other public buildings1 purchase of recreation services on a contractual basis2 7,c7 use of mobile facilities and recreational1 cultural1 and educational programs or other innovative approaches to improving access for neighborhood residents2 7,d7 integration of recovery program with federally assisted projects to maximize recreational opportunities through conversion of abandoned railroad and highway rights of way1 waterfront1 and other redevelopment efforts and such other federally assisted projects as may be appropriate2 7,e7 conversion of recreation use of street space1 derelict land1 and other public land not now designated for neighborhood recreational use2 and 7,f7 use of various forms of compensated and uncompensated land regulation1 tax inducements1 or other means to encourage the private sector to provide neighborhood park and recreation facilities and programs4 7d7 ,publication in ,federal ,register4--,the ,secretary shall establish and publish in the ,federal ,register requirements for preparation1 submission1 and updating of local park and recreation recovery action programs4 7e7 ,eligibility for ,at-,risk ,youth ,recreation ,grants4--,to be eligible to receive at-risk youth recreation grants a local government shall amend its #e-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 goal4 ,the plan shall also address how the local government is coordinating its recreation programs with crime prevention efforts of law enforcement1 juvenile corrections1 and youth social service agencies4 7f7 ,matching ,recovery ,action ,program ,grants4--,the ,secretary may provide up to #ej percent matching recovery action program grants to eligible local governments for program development and planning specifically to meet the objectives of this chapter4 #bjjeje4 ,state action 7a7 ,additional ,match4--,the ,secretary may increase rehabilitation grants or innovation grants authorized in section #bjjejc of this title by providing an additional match equal to the total match provided by a ,state of up to #ae percent of total project costs4 ,the ,federal matching amount shall not exceed #he percent of total project cost4 7b7 ,adequate ,implementation of ,local ,recovery ,plans4--,the ,secretary shall encourage ,states to assist the ,secretary in ensuring-- 7#a7 that local recovery plans and programs are adequately implemented by cooperating with the ,secretary in monitoring local park and recreation recovery plans and programs2 and 7#b7 consistency of the plans and programs1 where appropriate1 with ,state recreation policies as set forth in statewide comprehensive outdoor recreation plans4 #bjjejf4 ,non-,federal share of project costs 7a7 ,sources4-- 7#a7 ,allowable sources4--,the non-,federal share of project costs assisted under this chapter may be derived from general or special purpose ,state or local revenues1 ,state categorical grants1 special appropriations by ,state legislatures1 donations of land1 buildings1 or building materials1 and in-kind construction1 technical1 and planning services4 ,reasonable local costs of recovery action program development to meet the requirements of section #bjjejd7;a7 of this title may be used as part of the local match only when the local government has not received a recovery action program grant4 7#b7 ,non-allowable sources4--,no amount from the ,land and ,water ,conservation ,fund or from any other ,federal grant program other than the community development block grant programs shall be used to match ,federal grants under this program4 7b7 ,encouragement of ,states and ,private ,interests4--,the ,secretary shall encourage ,states and private interests to contribute1 to the maximum extent possible1 to the non-,federal share of project costs4 #bjjejg4 ,conversion of recreation property ,no property improved or developed with assistance under this chapter shall1 without the approval of the ,secretary1 be converted to other than public recreation uses4 ,the ,secretary shall approve such a conversion only if the ,secretary finds it to be in accord with the then-current local park and recreation recovery action program and only on such conditions as the ,secretary considers necessary to ensure the provision of adequate recreation properties and opportunities of reasonably equivalent location and usefulness4 #bjjejh4 ,coordination of program ,the ,secretary shall-- 7#a7 coordinate the urban park and recreation recovery program with the total urban recovery effort and cooperate to the fullest extent possible with other ,federal agencies and with ,state agencies that administer programs and policies affecting urban areas1 including programs in housing1 urban development1 natural resources management1 employment1 transportation1 community services1 and voluntary action2 7#b7 encourage maximum coordination of the program between ,state agencies and local applicants2 and 7#c7 require that local applicants include provisions for participation of community and neighborhood residents and for public-private coordination in recovery planning and project selection4 #bjjeji4 ,recordkeeping 7a7 ,in ,general4--,a recipient of assistance under this chapter shall keep such records as the ,secretary shall prescribe1 including-- 7#a7 records that disclose-- 7,a7 the amount and disposition of project undertakings in connection with which assistance under this chapter is given or used2 and 7,b7 the amount and nature of the portion of the cost of the project or undertaking that is supplied by other sources2 and 7#b7 such other records as will facilitate an effective audit4 7b7 ,access4--,the ,secretary and the ,comptroller ,general shall have access for the purpose of audit and examination to any records of the recipient that are pertinent to assistance received under this chapter4 #bjjeaj4 ,inapplicability of matching provisions ,amounts authorized for ,guam1 ,american ,samoa1 the ,virgin ,islands1 and the ,northern ,mariana ,islands are not subject to the matching provisions of this chapter1 and may be subject only to such conditions1 reports1 plans1 and agreements1 if any1 as the ,secretary may determine4 #bjjeaa4 ,funding limitations 7a7 ,limitation of ,funds4--,the amount of grants made under this chapter for projects in any one ,state for any fiscal year shall not be more than #ae percent of the amount made available for grants to all of the ,states for that fiscal year4 7b7 ,recovery ,action ,program ,grants4--,not more than #c percent of the amount made available for grants under this chapter for a fiscal year shall be used for recovery action program grants4 7c7 ,innovation ,grants4--,not more than #aj percent of the amount made available for grants under this chapter for a fiscal year shall be used for innovation grants4 7d7 ,program ,support4--,not more than #be percent of the amount made available under this chapter to any local government shall be used for program support4 7e7 ,no ,land ,acquisition4--,no funds made available under this chapter shall be used for the acquisition of land or an interest in land4 ,subtitle ,,iii--,national ,preservation ,programs ,division ,a--,historic ,preservation,subdivision #a--;,general ,provisions ,chapter #cjja--,policy ,sec4 #cjjaja4 ,policy4 #cjjaja4 ,policy ,it is the policy of the ,federal ,government1 in cooperation with other nations and in partnership with ,states1 local governments1 ,indian tribes1 ,native ,hawaiian organizations1 and private organizations and individuals1 to-- 7#a7 use measures1 including financial and technical assistance1 to foster conditions under which our modern society and our historic property can exist in productive harmony and fulfill the social1 economic1 and other requirements of present and future generations2 7#b7 provide leadership in the preservation of the historic property of the ,united ,states and of the international community of nations and in the administration of the national preservation program2 7#c7 administer federally owned1 administered1 or controlled historic property in a spirit of stewardship for the inspiration and benefit of present and future generations2 7#d7 contribute to the preservation of nonfederally owned historic property and give maximum encouragement to organizations and individuals undertaking preservation by private means2 7#e7 encourage the public and private preservation and utilization of all usable elements of the ,nation's historic built environment2 and 7#f7 assist ,state and local governments1 ,indian tribes and ,native ,hawaiian organizations1 and the ,national ,trust to expand and accelerate their historic preservation programs and activities4 ,chapter #cjjc--;,definitions ,sec4 #cjjcja4 ,agency4 #cjjcjb4 ,certified local government4 #cjjcjc4 ,council4 #cjjcjd4 ,cultural park4 #cjjcje4 ,historic conservation district4 #cjjcjf4 ,historic ,preservation ,fund4 #cjjcjg4 ,historic preservation review commission4 #cjjcjh4 ,historic property4 #cjjcji4 ,indian tribe4 #cjjcaj4 ,local government4 #cjjcaa4 ,national ,register4 #cjjcab4 ,national ,trust4 #cjjcac4 ,native ,hawaiian4 #cjjcad4 ,native ,hawaiian organization4 #cjjcae4 ,preservation or historic preservation4 #cjjcaf4 ,secretary4 #cjjcag4 ,state4 #cjjcah4 ,state historic preservation review board4 #cjjcai4 ,tribal land4 #cjjcbj4 ,undertaking4 #cjjcba4 ,world ,heritage ,convention4 #cjjcja4 ,agency ,in this division1 the term 8agency0 has the meaning given the term in section #eea of title #e4 #cjjcjb4 ,certified local government ,in this division1 the term 8certified local government0 means a local government whose local historic preservation program is certified pursuant to chapter #cjbe of this title4 #cjjcjc4 ,council ,in this division1 the term 8,council0 means the ,advisory ,council on ,historic ,preservation established by section #cjdaja of this title4 #cjjcjd4 ,cultural park ,in this division1 the term 8cultural park0 means a definable area that-- 7,a7 is distinguished by historic property1 prehistoric property1 and land related to that property2 and 7,b7 constitutes an interpretive1 educational1 and recreational resource for the public at large4 #cjjcje4 ,historic conservation district ,in this division1 the term 8historic conservation district0 means an area that contains-- 7#a7 historic property2 7#b7 buildings having similar or related architectural characteristics2 7#c7 cultural cohesiveness2 or 7#d7 any combination of features described in paragraphs 7#a7 to 7#c74 #cjjcjf4 ,historic ,preservation ,fund ,in this division1 the term 8,historic ,preservation ,fund0 means the ,historic ,preservation ,fund established under section #cjcaja of this title4 #cjjcjg4 ,historic preservation review commission ,in this division1 the term 8historic preservation review commission0 means a board1 council1 commission1 or other similar collegial body-- 7#a7 that is established by ,state or local legislation as provided in section #cjbejc7;a77#b7 of this title2 and 7#b7 the members of which are appointed by the chief elected official of a jurisdiction 7unless ,state or local law provides for appointment by another official7 from among-- 7,a7 professionals in the disciplines of architecture1 history1 architectural history1 planning1 prehistoric and historic archeology1 folklore1 cultural anthropology1 curation1 conservation1 and landscape architecture1 or related disciplines1 to the extent that those professionals are available in the community2 and 7,b7 other individuals who have demonstrated special interest1 experience1 or knowledge in history1 architecture1 or related disciplines and will provide for an adequate and qualified commission4 #cjjcjh4 ,historic property ,in this division1 the term 8historic property0 means any prehistoric or historic district1 site1 building1 structure1 or object included on1 or eligible for inclusion on1 the ,national ,register1 including artifacts1 records1 and material remains relating to the district1 site1 building1 structure1 or object4 #cjjcji4 ,indian tribe ,in this division1 the term 8,indian tribe0 means an ,indian tribe1 band1 nation1 or other organized group or community1 including a ,native village1 ,regional ,corporation or ,village ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb771 that is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 #cjjcaj4 ,local government ,in this division1 the term 8local government0 means a city1 county1 township1 municipality1 or borough1 or any other general purpose political subdivision of any ,state4 #cjjcaa4 ,national ,register ,in this division1 the term 8,national ,register0 means the ,national ,register of ,historic ,places maintained under chapter #cjba of this title4 #cjjcab4 ,national ,trust ,in this division1 the term 8,national ,trust0 means the ,national ,trust for ,historic ,preservation in the ,united ,states established under section #cabajb of this title4 #cjjcac4 ,native ,hawaiian ,in this division1 the term 8,native ,hawaiian0 means any individual who is a descendant of the aboriginal people who1 prior to #aggh1 occupied and exercised sovereignty in the area that now constitutes ,hawaii4 #cjjcad4 ,native ,hawaiian organization 7a7 ,in general4--,in this division1 the term 8,native ,hawaiian organization0 means any organization that-- 7#a7 serves and represents the interests of ,native ,hawaiians2 7#b7 has as a primary and stated purpose the provision of services to ,native ,hawaiians2 and 7#c7 has demonstrated expertise in aspects of historic preservation that are culturally significant to ,native ,hawaiians4 7b7 ,inclusions4--,in this division1 the term 8,native ,hawaiian organization0 includes the ,office of ,hawaiian ,affairs of ,hawaii and ,hui ,malama ,i ,na ,kupuna ,o ,hawai'i ,nei1 an organization incorporated under the laws of the ,state of ,hawaii4 #cjjcae4 ,preservation or historic preservation ,in this division1 the term 8preservation0 or 8historic preservation0 includes-- 7#a7 identification1 evaluation1 recordation1 documentation1 curation1 acquisition1 protection1 management1 rehabilitation1 restoration1 stabilization1 maintenance1 research1 interpretation1 and conservation2 7#b7 education and training regarding the foregoing activities2 or 7#c7 any combination of the foregoing activities4 #cjjcaf4 ,secretary ,in this division1 the term 8,secretary0 means the ,secretary acting through the ,director4 #cjjcag4 ,state ,in this division1 the term 8,state0 means-- 7#a7 a ,state1 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 and the ,northern ,mariana ,islands2 and 7#b7 the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau4 #cjjcah4 ,state historic preservation review board ,in this division1 the term 8,state historic preservation review board0 means a board1 council1 commission1 or other similar collegial body established as provided in section #cjbcja7b7 of this title-- 7#a7 the members of which are appointed by the ,state ,historic ,preservation ,officer 7unless otherwise provided for by ,state law72 7#b7 a majority of the members of which are professionals qualified in history1 prehistoric and historic archeology1 architectural history1 architecture1 folklore1 cultural anthropology1 curation1 conservation1 landscape architecture1 and related disciplines2 and 7#c7 that has the authority to-- 7,a7 review ,national ,register nominations and appeals from nominations2 7,b7 review appropriate documentation submitted in conjunction with the ,historic ,preservation ,fund2 7,c7 provide general advice and guidance to the ,state ,historic ,preservation ,officer2 and 7,d7 perform such other duties as may be appropriate4 #cjjcai4 ,tribal land ,in this division1 the term 8tribal land0 means-- 7#a7 all land within the exterior boundaries of any ,indian reservation2 and 7#b7 all dependent ,indian communities4 #cjjcbj4 ,undertaking ,in this division1 the term 8undertaking0 means a project1 activity1 or program funded in whole or in part under the direct or indirect jurisdiction of a ,federal agency1 including-- 7#a7 those carried out by or on behalf of the ,federal agency2 7#b7 those carried out with ,federal financial assistance2 7#c7 those requiring a ,federal permit1 license1 or approval2 and 7#d7 those subject to ,state or local regulation administered pursuant to a delegation or approval by a ,federal agency4 #cjjcba4 ,world ,heritage ,convention ,in this division1 the term 8,world ,heritage ,convention0 means the ,convention concerning the ,protection of the ,world ,cultural and ,natural ,heritage1 done at ,paris ,november #bc1 #aigb 7#bg ,,ust #cg74,subdivision #b--;,historic ,preservation ,program ,chapter #cjba--,national ,register of ,historic ,places ,sec4 #cjbaja4 ,maintenance by ,secretary4 #cjbajb4 ,inclusion of properties on ,national ,register4 #cjbajc4 ,criteria and regulations relating to ,national ,register1 ,national ,historic ,landmarks1 and ,world ,heritage ,list4 #cjbajd4 ,nominations for inclusion on ,national ,register4 #cjbaje4 ,owner participation in nomination process4 #cjbajf4 ,retention of name4 #cjbajg4 ,regulations4 #cjbajh4 ,review of threats to historic property4 #cjbaja4 ,maintenance by ,secretary ,the ,secretary may expand and maintain a ,national ,register of ,historic ,places composed of districts1 sites1 buildings1 structures1 and objects significant in ,american history1 architecture1 archeology1 engineering1 and culture4 #cjbajb4 ,inclusion of properties on ,national ,register 7a7 ,in ,general4--,a property that meets the criteria for ,national ,historic ,landmarks established pursuant to section #cjbajc of this title shall be designated as a ,national ,historic ,landmark and included on the ,national ,register1 subject to the requirements of section #cjbajg of this title4 7b7 ,historic ,property on ,national ,register on ,december #ab1 #aihj4--;,all historic property included on the ,national ,register on ,december #ab1 #aihj1 shall be deemed to be included on the ,national ,register as of their initial listing for purposes of this division4 7c7 ,historic ,property ,listed in ,federal ,register of ,february #f1 #aigi1 or ,prior to ,december #ab1 #aihj1 as ,national ,historic ,landmarks4--,all historic property listed in the ,federal ,register of ,february #f1 #aigi1 or prior to ,december #ab1 #aihj1 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 #cbja of this title1 except that in the case of a ,national ,historic ,landmark district for which no boundaries had been established as of ,december #ab1 #aihj1 boundaries shall first be published in the ,federal ,register4 #cjbajc4 ,criteria and regulations relating to ,national ,register1 ,national ,historic ,landmarks1 and ,world ,heritage ,list ,the ,secretary1 in consultation with national historical and archeological associations1 shall-- 7#a7 establish criteria for properties to be included on the ,national ,register and criteria for ,national ,historic ,landmarks2 and 7#b7 promulgate regulations for-- 7,a7 nominating properties for inclusion on1 and removal from1 the ,national ,register and the recommendation of properties by certified local governments2 7,b7 designating properties as ,national ,historic ,landmarks and removing that designation2 7,c7 considering appeals from recommendations1 nominations1 removals1 and designations 7or any failure or refusal by a nominating authority to nominate or designate72 7,d7 nominating historic property for inclusion in the ,world ,heritage ,list in accordance with the ,world ,heritage ,convention2 7,e7 making determinations of eligibility of properties for inclusion on the ,national ,register2 and 7,f7 notifying the owner of a property1 any appropriate local governments1 and the general public1 when the property is being considered for inclusion on the ,national ,register1 for designation as a ,national ,historic ,landmark1 or for nomination to the ,world ,heritage ,list4 #cjbajd4 ,nominations for inclusion on ,national ,register 7a7 ,nomination by ,state4--,subject to the requirements of section #cjbajg of this title1 any ,state that is carrying out a program approved under chapter #cjbc shall nominate to the ,secretary property that meets the criteria promulgated under section #cjbajc of this title for inclusion on the ,national ,register4 ,subject to section #cjbajg of this title1 any property nominated under this subsection or under section #cjfajb of this title shall be included on the ,national ,register on the date that is #de days after receipt by the ,secretary of the nomination and the necessary documentation1 unless the ,secretary disapproves the nomination within the #de-;day period or unless an appeal is filed under subsection 7c74 7b7 ,nomination by ,person or ,local ,government4--,subject to the requirements of section #cjbajg of this title1 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 #cjbc of this title4 ,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 #cjbajc of this title4 ,the determination shall be made within #ij days from the date of the nomination unless the nomination is appealed under subsection 7c74 7c7 ,appeal4--,any person or local government may appeal to the ,secretary-- 7#a7 a nomination of any property for inclusion on the ,national ,register2 and 7#b7 the failure of a nominating authority to nominate a property in accordance with this chapter4 #cjbaje4 ,owner participation in nomination process 7a7 ,regulations4--,the ,secretary shall promulgate regulations requiring that before any property may be included on the ,national ,register or designated as a ,national ,historic ,landmark1 the owner of the property1 or a majority of the owners of the individual properties within a district in the case of a historic district1 shall be given the opportunity 7including a reasonable period of time7 to concur in1 or object to1 the nomination of the property for inclusion or designation4 ,the regulations shall include provisions to carry out this section in the case of multiple ownership of a single property4 7b7 ,when ,property ,shall ,not ,be ,included on ,national ,register or ,designated as ,national ,historic ,landmark4--,if the owner of any privately owned property1 or a majority of the owners of privately owned properties within the district in the case of a historic district1 object to inclusion or designation1 the property shall not be included on the ,national ,register or designated as a ,national ,historic ,landmark until the objection is withdrawn4 7c7 ,review by ,secretary4--,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 designation4 ,if the ,secretary determines that the property is eligible for inclusion or designation1 the ,secretary shall inform the ,advisory ,council on ,historic ,preservation1 the appropriate ,state ,historic ,preservation ,officer1 the appropriate chief elected local official1 and the owner or owners of the property of the ,secretary's determination4 #cjbajf4 ,retention of name ,notwithstanding section #dc7;c7 of the ,act of ,july #e1 #aidf 7known as the ,trademark ,act of #aidf7 7#ae ,u4,s4,c4 #aabe7;c771 buildings and structures on or eligible for inclusion on the ,national ,register 7either individually or as part of a historic district71 or designated as an individual landmark or as a contributing building in a historic district by a unit of ,state or local government1 may retain the name historically associated with the building or structure4 #cjbajg4 ,regulations ,the ,secretary shall promulgate regulations-- 7#a7 ensuring that significant prehistoric and historic artifacts1 and associated records1 subject to subchapter ,i of chapter #cjfa1 chapter #cabe1 or the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq47 are deposited in an institution with adequate long-term curatorial capabilities2 7#b7 establishing a uniform process and standards for documenting historic property by public agencies and private parties for purposes of incorporation into1 or complementing1 the national historical architectural and engineering records in the ,library of ,congress2 and 7#c7 certifying local governments1 in accordance with sections #cjbejb and #cjbejc of this title1 and for the transfer of funds pursuant to section #cjbijb7;c77#d7 of this title4 #cjbajh4 ,review of threats to historic property ,at least once every #d years1 the ,secretary1 in consultation with the ,council and with ,state ,historic ,preservation ,officers1 shall review significant threats to historic property to-- 7#a7 determine the kinds of historic property that may be threatened2 7#b7 ascertain the causes of the threats2 and 7#c7 develop and submit to the ,president and ,congress recommendations for appropriate action4 ,chapter #cjbc--,state ,historic ,preservation ,programs ,sec4 #cjbcja4 ,regulations4 #cjbcjb4 ,program evaluation4 #cjbcjc4 ,responsibilities of ,state ,historic ,preservation ,officer4 #cjbcjd4 ,contracts and cooperative agreements4 #cjbcja4 ,regulations ,the ,secretary1 in consultation with the ,national ,conference of ,state ,historic ,preservation ,officers and the ,national ,trust1 shall promulgate regulations for ,state ,historic ,preservation ,programs4 ,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-- 7#a7 the designation and appointment by the chief elected official of the ,state of a ,state ,historic ,preservation ,officer to administer the program in accordance with section #cjbcjc of this title and for the employment or appointment by the officer of such professionally qualified staff as may be necessary for those purposes2 7#b7 an adequate and qualified ,state historic preservation review board designated by the ,state ,historic ,preservation ,officer unless otherwise provided for by ,state law2 and 7#c7 adequate public participation in the ,state ,historic ,preservation ,program1 including the process of recommending properties for nomination to the ,national ,register4 #cjbcjb4 ,program evaluation 7a7 ,when ,evaluation ,should ,occcur4--,periodically1 but not less than every #d years after the approval of any ,state program under section #cjbcja of this title1 the ,secretary1 in consultation with the ,council on the appropriate provisions of this division1 and in cooperation with the ,state ,historic ,preservation ,officer1 shall evaluate the program to determine whether it is consistent with this division4 7b7 ,disapproval of ,program4--,if1 at any time1 the ,secretary determines that a major aspect of a ,state program is not consistent with this division1 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 division1 until the program is consistent with this division1 unless the ,secretary determines that the program will be made consistent with this division within a reasonable period of time4 7c7 ,oversight4--,the ,secretary1 in consultation with ,state ,historic ,preservation ,officers1 shall establish oversight methods to ensure ,state program consistency and quality without imposing undue review burdens on ,state ,historic ,preservation ,officers4 7d7 ,state ,fiscal ,audit and ,management ,system4-- 7#a7 ,substitution for comparable federal systems4--,at the discretion of the ,secretary1 a ,state system of fiscal audit and management may be substituted for comparable ,federal systems so long as the ,state system-- 7,a7 establishes and maintains substantially similar accountability standards2 and 7,b7 provides for independent professional peer review4 7#b7 ,fiscal audits and review by secretary4--,the ,secretary-- 7,a7 may conduct periodic fiscal audits of ,state programs approved under this subdivision as needed2 and 7,b7 shall ensure that the programs meet applicable accountability standards4 #cjbcjc4 ,responsibilities of ,state ,historic ,preservation ,officer 7a7 ,in ,general4--,it shall be the responsibility of the ,state ,historic ,preservation ,officer to administer the ,state ,historic ,preservation ,program4 7b7 ,particular ,responsibilities4--,it shall be the responsibility of the ,state ,historic ,preservation ,officer to-- 7#a7 in cooperation with ,federal and ,state agencies1 local governments1 and private organizations and individuals1 direct and conduct a comprehensive statewide survey of historic property and maintain inventories of the property2 7#b7 identify and nominate eligible property to the ,national ,register and otherwise administer applications for listing historic property on the ,national ,register2 7#c7 prepare and implement a comprehensive statewide historic preservation plan2 7#d7 administer the ,state program of ,federal assistance for historic preservation within the ,state2 7#e7 advise and assist1 as appropriate1 ,federal and ,state agencies and local governments in carrying out their historic preservation responsibilities2 7#f7 cooperate with the ,secretary1 the ,council1 other ,federal and ,state agencies1 local governments1 and private organizations and individuals to ensure that historic property is taken into consideration at all levels of planning and development2 7#g7 provide public information1 education1 and training and technical assistance in historic preservation2 7#h7 cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified pursuant to chapter #cjbe2 7#i7 consult with appropriate ,federal agencies in accordance with this division on-- 7,a7 ,federal undertakings that may affect historic property2 and 7,b7 the content and sufficiency of any plans developed to protect1 manage1 or reduce or mitigate harm to that property2 and 7#aj7 advise and assist in the evaluation of proposals for rehabilitation projects that may qualify for ,federal assistance4 #cjbcjd4 ,contracts and cooperative agreements 7a7 ,state4--,a ,state may carry out all or any part of its responsibilities under this chapter by contract or cooperative agreement with a qualified nonprofit organization or educational institution4 7b7 ,secretary4-- 7#a7 ,in general4-- 7,a7 ,authority to assist secretary4--,subject to paragraphs 7#c7 and 7#d71 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 ,state3 7i7 ,identification and preservation of historic property4 7ii7 ,determination of the eligibility of property for listing on the ,national ,register4 7iii7 ,preparation of nominations for inclusion on the ,national ,register4 7iv7 ,maintenance of historical and archeological data bases4 7v7 ,evaluation of eligibility for ,federal preservation incentives4 7,b7 ,authority to maintain national register4--,nothing in subparagraph 7,a7 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 ,state4 7#b7 ,requirements4--,the ,secretary may enter into a contract or cooperative agreement under paragraph 7#a7 only if-- 7,a7 the ,state ,historic ,preservation ,officer has requested the additional responsibility2 7,b7 the ,secretary has approved the ,state historic preservation program pursuant to sections #cjbcja and #cjbcjb of this title2 7,c7 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 manner2 7,d7 the ,state ,historic ,preservation ,officer agrees to permit the ,secretary to review and revise1 as appropriate in the discretion of the ,secretary1 decisions made by the ,officer pursuant to the contract or cooperative agreement2 and 7,e7 the ,secretary and the ,state ,historic ,preservation ,officer agree on the terms of additional financial assistance to the ,state1 if there is to be any1 for the costs of carrying out that responsibility4 7#c7 ,establish conditions and criteria4--,for each significant program area under the ,secretary's authority1 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 programs4 7#d7 ,preservation programs and activities not diminished4--,nothing in this chapter shall have the effect of diminishing the preservation programs and activities of the ,service4 ,chapter #cjbe--;,certification of ,local ,governments ,sec4 #cjbeja4 ,definitions4 #cjbejb4 ,certification as part of ,state program4 #cjbejc4 ,requirements for certification4 #cjbejd4 ,participation of certified local governments in ,national ,register nominations4 #cjbeje4 ,eligibility and responsibility of certified local government4 #cjbeja4 ,definitions ,in this chapter3 7#a7 ,designation4--,the term 8designation0 means the identification and registration of property for protection that meets criteria established by a ,state or locality for significant historic property within the jurisdiction of a local government4 7#b7 ,protection4--,the term 8protection0 means protection by means of a local review process under ,state or local law for proposed demolition of1 changes to1 or other action that may affect historic property designated pursuant to this chapter4 #cjbejb4 ,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 transfer1 in accordance with section #cjbijb7;c77#d7 of this title1 of a portion of the grants received by the ,states under this division1 to those local governments4 #cjbejc4 ,requirements for certification 7a7 ,approved ,state ,program4--,any local government shall be certified to participate under this section if the applicable ,state ,historic ,preservation ,officer1 and the ,secretary1 certify that the local government-- 7#a7 enforces appropriate ,state or local legislation for the designation and protection of historic property2 7#b7 has established an adequate and qualified historic preservation review commission by ,state or local legislation2 7#c7 maintains a system for the survey and inventory of historic property that furthers the purposes of chapter #cjbc2 7#d7 provides for adequate public participation in the local historic preservation program1 including the process of recommending properties for nomination to the ,national ,register2 and 7#e7 satisfactorily performs the responsibilities delegated to it under this division4 7b7 ,no ,approved ,state ,program4--,where there is no ,state program approved under sections #cjbcja and #cjbcjb of this title1 a local government may be certified by the ,secretary if the ,secretary determines that the local government meets the requirements of subsection 7a74 ,the ,secretary may make grants to the local government certified under this subsection for purposes of this subdivision4 #cjbejd4 ,participation of certified local governments in ,national ,register nominations 7a7 ,notice4--,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 ,register1 the ,state ,historic ,preservation ,officer shall notify the owner1 the applicable chief local elected official1 and the local historic preservation commission4 7b7 ,report4--,the local historic preservation commission1 after reasonable opportunity for public comment1 shall prepare a report as to whether the property1 in the ,commission's opinion1 meets the criteria of the ,national ,register4 ,within #fj days of notice from the ,state ,historic ,preservation ,officer1 the chief local elected official shall transmit the report of the commission and the recommendation of the local official to the ,state ,historic ,preservation ,officer4 7c7 ,recommendation4-- 7#a7 ,property nominated to national register4--,except as provided in paragraph 7#b71 after receipt of the report and recommendation1 or if no report and recommendation are received within #fj days1 the ,state shall make the nomination pursuant to section #cjbajd of this title4 ,the ,state may expedite the process with the concurrence of the certified local government4 7#b7 ,property not nominated to national register4--,if both the commission and the chief local elected official recommend that a property not be nominated to the ,national ,register1 the ,state ,historic ,preservation ,officer shall take no further action1 unless1 within #cj days of the receipt of the recommendation by the ,state ,historic ,preservation ,officer1 an appeal is filed with the ,state4 ,if an appeal is filed1 the ,state shall follow the procedures for making a nomination pursuant to section #cjbajd of this title4 ,any report and recommendations made under this section shall be included with any nomination submitted by the ,state to the ,secretary4 #cjbeje4 ,eligibility and responsibility of certified local government ,any local government-- 7#a7 that is certified under this chapter shall be eligible for funds under section #cjbijb7;c77#d7 of this title2 and 7#b7 that is certified1 or making efforts to become certified1 under this chapter shall carry out any responsibilities delegated to it in accordance with such terms and conditions as the ,secretary considers necessary or advisable4 ,chapter #cjbg--;,historic ,preservation ,programs and ,authorities for ,indian ,tribes and ,native ,hawaiian ,organizations ,sec4 #cjbgja4 ,program to assist ,indian tribes in preserving historic property4 #cjbgjb4 ,indian tribe to assume functions of ,state ,historic ,preservation ,officer4 #cjbgjc4 ,apportionment of grant funds4 #cjbgjd4 ,contracts and cooperative agreements4 #cjbgje4 ,agreement for review under tribal historic preservation regulations4 #cjbgjf4 ,eligibility for inclusion on ,national ,register4 #cjbgja4 ,program to assist ,indian tribes in preserving historic property 7a7 ,establishment of ,program4--,the ,secretary shall establish a program and promulgate regulations to assist ,indian tribes in preserving their historic property4 7b7 ,communication and ,cooperation4--,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-- 7#a7 ensure that all types of historic property and all public interests in historic property are given due consideration2 and 7#b7 encourage coordination among ,indian tribes1 ,state ,historic ,preservation ,officers1 and ,federal agencies in historic preservation planning and in the identification1 evaluation1 protection1 and interpretation of historic property4 7c7 ,tribal ,values4--,the program under subsection 7a7 shall be developed in a manner to ensure that tribal values are taken into account to the extent feasible4 ,the ,secretary may waive or modify requirements of this subdivision to conform to the cultural setting of tribal heritage preservation goals and objectives4 7d7 ,scope of ,tribal ,programs4--,the tribal programs implemented by specific tribal organizations may vary in scope1 as determined by each ,indian tribe's chief governing authority4 7e7 ,consultation4--,the ,secretary shall consult with ,indian tribes1 other ,federal agencies1 ,state ,historic ,preservations ,officers1 and other interested parties concerning the program under subsection 7a74 #cjbgjb4 ,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 #cjbcjb and #cjbcjc of this title1 with respect to tribal land1 as those responsibilities may be modified for tribal programs through regulations issued by the ,secretary1 if-- 7#a7 the ,indian tribe's chief governing authority so requests2 7#b7 the ,indian tribe designates a tribal preservation official to administer the tribal historic preservation program1 through appointment by the ,indian tribe's chief governing authority or as a tribal ordinance may otherwise provide2 7#c7 the tribal preservation official provides the ,secretary with a plan describing how the functions the tribal preservation official proposes to assume will be carried out2 7#d7 the ,secretary determines1 after consulting with the ,indian tribe1 the appropriate ,state ,historic ,preservation ,officer1 the ,council 7if the ,indian tribe proposes to assume the functions of the ,state ,historic ,preservation ,officer with respect to review of undertakings under section #cjfajh of this title71 and other ,indian tribes1 if any1 whose tribal or aboriginal land may be affected by conduct of the tribal preservation program1 that-- 7,a7 the tribal preservation program is fully capable of carrying out the functions specified in the plan provided under paragraph 7#c72 7,b7 the plan defines the remaining responsibilities of the ,secretary and the ,state ,historic ,preservation ,officer2 and 7,c7 the plan provides1 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 tribe1 at the request of the owner of the properties1 that the ,state ,historic ,preservation ,officer1 in addition to the tribal preservation official1 may exercise the historic preservation responsibilities in accordance with sections #cjbcjb and #cjbcjc of this title2 and 7#e7 based on satisfaction of the conditions stated in paragraphs 7#a71 7#b71 7#c71 and 7#d71 the ,secretary approves the plan4 #cjbgjc4 ,apportionment of grant funds ,in consultation with interested ,indian tribes1 other ,native ,american organizations1 and affected ,state ,historic ,preservation ,officers1 the ,secretary shall establish and implement procedures for carrying out section #cjbijb7;c77#a77;,a7 of this title with respect to tribal programs that assume responsibilities under section #cjbgjb of this title4 #cjbgjd4 ,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 #cjbgjb of this title1 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 #cjbcjd7;b7 of this title on tribal land1 if-- 7#a7 the ,secretary and the ,indian tribe agree on additional financial assistance1 if any1 to the ,indian tribe for the costs of carrying out those authorities2 7#b7 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 division2 and 7#c7 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-- 7,a7 the ,indian tribe's traditional cultural authorities2 7,b7 representatives of other ,indian tribes whose traditional land is under the jurisdiction of the ,indian tribe assuming responsibilities2 and 7,c7 the interested public4 #cjbgje4 ,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 #cjfajh of this title1 if the ,council1 after consultation with the ,indian tribe and appropriate ,state ,historic ,preservation ,officers1 determines that the tribal preservation regulations will afford historic property consideration equivalent to that afforded by the ,council's regulations4 #cjbgjf4 ,eligibility for inclusion on ,national ,register 7a7 ,in ,general4--,property 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 ,register4 7b7 ,consultation4--,in carrying out its responsibilities under section #cjfajh of this title1 a ,federal agency shall consult with any ,indian tribe or ,native ,hawaiian organization that attaches religious and cultural significance to property described in subsection 7a74 7c7 ,hawaii4--,in carrying out responsibilities under section #cjbcjc of this title1 the ,state ,historic ,preservation ,officer for ,hawaii shall-- 7#a7 consult with ,native ,hawaiian organizations in assessing the cultural significance of any property in determining whether to nominate the property to the ,national ,register2 7#b7 consult with ,native ,hawaiian organizations in developing the cultural component of a preservation program or plan for the property2 and 7#c7 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 plan4 ,chapter #cjbi--;,grants ,sec4 #cjbija4 ,awarding of grants and availability of grant funds4 #cjbijb4 ,grants to ,states4 #cjbijc4 ,grants to ,national ,trust4 #cjbijd4 ,direct grants for the preservation of properties included on ,national ,register4 #cjbije4 ,religious property4 #cjbijf4 ,grants and loans to ,indian tribes and nonprofit organizations representing ethnic or minority groups4 #cjbijg4 ,grants to ,indian tribes and ,native ,hawaiian organizations4 #cjbijh4 ,grants to the ,federated ,states of ,micronesia1 the ,republic of the ,marshall ,islands1 and the ,republic of ,palau4 #cjbiji4 ,prohibited use of grant amounts4 #cjbiaj4 ,recordkeeping4 #cjbija4 ,awarding of grants and availability of grant funds 7a7 ,in ,general4--,no grant may be made under this division unless application for the grant is submitted to the ,secretary in accordance with regulations and procedures prescribed by the ,secretary4 7b7 ,grant ,not ,treated as ,taxable ,income4--,no grant made pursuant to this division shall be treated as taxable income for purposes of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #a et seq474 7c7 ,availability4--,the ,secretary shall make funding available to individual ,states and the ,national ,trust as soon as practicable after execution of a grant agreement4 ,for purposes of administration1 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 grant4 #cjbijb4 ,grants to ,states 7a7 ,in ,general4--,the ,secretary shall administer a program of matching grants to the ,states for the purposes of carrying out this division4 7b7 ,conditions4-- 7#a7 ,in general4--,no grant may be made under this division-- 7,a7 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 #bjjc of this title2 7,b7 unless the grantee has agreed to make reports1 in such form and containing such information1 as the ,secretary may from time to time require2 7,c7 unless the grantee has agreed to assume1 after completion of the project1 the total cost of the continued maintenance1 repair1 and administration of the property in a manner satisfactory to the ,secretary2 or 7,d7 until the grantee has complied with such further terms and conditions as the ,secretary may consider necessary or advisable4 7#b7 ,waiver4--,the ,secretary may waive the requirements of subparagraphs 7,a7 and 7,c7 of paragraph 7#a7 for any grant under this division to the ,national ,trust4 7#c7 ,amount limitation4-- 7,a7 ,in general4--,no grant may be made under this division for more than #fj 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 #cjbcjc of this title in any one fiscal year4 7,b7 ,source of state share of costs4--,except as permitted by other law1 the ,state share of the costs referred to in subparagraph 7,a7 shall be contributed by non-,federal sources4 7#d7 ,restriction on ,use of ,real ,property ,to ,meet ,non-,federal ,share of ,cost of ,project4--,no ,state shall be permitted to utilize the value of real property obtained before ,october #ae1 #aiff1 in meeting the non-,federal share of the cost of a project for which a grant is made under this division4 7c7 ,apportionment of ,grant ,amounts4-- 7#a7 ,bases for apportionment4--,the amounts appropriated and made available for grants to the ,states-- 7,a7 for the purposes of this division shall be apportioned among the ,states by the ,secretary on the basis of needs as determined by the ,secretary2 and 7,b7 for projects and programs under this division for each fiscal year shall be apportioned among the ,states as the ,secretary determines to be appropriate4 7#b7 ,notification4--,the ,secretary shall notify each ,state of its apportionment under paragraph 7#a77;,b7 within #cj days after the date of enactment of legislation appropriating funds under this division4 7#c7 ,reapportionment4--,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 #b fiscal years after that fiscal year shall be reapportioned by the ,secretary in accordance with paragraph 7#a77;,b74 ,the ,secretary shall analyze and revise as necessary the method of apportionment4 ,the method and any revision shall be published by the ,secretary in the ,federal ,register4 7#d7 ,transfer of funds to certified local governments4--,not less than #aj 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 ,state1 pursuant to the requirements of this division1 to certified local governments for historic preservation projects or programs of the certified local governments4 ,in any year in which the total annual apportionment to the ,states exceeds #fe1jjj1jjj1 #ej percent of the excess shall also be transferred by the ,states to certified local governments4 7#e7 ,guidelines for use and distribution of funds to certified local governments4--,the ,secretary shall establish guidelines for the use and distribution of funds under paragraph 7#d7 to ensure that no certified local government receives a disproportionate share of the funds available1 and may include a maximum or minimum limitation on the amount of funds distributed to any single certified local government4 ,the guidelines shall not limit the ability of any ,state to distribute more than #aj percent of its annual apportionment under paragraph 7#d71 nor shall the ,secretary require any ,state to exceed the #aj percent minimum distribution to certified local governments4 7d7 ,administrative ,costs4--,the total direct and indirect administrative costs charged for carrying out ,state projects and programs shall not exceed #be percent of the aggregate costs 7except in the case of a grant to the ,federated ,states of ,micronesia1 the ,republic of the ,marshall ,islands1 or the ,republic of ,palau74 #cjbijc4 ,grants to ,national ,trust 7a7 ,secretary of the ,interior4--,the ,secretary may administer grants to the ,national ,trust consistent with the purposes of its charter and this division4 7b7 ,secretary of ,housing and ,urban ,development4--,the ,secretary of ,housing and ,urban ,development may make grants to the ,national ,trust1 on terms and conditions and in amounts 7not exceeding #ij1jjj with respect to any one structure7 as the ,secretary of ,housing and ,urban ,development considers appropriate1 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 7after the renovation or restoration7 for historic purposes4 #cjbijd4 ,direct grants for the preservation of properties included on ,national ,register 7a7 ,administration of ,program4--,the ,secretary shall administer a program of direct grants for the preservation of properties included on the ,national ,register4 7b7 ,available ,amount4--,funds to support the program annually shall not exceed #aj percent of the amount appropriated annually for the ,historic ,preservation ,fund4 7c7 ,uses of ,grants4-- 7#a7 ,in general4--,grants under this section may be made by the ,secretary1 in consultation with the appropriate ,state ,historic ,preservation ,officer-- 7,a7 for the preservation of-- 7i7 ,national ,historic ,landmarks that are threatened with demolition or impairment2 and 7ii7 historic property of ,world ,heritage significance2 7,b7 for demonstration projects that will provide information concerning professional methods and techniques having application to historic property2 7,c7 for the training and development of skilled labor in trades and crafts1 and in analysis and curation1 relating to historic preservation2 and 7,d7 to assist individuals or small businesses within any historic district included on the ,national ,register to remain within the district4 7#b7 ,limit on certain grants4--,a grant may be made under subparagraph 7,a7 or 7,d7 of paragraph 7#a7 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 #cjcija of this title4 #cjbije4 ,religious property 7a7 ,in ,general4--,grants may be made under this chapter for the preservation1 stabilization1 restoration1 or rehabilitation of religious property listed on the ,national ,register if the purpose of the grant-- 7#a7 is secular2 7#b7 does not promote religion2 and 7#c7 seeks to protect qualities that are historically significant4 7b7 ,effect of ,section4--,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 ,register4 #cjbijf4 ,grants and loans to ,indian tribes and nonprofit organizations representing ethnic or minority groups ,the ,secretary may1 in consultation with the appropriate ,state ,historic ,preservation ,officer1 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 heritage4 #cjbijg4 ,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 organizations4 ,matching fund requirements may be modified4 ,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 subdivision4 #cjbijh4 ,grants to the ,federated ,states of ,micronesia1 the ,republic of the ,marshall ,islands1 and the ,republic of ,palau 7a7 ,in ,general4--,as part of the program of matching grant assistance from the ,historic ,preservation ,fund to ,states1 the ,secretary shall administer a program of direct grants to the ,federated ,states of ,micronesia1 the ,republic of the ,marshall ,islands1 and the ,republic of ,palau in furtherance of the ,compact of ,free ,association between the ,united ,states and the ,federated ,states of ,micronesia and the ,marshall ,islands1 approved by the ,compact of ,free ,association ,act of #aihe 7#dh ,u4,s4,c4 #aija et seq41 #bjja et seq471 and the ,compact of ,free ,association between the ,united ,states and ,palau1 approved by the ,joint ,resolution entitled 8,joint ,resolution to approve the #8,compact of ,free ,association' between the ,united ,states and ,government of ,palau1 and for other purposes0 7#dh ,u4,s4,c4 #aica et seq47 or any successor enactment4 7b7 ,goal of ,program4--,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 established4 7c7 ,basis of ,allocating ,amounts4--,the amounts to be made available under this subsection shall be allocated by the ,secretary on the basis of needs as determined by the ,secretary4 7d7 ,waivers and ,modifications4--,the ,secretary may waive or modify the requirements of this subdivision to conform to the cultural setting of those nations4 ,matching funds may be waived or modified4 #cjbiji4 ,prohibited use of grant amounts ,no part of any grant made under this subdivision shall be used to compensate any person intervening in any proceeding under this division4 #cjbiaj4 ,recordkeeping ,a recipient of assistance under this division shall keep-- 7#a7 such records as the ,secretary shall prescribe1 including records that fully disclose-- 7,a7 the disposition by the recipient of the proceeds of the assistance2 7,b7 the total cost of the project or undertaking in connection with which the assistance is given or used2 and 7,c7 the amount and nature of that portion of the cost of the project or undertaking supplied by other sources2 and 7#b7 such other records as will facilitate an effective audit4 ,chapter #cjca--;,historic ,preservation ,fund ,sec4 #cjcaja4 ,establishment4 #cjcajb4 ,content4 #cjcajc4 ,use and availability4 #cjcaja4 ,establishment ,to carry out this division 7except chapter #cjda7 and chapter #caba1 there is established in the ,treasury the ,historic ,preservation ,fund4 #cjcajb4 ,contents ,for each of fiscal years #bjab to #bjae1 #aej1jjj1jjj shall be deposited in the ,historic ,preservation ,fund from revenues due and payable to the ,united ,states under section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch71 section #gdcc7;b7 of title #aj1 or both1 notwithstanding any provision of law that those proceeds shall be credited to miscellaneous receipts of the ,treasury4 #cjcajc4 ,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 ,congress4 ,any amount not appropriated shall remain available in the ,historic ,preservation ,fund until appropriated for those purposes4 ,appropriations made pursuant to this section may be made without fiscal year limitation4 ,chapters #cjcc ,through #cjcg--,reserved ,chapter #cjci--,miscellaneous ,sec4 #cjcija4 ,loan insurance program for preservation of property included on ,national ,register4 #cjcijb4 ,training in1 and dissemination of information concerning1 professional methods and techniques for preservation of historic property4 #cjcijc4 ,preservation education and training program4 #cjcija4 ,loan insurance program for preservation of property included on ,national ,register 7a7 ,establishment4--,the ,secretary shall establish and maintain a program by which the ,secretary may1 on application of a private lender1 insure loans 7including loans made in accordance with a mortgage7 made by the lender to finance any project for the preservation of a property included on the ,national ,register4 7b7 ,loan ,qualifications4--,a loan may be insured under this section if-- 7#a7 the loan is made by a private le nder approved by the ,secretary as financially sound and able to service the loan properly2 7#b7 the amount of the loan1 and interest rate charged with respect to the loan1 do not exceed the amount and rate established by the ,secretary by regulation2 7#c7 the ,secretary has consulted the appropriate ,state ,historic ,preservation ,officer concerning the preservation of the historic property2 7#d7 the ,secretary has determined that the loan is adequately secured and there is reasonable assurance of repayment2 7#e7 the repayment period of the loan does not exceed the lesser of #dj years or the expected life of the asset financed2 7#f7 the amount insured with respect to the loan does not exceed #ij percent of the loss sustained by the lender with respect to the loan2 and 7#g7 the loan1 the borrower1 and the historic property to be preserved meet such other terms and conditions as may be prescribed by the ,secretary by regulation1 especially terms and conditions relating to the nature and quality of the preservation work4 7c7 ,consultation4--,the ,secretary shall consult with the ,secretary of the ,treasury regarding the interest rate of loans insured under this section4 7d7 ,limitation on ,amount of ,unpaid ,principal ,balance of ,loans4--,the aggregate unpaid principal balance of loans insured under this section may not exceed the amount that has been deposited in the ,historic ,preservation ,fund but which has not been appropriated for any purpose4 7e7 ,insurance ,contracts4--,any contract of insurance executed by the ,secretary under this section may be assignable1 shall be an obligation supported by the full faith and credit of the ,united ,states1 and shall be incontestable except for fraud or misrepresentation of which the holder had actual knowledge at the time it became a holder4 7f7 ,conditions and ,methods of ,payment as ,result of ,loss4--,the ,secretary shall specify1 by regulation and in each contract entered into under this section1 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 section4 7g7 ,protection of ,financial ,interests of ,federal ,government4--,in entering into any contract to insure a loan under this section1 the ,secretary shall take steps to ensure adequate protection of the financial interests of the ,federal ,government4 ,the ,secretary may-- 7#a7 in connection with any foreclosure proceeding1 obtain1 on behalf of the ,federal ,government1 the historic property securing a loan insured under this section2 and 7#b7 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 7h74 7h7 ,conveyance to ,governmental or ,nongovernmental ,entity of ,property ,acquired by ,foreclosure4-- 7#a7 ,attempt to convey to ensure property's preservation and use4--,in any case in which historic property is obtained pursuant to subsection 7g71 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 use4 ,if1 after a reasonable time1 the ,secretary1 in consultation with the ,council1 determines that there is no feasible and prudent means to convey the property and to ensure its continued preservation and use1 the ,secretary may convey the property at the fair market value of its interest in the property to any entity without restriction4 7#b7 ,disposition of funds4--,any funds obtained by the ,secretary in connection with the conveyance of any historic property pursuant to paragraph 7#a7 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 division4 7i7 ,assessment of ,fees in ,connection ,with ,insuring ,loans4--,the ,secretary may assess appropriate and reasonable fees in connection with insuring loans under this section4 ,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 division4 7j7 ,treatment of ,loans as ,non-,federal ,funds4--,notwithstanding any other provision of law1 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 activity4 7k7 ,ineligibility of ,debt ,obligation for ,purchase or ,commitment ,to ,purchase by1 or ,sale or ,issuance to1 ,federal ,financing ,bank4--,no debt obligation that is made or committed to be made1 or that is insured or committed to be insured1 by the ,secretary under this section shall be eligible for purchase by1 or commitment to purchase by1 or sale or issuance to1 the ,federal ,financing ,bank4 #cjcijb4 ,training in1 and dissemination of information concerning1 professional methods and techniques for preservation of historic property ,the ,secretary shall develop and make available to ,federal agencies1 ,state and local governments1 private organizations and individuals1 and other nations and international organizations pursuant to the ,world ,heritage ,convention1 training in1 and information concerning1 professional methods and techniques for the preservation of historic property and for the administration of the historic preservation program at the ,federal1 ,state1 and local level4 ,the ,secretary shall also develop mechanisms to provide information concerning historic preservation to the general public including students4 #cjcijc4 ,preservation education and training program ,the ,secretary1 in consultation with the ,council and other appropriate ,federal1 tribal1 ,native ,hawaiian1 and non-,federal organizations1 shall develop and implement a comprehensive preservation education and training program4 ,the program shall include-- 7#a7 standards and increased preservation training opportunities for ,federal workers involved in preservation-related functions2 7#b7 preservation training opportunities for other ,federal1 ,state1 tribal and local government workers1 and students2 7#c7 technical or financial assistance1 or both1 to historically black colleges and universities1 to tribal colleges1 and to colleges with a high enrollment of ,native ,americans or ,native ,hawaiians1 to establish preservation training and degree programs2 and 7#d7 where appropriate1 coordination with the ,national ,center for ,preservation ,technology and ,training of-- 7,a7 distribution of information on preservation technologies2 7,b7 provision of training and skill development in trades1 crafts1 and disciplines related to historic preservation in ,federal training and development programs2 and 7,c7 support for research1 analysis1 conservation1 curation1 interpretation1 and display related to preservation4,subdivision #c--;,advisory ,council on ,historic ,preservation ,chapter #cjda--;,advisory ,council on ,historic ,preservation ,sec4 #cjdaja4 ,establishment2 vacancies4 #cjdajb4 ,duties of ,council4 #cjdajc4 ,cooperation between ,council and instrumentalities of executive branch of ,federal ,government4 #cjdajd4 ,compensation of members of ,council4 #cjdaje4 ,administration4 #cjdajf4 ,international ,centre for the ,study of the ,preservation and ,restoration of ,cultural ,property4 #cjdajg4 ,transmittal of legislative recommendations1 testimony1 or comments to any officer or agency of the ,united ,states prior to submission to ,congress4 #cjdajh4 ,regulations1 procedures1 and guidelines4 #cjdaji4 ,budget submission4 #cjdaaj4 ,report by ,secretary to ,council4 #cjdaaa4 ,reimbursements from ,state and local agencies4 #cjdaab4 ,effectiveness of ,federal grant and assistance programs4 #cjdaja4 ,establishment2 vacancies 7a7 ,establishment4--,there is established as an independent agency of the ,united ,states ,government an ,advisory ,council on ,historic ,preservation1 which shall be composed of the following members3 7#a7 ,a ,chairman appointed by the ,president selected from the general public4 7#b7 ,the ,secretary4 7#c7 ,the ,architect of the ,capitol4 7#d7 ,the ,secretary of ,agriculture and the heads of #g other agencies of the ,united ,states 7other than the ,department of the ,interior71 the activities of which affect historic preservation1 designated by the ,president4 7#e7 ,one ,governor appointed by the ,president4 7#f7 ,one mayor appointed by the ,president4 7#g7 ,the ,president of the ,national ,conference of ,state ,historic ,preservation ,officers4 7#h7 ,the ,chairman of the ,national ,trust4 7#i7 ,four experts in the field of historic preservation appointed by the ,president from architecture1 history1 archeology1 and other appropriate disciplines4 7#aj7 ,three members from the general public1 appointed by the ,president4 7#aa7 ,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 member1 appointed by the ,president4 7b7 ,designation of ,substitutes4--,each member of the ,council specified in paragraphs 7#b7 to 7#e71 7#g71 and 7#h7 of subsection 7a7 may designate another officer of the department1 agency1 or organization to serve on the ,council instead of the member1 except that1 in the case of paragraphs 7#b7 and 7#d71 no officer other than an ,assistant ,secretary or an officer having major department-wide or agency-wide responsibilities may be designated4 7c7 ,term of ,office4--,each member of the ,council appointed under paragraphs 7#a7 and 7#i7 to 7#aa7 of subsection 7a7 shall serve for a term of #d years from the expiration of the term of the member's predecessor4 ,the members appointed under paragraphs 7#e7 and 7#f7 shall serve for the term of their elected office but not in excess of #d years4 ,an appointed member may not serve more than #b terms4 ,an appointed member whose term has expired shall serve until that member's successor has been appointed4 7d7 ,vacancies4--,a vacancy in the ,council shall not affect its powers1 but shall be filled1 not later than #fj days after the vacancy commences1 in the same manner as the original appointment 7and for the balance of the unexpired term74 7e7 ,designation of ,vice ,chairman4--,the ,president shall designate a ,vice ,chairman from the members appointed under paragraph 7#e71 7#f71 7#i71 or 7#aj7 of subsection 7a74 ,the ,vice ,chairman may act in place of the ,chairman during the absence or disability of the ,chairman or when the office is vacant4 7f7 ,quorum4--,twelve members of the ,council shall constitute a quorum4 #cjdajb4 ,duties of ,council 7a7 ,duties4--,the ,council shall-- 7#a7 advise the ,president and ,congress on matters relating to historic preservation1 recommend measures to coordinate activities of ,federal1 ,state1 and local agencies and private institutions and individuals relating to historic preservation1 and advise on the dissemination of information pertaining to those activities2 7#b7 encourage1 in cooperation with the ,national ,trust and appropriate private agencies1 public interest and participation in historic preservation2 7#c7 recommend the conduct of studies in such areas as-- 7,a7 the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of ,state and local governments2 and 7,b7 the effects of tax policies at all levels of government on historic preservation2 7#d7 advise as to guidelines for the assistance of ,state and local governments in drafting legislation relating to historic preservation2 7#e7 encourage1 in cooperation with appropriate public and private agencies and institutions1 training and education in the field of historic preservation2 7#f7 review the policies and programs of ,federal agencies and recommend to ,federal agencies methods to improve the effectiveness1 coordination1 and consistency of those policies and programs with the policies and programs carried out under this division2 and 7#g7 inform and educate ,federal agencies1 ,state and local governments1 ,indian tribes1 other nations and international organizations and private groups and individuals as to the ,council's authorized activities4 7b7 ,annual ,report4--,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 advisable4 ,each report shall propose legislative enactments and other actions as1 in the judgment of the ,council1 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 agencies1 ,state and local governments1 and the private sector in carrying out this division4 #cjdajc4 ,cooperation between ,council and instrumentalities of executive branch of ,federal ,government ,the ,council may secure directly from any ,federal agency information1 suggestions1 estimates1 and statistics for the purpose of this chapter4 ,each ,federal agency may furnish information1 suggestions1 estimates1 and statistics to the extent permitted by law and within available funds4 #cjdajd4 ,compensation of members of ,council ,the members of the ,council specified in paragraphs 7#b71 7#c71 and 7#d7 of section #cjdaja7;a7 of this title shall serve without additional compensation4 ,the other members of the ,council shall receive #ajj per diem when engaged in the performance of the duties of the ,council4 ,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 ,council4 #cjdaje4 ,administration 7a7 ,executive ,director4--,there shall be an ,executive ,director of the ,council who shall be appointed by the ,chairman with the concurrence of the ,council in the competitive service at a rate within the ,general ,schedule1 in the competitive service at a rate that may exceed the rate prescribed for the highest rate established for grade #ae of the ,general ,schedule under section #eccb of title #e1 or in the ,senior ,executive ,service under section #ccic of title #e4 ,the ,executive ,director shall report directly to the ,council and perform such functions and duties as the ,council may prescribe4 7b7 ,general ,counsel and ,appointment of ,other ,attorneys4-- 7#a7 ,general counsel4--,the ,council shall have a ,general ,counsel1 who shall be appointed by the ,executive ,director4 ,the ,general ,counsel shall report directly to the ,executive ,director and serve as the ,council's legal advisor4 7#b7 ,appointment of other attorneys4--,the ,executive ,director shall appoint other attorneys as may be necessary to-- 7,a7 assist the ,general ,counsel2 7,b7 represent the ,council in court when appropriate1 including enforcement of agreements with ,federal agencies to which the ,council is a party2 7,c7 assist the ,department of ,justice in handling litigation concerning the ,council in court2 and 7,d7 perform such other legal duties and functions as the ,executive ,director and the ,council may direct4 7c7 ,appointment and ,compensation of ,officers and ,employees4--,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 #ae of the ,general ,schedule under section #eccb of title #e4 ,the ,executive ,director1 with the concurrence of the ,chairman1 may appoint and fix the compensation of not to exceed #e employees in the competitive service at rates that exceed that prescribed for the highest rate established for grade #ae of the ,general ,schedule under section #eccb of title #e or in the ,senior ,executive ,service under section #ccic of title #e4 7d7 ,appointment and ,compensation of ,additional ,personnel4--,the ,executive ,director may appoint and fix the compensation of such additional personnel as may be necessary to carry out the ,council's duties1 without regard to the civil service laws and chapter #ea and subchapter ,,iii of chapter #ec of title #e4 7e7 ,expert and ,consultant ,services4--,the ,executive ,director may procure expert and consultant services in accordance with section #caji of title #e4 7f7 ,financial and ,administrative ,services4-- 7#a7 ,services to be provided by secretary1 agency1 or private entity4--,financial and administrative services 7including those related to budgeting1 accounting1 financial reporting1 personnel and procurement7 shall be provided the ,council by the ,secretary or1 at the discretion of the ,council1 another agency or private entity that reaches an agreement with the ,council1 for which payments shall be made in advance1 or by reimbursement1 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 services4 7#b7 ,federal agency regulations relating to collection apply4--,when a ,federal agency affords those services1 the regulations of that agency under section #eead7;b7 of title #e 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 employee1 and regulations of that agency under sections #aeac7;d7 and #aead of title #ca for the administrative control of funds shall apply to appropriations of the ,council4 ,the ,council shall not be required to prescribe those regulations4 7g7 ,funds1 ,personnel1 ,facilities1 and ,services4-- 7#a7 ,provided by federal agency4--,any ,federal agency may provide the ,council1 with or without reimbursement as may be agreed on by the ,chairman and the agency1 with such funds1 personnel1 facilities1 and services under its jurisdiction and control as may be needed by the ,council to carry out its duties1 to the extent that the funds1 personnel1 facilities1 and services are requested by the ,council and are otherwise available for that purpose4 ,any funds provided to the ,council pursuant to this subsection shall be obligated by the end of the fiscal year following the fiscal year in which the funds are received by the ,council4 7#b7 ,obtaining additional property1 facilities1 and services and receiving donations of money4--,to the extent of available appropriations1 the ,council may obtain by purchase1 rental1 donation1 or otherwise additional property1 facilities1 and services as may be needed to carry out its duties and may receive donations of money for that purpose4 ,the ,executive ,director may accept1 hold1 use1 expend1 and administer the property1 facilities1 services1 and money for the purposes of this division4 7h7 ,rights1 ,benefits1 and ,privileges of ,transferred ,employees4--,any employee in the competitive service of the ,united ,states transferred to the ,council under section #bjg of the ,national ,historic ,preservation ,act 7,public ,law #hi-ffe7 retains all the rights1 benefits1 and privileges pertaining to the competitive service held prior to the transfer4 7i7 ,exemption ,from ,federal ,advisory ,committee ,act4--,the ,council is exempt from the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7j7 ,provisions ,that ,govern ,operations of ,council4--,subchapter ,,ii of chapter #e and chapter #g of title #e shall govern the operations of the ,council4 #cjdajf4 ,international ,centre for the ,study of the ,preservation and ,restoration of ,cultural ,property 7a7 ,authorization of ,participation4--,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 authorized4 7b7 ,official ,delegation4--,the ,council shall recommend to the ,secretary of ,state1 after consultation with the ,smithsonian ,institution and other public and private organizations concerned with the technical problems of preservation1 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 ,states4 ,the ,secretary of ,state shall appoint the members of the official delegation from the persons recommended to the ,secretary of ,state by the ,council4 #cjdajg4 ,transmittal of legislative recommendations1 testimony1 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 recommendations1 or testimony1 or comments on legislation to any officer or agency of the ,united ,states for approval1 comments1 or review1 prior to the submission of the recommendations1 testimony1 or comments to ,congress4 ,when the ,council voluntarily seeks to obtain the comments or review of any officer or agency of the ,united ,states1 the ,council shall include a description of the actions in its legislative recommendations1 testimony1 or comments on legislation that it transmits to ,congress4 #cjdajh4 ,regulations1 procedures1 and guidelines 7a7 ,in ,general4--,the ,council may promulgate regulations as it considers necessary to govern the implementation of section #cjfajh of this title in its entirety4 7b7 ,participation by ,local ,governments4--,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 #cjfajh of this title that affect the local governments4 7c7 ,exemption for ,federal ,programs or ,undertakings4--,the ,council1 with the concurrence of the ,secretary1 shall promulgate regulations or guidelines1 as appropriate1 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 division1 taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic property4 #cjdaji4 ,budget submission 7a7 ,time and ,manner of ,submission4--,the ,council shall submit its budget annually as a related agency of the ,department of the ,interior4 7b7 ,transmittal of ,copies to ,congressional ,committees4--,whenever the ,council submits any budget estimate or request to the ,president or the ,office of ,management and ,budget1 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 ,senate4 #cjdaaj4 ,report by ,secretary to ,council ,to assist the ,council in discharging its responsibilities under this division1 the ,secretary at the request of the ,chairman shall provide a report to the ,council detailing the significance of any historic property1 describing the effects of any proposed undertaking on the affected property1 and recommending measures to avoid1 minimize1 or mitigate adverse effects4 #cjdaaa4 ,reimbursements from ,state and local agencies ,subject to applicable conflict of interest laws1 the ,council may receive reimbursements from ,state and local agencies and others pursuant to agreements executed in furtherance of this division4 #cjdaab4 ,effectiveness of ,federal grant and assistance programs 7a7 ,cooperative ,agreements4--,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 division4 ,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 recipients1 if those provisions are not inconsistent with the grant or assistance program's statutory authorization and purpose4 7b7 ,review of ,grant and ,assistance ,programs4--,the ,council may-- 7#a7 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 division2 7#b7 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 policies2 and 7#c7 make recommendations to the ,president and ,congress regarding the effectiveness of ,federal grant and assistance programs in meeting the purposes and policies of this division1 including recommendations with regard to appropriate funding levels4,subdivision #d--,other ,organizations and ,programs ,chapter #cjea--;,historic ,light ,station ,preservation ,sec4 #cjeaja4 ,definitions4 #cjeajb4 ,duties of ,secretary in providing a national historic light station program4 #cjeajc4 ,selection of eligible entity and conveyance of historic light stations4 #cjeajd4 ,terms of conveyance4 #cjeaje4 ,description of property4 #cjeajf4 ,historic light station sales4 #cjeaja4 ,definitions ,in this chapter3 7#a7 ,administrator4--,the term 8,administrator0 means the ,administrator of ,general ,services4 7#b7 ,eligible entity4--,the term 8eligible entity0 means-- 7,a7 any department or agency of the ,federal ,government2 or 7,b7 any department or agency of the ,state in which a historic light station is located1 the local government of the community in which a historic light station is located1 a nonprofit corporation1 an educational agency1 or a community development organization that-- 7i7 has agreed to comply with the conditions set forth in section #cjeajd of this title and to have the conditions recorded with the deed of title to the historic light station2 and 7ii7 is financially able to maintain the historic light station in accordance with the conditions set forth in section #cjeajd of this title4 7#c7 ,federal aid to navigation4-- 7,a7 ,in general4--,the term 8,federal aid to navigation0 means any device1 operated and maintained by the ,united ,states1 external to a vessel or aircraft1 intended to assist a navigator to determine position or safe course1 or to warn of dangers or obstructions to navigation4 7,b7 ,inclusions4--,the term 8,federal aid to navigation0 includes a light1 lens1 lantern1 antenna1 sound signal1 camera1 sensor1 piece of electronic navigation equipment1 power source1 or other piece of equipment associated with a device described in subparagraph 7,a74 7#d7 ,historic light station4--,the term 8historic light station0 includes the light tower1 lighthouse1 keeper's dwelling1 garages1 storage sheds1 oil house1 fog signal building1 boat house1 barn1 pumphouse1 tramhouse support structures1 piers1 walkways1 underlying and appurtenant land and related real property and improvements associated with a historic light station that is a historic property4 #cjeajb4 ,duties of ,secretary in providing a national historic light station program ,to provide a national historic light station program1 the ,secretary shall-- 7#a7 collect and disseminate information concerning historic light stations2 7#b7 foster educational programs relating to the history1 practice1 and contribution to society of historic light stations2 7#c7 sponsor or conduct research and study into the history of light stations2 7#d7 maintain a listing of historic light stations2 and 7#e7 assess the effectiveness of the program established by this chapter regarding the conveyance of historic light stations4 #cjeajc4 ,selection of eligible entity and conveyance of historic light stations 7a7 ,process and ,policies4--,the ,secretary and the ,administrator shall maintain a process and policies for identifying1 and selecting1 an eligible entity to which a historic light station could be conveyed for education1 park1 recreation1 cultural1 or historic preservation purposes1 and to monitor the use of the light station by the eligible entity4 7b7 ,application ,review4-- 7#a7 ,in general4--,the ,secretary shall-- 7,a7 review all applications for the conveyance of a historic light station1 when the agency with administrative jurisdiction over the historic light station has determined the property to be excess property 7as that term is defined in section #ajb of title #dj72 and 7,b7 forward to the ,administrator a single approved application for the conveyance of the historic light station4 7#b7 ,consultation4--,when selecting an eligible entity1 the ,secretary shall consult with the ,state ,historic ,preservation ,officer of the ,state in which the historic light station is located4 7c7 ,conveyance or ,sale of ,historic ,light ,stations4-- 7#a7 ,conveyance by administrator4--,except as provided in paragraph 7#b71 after the ,secretary's selection of an eligible entity1 the ,administrator shall convey1 by quitclaim deed1 without consideration1 all right1 title1 and interest of the ,united ,states in and to a historic light station1 subject to the conditions set forth in section #cjeajd of this title4 ,the conveyance of a historic light station under this chapter shall not be subject to the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacja et seq47 or section #daf7;d7 of the ,coast ,guard ,authorization ,act of #aiih 7,public ,law #aje-chc1 #ad ,u4,s4,c4 #ic note74 7#b7 ,historic light station located within a system unit or a refuge within national wildlife refuge system4-- 7,a7 ,approval of secretary required4--,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 ,secretary4 7,b7 ,conditions of conveyance4--,if the ,secretary approves the conveyance of a historic light station described in subparagraph 7,a71 the conveyance shall be subject to the conditions set forth in section #cjeajd of this title and any other terms or conditions that the ,secretary considers necessary to protect the resources of the ,system unit or wildlife refuge4 7,c7 ,conditions of sale4--,if the ,secretary approves the sale of a historic light station described in subparagraph 7,a71 the sale shall be subject to the conditions set forth in paragraphs 7#a7 to 7#d7 and 7#h7 of subsection 7a71 and subsection 7b71 of section #cjeajd of this title and any other terms or conditions that the ,secretary considers necessary to protect the resources of the ,system unit or wildlife refuge4 7,d7 ,cooperative agreements4--,the ,secretary is encouraged to enter into cooperative agreements with appropriate eligible entities with respect to historic light stations described in subparagraph 7,a71 as provided in this division1 to the extent that the cooperative agreements are consistent with the ,secretary's responsibilities to manage and administer the ,system unit or wildlife refuge4 #cjeajd4 ,terms of conveyance 7a7 ,in ,general4--,the conveyance of a historic light station shall be made subject to any conditions1 including the reservation of easements and other rights on behalf of the ,united ,states1 that the ,administrator considers necessary to ensure that-- 7#a7 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 purposes2 7#b7 there is reserved to the ,united ,states the right to remove1 replace1 or install any ,federal aid to navigation located at the historic light station as may be necessary for navigational purposes2 7#c7 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 navigation2 7#d7 7,a7 the eligible entity to which the historic light station is conveyed shall1 at its own cost and expense1 use and maintain the historic light station in accordance with this division1 the ,secretary of the ,interior's ,standards for the ,treatment of ,historic ,properties contained in part #fh of title #cf1 ,code of ,federal ,regulations1 and other applicable laws2 and 7,b7 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 located1 for consistency with section #hjj4e7;a77#b77vii7 of title #cf1 ,code of ,federal ,regulations and the ,secretary's ,standards for ,rehabilitation contained in section #fg4g of title #cf1 ,code of ,federal ,regulations2 7#e7 the eligible entity to which the historic light station is conveyed shall make the historic light station available for education1 park1 recreation1 cultural1 or historic preservation purposes for the general public at reasonable times and under reasonable conditions2 7#f7 the eligible entity to which the historic light station is conveyed shall not sell1 convey1 assign1 exchange1 or encumber the historic light station1 any part of the historic light station1 or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance1 including any lens or lantern1 unless the sale1 conveyance1 assignment1 exchange1 or encumbrance is approved by the ,secretary2 7#g7 the eligible entity to which the historic light station is conveyed shall not conduct any commercial activity at the historic light station1 at any part of the historic light station1 or in connection with any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance1 in any manner1 unless the commercial activity is approved by the ,secretary2 and 7#h7 the ,united ,states shall have the right1 at any time1 to enter the historic light station without notice1 for purposes of operating1 maintaining1 and inspecting any aid to navigation and for the purpose of ensuring compliance with this section1 to the extent that it is not possible to provide advance notice4 7b7 ,maintenance of ,aid to ,navigation4--,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 station1 except any private aid to navigation permitted to the eligible entity under section #hc of title #ad4 7c7 ,reversion4--,in addition to any term or condition established pursuant to this section1 the conveyance of a historic light station shall include a condition that the historic light station1 or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance1 including any lens or lantern1 at the option of the ,administrator1 shall revert to the ,united ,states and be placed under the administrative control of the ,administrator1 if-- 7#a7 the historic light station1 any part of the historic light station1 or any associated historic artifact ceases to be available for education1 park1 recreation1 cultural1 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 application2 7#b7 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 navigation2 7#c7 the historic light station1 any part of the historic light station1 or any associated historic artifact ceases to be maintained in compliance with this division1 the ,secretary of the ,interior's ,standards for the ,treatment of ,historic ,properties contained in part #fh of title #cf1 ,code of ,federal ,regulations1 and other applicable laws2 7#d7 the eligible entity to which the historic light station is conveyed sells1 conveys1 assigns1 exchanges1 or encumbers the historic light station1 any part of the historic light fixture1 or any associated historic artifact1 without approval of the ,secretary2 7#e7 the eligible entity to which the historic light station is conveyed conducts any commercial activity at the historic light station1 at any part of the historic light station1 or in conjunction with any associated historic artifact1 without approval of the ,secretary2 or 7#f7 at least #cj days before the reversion1 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 purposes4 7d7 ,light ,stations ,originally ,conveyed ,under ,other ,authority4--,on receiving notice of an executed or intended conveyance by an owner that received from the ,federal ,government under authority other than this division a historic light station in which the ,united ,states retains a reversionary or other interest and that is conveying it to another person by sale1 gift1 or any other manner1 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 conveyance4 ,the ,secretary may require the parties to the conveyance and relevant ,federal agencies to provide information as is necessary to complete the review4 ,if the ,secretary determines that the new owner has not complied or is unable to comply with those conditions1 the ,secretary shall immediately advise the ,administrator1 who shall invoke any reversionary interest or take other action as may be necessary to protect the interests of the ,united ,states4 #cjeaje4 ,description of property 7a7 ,in ,general4--,the ,administrator shall prepare the legal description of any historic light station conveyed under this chapter4 ,the ,administrator1 in consultation with the ,secretary of ,homeland ,security and the ,secretary1 may retain all right1 title1 and interest of the ,united ,states in and to any historical artifact1 including any lens or lantern1 that is associated with the historic light station and located at the historic light station at the time of conveyance4 ,wherever possible1 the historical artifacts should be used in interpreting the historic light station4 ,in cases where there is no method for preserving lenses and other artifacts and equipment in situ1 priority should be given to preservation or museum entities most closely associated with the historic light station1 if they meet loan requirements4 7b7 ,artifacts4--,artifacts associated with1 but not located at1 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 ,security4 7c7 ,covenants4--,all conditions placed with the quitclaim deed of title to the historic light station shall be construed as covenants running with the land4 7d7 ,submerged ,land4--,no submerged land shall be conveyed under this chapter4 #cjeajf4 ,historic light station sales 7a7 ,in ,general4-- 7#a7 ,when sale may occur4--,if no applicant is approved for the conveyance of a historic light station pursuant to sections #cjeaja through #cjeaje of this title1 the historic light station shall be offered for sale4 7#b7 ,terms of sale4--,terms of the sales-- 7,a7 shall be developed by the ,administrator2 and 7,b7 shall be consistent with the requirements of paragraphs 7#a7 to 7#d7 and 7#h7 of subsection 7a71 and subsection 7b71 of section #cjeajd of this title4 7#c7 ,covenants to be included in conveyance documents4--,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 purpose4 7b7 ,net ,sale ,proceeds4-- 7#a7 ,disposition and use of funds4--,net sale proceeds from the disposal of a historic light station-- 7,a7 located on public domain land shall be transferred to the ,national ,maritime ,heritage ,grants ,program established under chapter #cjhg in the ,department of the ,interior2 and 7,b7 under the administrative control of the ,secretary of ,homeland ,security-- 7i7 shall be credited to the ,coast ,guard's ,operating ,expenses appropriation account2 and 7ii7 shall be available for obligation and expenditure for the maintenance of light stations remaining under the administrative control of the ,secretary of ,homeland ,security4 7#b7 ,availability of funds4--,the funds referred to in paragraph 7#a77;,b7 shall remain available until expended and shall be available in addition to funds available in the ,coast ,guard's ,operating ,expense appropriation for that purpose4 ,chapter #cjec--,national ,center for ,preservation ,technology and ,training ,sec4 #cjecja4 ,definitions4 #cjecjb4 ,national ,center for ,preservation ,technology and ,training4 #cjecjc4 ,preservation ,technology and ,training ,board4 #cjecjd4 ,preservation grants4 #cjecje4 ,general provisions4 #cjecjf4 ,service preservation centers and offices4 #cjecja4 ,definitions ,in this chapter3 7#a7 ,board4--,the term 8,board0 means the ,preservation ,technology and ,training ,board established pursuant to section #cjecjc of this title4 7#b7 ,center4--,the term 8,center0 means the ,national ,center for ,preservation ,technology and ,training established pursuant to section #cjecjb of this title4 #cjecjb4 ,national ,center for ,preservation ,technology and ,training 7a7 ,establishment4--,there is established within the ,department of the ,interior a ,national ,center for ,preservation ,technology and ,training4 ,the ,center shall be located at ,northwestern ,state ,university of ,louisiana in ,natchitoches1 ,louisiana4 7b7 ,purposes4--,the purposes of the ,center shall be to-- 7#a7 develop and distribute preservation and conservation skills and technologies for the identification1 evaluation1 conservation1 and interpretation of historic property2 7#b7 develop and facilitate training for ,federal1 ,state1 and local resource preservation professionals1 cultural resource managers1 maintenance personnel1 and others working in the preservation field2 7#c7 take steps to apply preservation technology benefits from ongoing research by other agencies and institutions2 7#d7 facilitate the transfer of preservation technology among ,federal agencies1 ,state and local governments1 universities1 international organizations1 and the private sector2 and 7#e7 cooperate with related international organizations including the ,international ,council on ,monuments and ,sites1 the ,international ,center for the ,study of ,preservation and ,restoration of ,cultural ,property1 and the ,international ,council on ,museums4 7c7 ,programs4--,the purposes shall be carried out through research1 professional training1 technical assistance1 and programs for public awareness1 and through a program of grants established under section #cjecjd of this title4 7d7 ,executive ,director4--,the ,center shall be headed by an ,executive ,director with demonstrated expertise in historic preservation appointed by the ,secretary with advice of the ,board4 7e7 ,assistance ,from ,secretary4--,the ,secretary shall provide the ,center assistance in obtaining such personnel1 equipment1 and facilities as may be needed by the ,center to carry out its activities4 #cjecjc4 ,preservation ,technology and ,training ,board 7a7 ,establishment4--,there is established a ,preservation ,technology and ,training ,board4 7b7 ,duties4--,the ,board shall-- 7#a7 provide leadership1 policy advice1 and professional oversight to the ,center2 7#b7 advise the ,secretary on priorities and the allocation of grants among the activities of the ,center2 and 7#c7 submit an annual report to the ,president and ,congress4 7c7 ,membership4--,the ,board shall be comprised of-- 7#a7 the ,secretary2 7#b7 #f members appointed by the ,secretary1 who shall represent appropriate ,federal1 ,state1 and local agencies1 ,state and local historic preservation commissions1 and other public and international organizations2 and 7#c7 #f members appointed by the ,secretary on the basis of outstanding professional qualifications1 who represent major organizations in the fields of archeology1 architecture1 conservation1 curation1 engineering1 history1 historic preservation1 landscape architecture1 planning1 or preservation education4 #cjecjd4 ,preservation grants 7a7 ,in ,general4--,the ,secretary1 in consultation with the ,board1 shall provide preservation technology and training grants to eligible applicants with a demonstrated institutional capability and commitment to the purposes of the ,center1 in order to ensure an effective and efficient system of research1 information distribution1 and skills training in all the related historic preservation fields4 7b7 ,grant ,requirements4-- 7#a7 ,allocation4--,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 distributed4 7#b7 ,limit on amount a recipient may receive4--,no grant recipient may receive more than #aj percent of the grants allocated under this section within any year4 7#c7 ,limit on administrative costs4--,the total administrative costs1 direct and indirect1 charged for carrying out grants under this section may not exceed #be percent of the aggregate costs4 7c7 ,eligible ,applicants4--,eligible applicants may include-- 7#a7 ,federal and non-,federal laboratories2 7#b7 accredited museums2 7#c7 universities2 7#d7 nonprofit organizations2 7#e7 ,system units and offices and ,cooperative ,park ,study ,units of the ,system2 7#f7 ,state ,historic ,preservation ,offices2 7#g7 tribal preservation offices2 and 7#h7 ,native ,hawaiian organizations4 7d7 ,standards and ,methods4--,grants shall be awarded in accordance with accepted professional standards and methods1 including peer review of projects4 #cjecje4 ,general provisions 7a7 ,acceptance of ,grants and ,transfers4--,the ,center may accept-- 7#a7 grants and donations from private individuals1 groups1 organizations1 corporations1 foundations1 and other entities2 and 7#b7 transfers of funds from other ,federal agencies4 7b7 ,contracts and ,cooperative ,agreements4--,subject to appropriations1 the ,center may enter into contracts and cooperative agreements with ,federal1 ,state1 local1 and tribal governments1 ,native ,hawaiian organizations1 educational institutions1 and other public entities to carry out the ,center's responsibilities under this chapter4 7c7 ,additional ,funds4--,funds appropriated for the ,center shall be in addition to funds appropriated for ,service programs1 centers1 and offices in existence on ,october #cj1 #aiib4 #cjecjf4 ,service preservation centers and offices ,to improve the use of existing ,service resources1 the ,secretary shall fully utilize and further develop the ,service preservation 7including conservation7 centers and regional offices4 ,the ,secretary shall improve the coordination of the centers and offices within the ,service1 and shall1 where appropriate1 coordinate their activities with the ,center and with other appropriate parties4 ,chapter #cjee--,national ,building ,museum ,sec4 #cjeeja4 ,definitions4 #cjeejb4 ,cooperative agreement to operate museum4 #cjeejc4 ,activities and functions4 #cjeejd4 ,matching grants to ,committee4 #cjeeje4 ,annual report4 #cjeeja4 ,definitions ,in this chapter3 7#a7 ,building arts4--,the term 8building arts0 includes all practical and scholarly aspects of prehistoric1 historic1 and contemporary architecture1 archeology1 construction1 building technology and skills1 landscape architecture1 preservation and conservation1 building and construction1 engineering1 urban and community design and renewal1 city and regional planning1 and related professions1 skills1 trades1 and crafts4 7#b7 ,committee4--,the term 8,committee0 means the ,committee for a ,national ,museum of the ,building ,arts1 ,incorporated1 a nonprofit corporation organized and existing under the laws of the ,district of ,columbia1 or its successor4 #cjeejb4 ,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 ,states1 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 ,street1 ,fifth ,street1 ,f ,street1 and ,g ,street1 ,northwest in ,washington1 ,district of ,columbia4 ,the cooperative agreement shall include provisions that-- 7#a7 make the site available to the ,committee without charge2 7#b7 provide1 subject to available appropriations1 such maintenance1 security1 information1 janitorial1 and other services as may be necessary to ensure the preservation and operation of the site2 and 7#c7 prescribe reasonable terms and conditions by which the ,committee can fulfill its responsibilities under this division4 #cjeejc4 ,activities and functions ,the ,national ,building ,museum shall-- 7#a7 collect and disseminate information concerning the building arts1 including the establishment of a national reference center for current and historic documents1 publications1 and research relating to the building arts2 7#b7 foster educational programs relating to the history1 practice1 and contribution to society of the building arts1 including promotion of imaginative educational approaches to enhance understanding and appreciation of all facets of the building arts2 7#c7 publicly display temporary and permanent exhibits illustrating1 interpreting and demonstrating the building arts2 7#d7 sponsor or conduct research and study into the history of the building arts and their role in shaping our civilization2 and 7#e7 encourage contributions to the building arts4 #cjeejd4 ,matching grants to ,committee ,the ,secretary shall provide matching grants to the ,committee for its programs related to historic preservation4 ,the ,committee shall match the grants in such a manner and with such funds and services as shall be satisfactory to the ,secretary1 except that not more than #ejj1jjj may be provided to the ,committee in any one fiscal year4 #cjeeje4 ,annual report ,the ,committee shall submit an annual report to the ,secretary and the ,administrator of ,general ,services concerning its activities under this chapter and shall provide the ,secretary and the ,administrator of ,general ,services with such other information as the ,secretary may consider necessary or advisable4,subdivision #e--;,federal ,agency ,historic ,preservation ,responsibilities ,chapter #cjfa--,program ,responsibilities and ,authorities ,subchapter ,i-- ,in ,general ,sec4 #cjfaja4 ,assumption of responsibility for preservation of historic property4 #cjfajb4 ,preservation program4 #cjfajc4 ,recordation of historic property prior to alteration or demolition4 #cjfajd4 ,agency ,preservation ,officer4 #cjfaje4 ,agency programs and projects4 #cjfajf4 ,review of plans of transferees of surplus federally owned historic property4 #cjfajg4 ,planning and actions to minimize harm to ,national ,historic ,landmarks4 #cjfajh4 ,effect of undertaking on historic property4 #cjfaji4 ,costs of preservation as eligible project costs4 #cjfaaj4 ,annual preservation awards program4 #cjfaaa4 ,environmental impact statement4 #cjfaab4 ,waiver of provisions in event of natural disaster or imminent threat to national security4 #cjfaac4 ,anticipatory demolition4 #cjfaad4 ,documentation of decisions respecting undertakings4 ,subchapter ,,ii-- ,lease1 ,exchange1 or ,management of ,historic ,property #cjfaba4 ,lease or exchange4 #cjfabb4 ,contracts for management of historic property4 ,subchapter ,,iii-- ,protection and ,preservation of ,resources #cjfaca4 ,standards and guidelines4 ,subchapter ,i--,in ,general #cjfaja4 ,assumption of responsibility for preservation of historic property 7a7 ,in ,general4-- 7#a7 ,agency head responsibility4--,the head of each ,federal agency shall assume responsibility for the preservation of historic property that is owned or controlled by the agency4 7#b7 ,use of available historic property4--,prior to acquiring1 constructing1 or leasing a building for purposes of carrying out agency responsibilities1 a ,federal agency shall use1 to the maximum extent feasible1 historic property available to the agency1 in accordance with ,executive ,order ,no4 #acjjf 7#dj ,u4,s4,c4 #ccjf note74 7#c7 ,necessary preservation4--,each ,federal agency shall undertake1 consistent with the preservation of historic property1 the mission of the agency1 and the professional standards established pursuant to subsection 7c71 any preservation as may be necessary to carry out this chapter4 7b7 ,guidelines for ,federal ,agency ,responsibility for ,agency-,owned ,historic ,property4--,in consultation with the ,council1 the ,secretary shall promulgate guidelines for ,federal agency responsibilities under this subchapter 7except section #cjfajh74 7c7 ,professional ,standards for ,preservation of ,federally ,owned or ,controlled ,historic ,property4--,the ,secretary shall establish1 in consultation with the ,secretary of ,agriculture1 the ,secretary of ,defense1 the ,smithsonian ,institution1 and the ,administrator of ,general ,services1 professional standards for the preservation of historic property in ,federal ownership or control4 #cjfajb4 ,preservation program 7a7 ,establishment4--,each ,federal agency shall establish 7except for programs or undertakings exempted pursuant to section #cjdajh7;c7 of this title71 in consultation with the ,secretary1 a preservation program for the identification1 evaluation1 and nomination to the ,national ,register1 and protection1 of historic property4 7b7 ,requirements4--,the program shall ensure that-- 7#a7 historic property under the jurisdiction or control of the agency is identified1 evaluated1 and nominated to the ,national ,register2 7#b7 historic property under the jurisdiction or control of the agency is managed and maintained in a way that considers the preservation of their historic1 archeological1 architectural1 and cultural values in compliance with section #cjfajh of this title and gives special consideration to the preservation of those values in the case of property designated as having national significance2 7#c7 the preservation of property not under the jurisdiction or control of the agency but potentially affected by agency actions is given full consideration in planning2 7#d7 the agency's preservation-related activities are carried out in consultation with other ,federal1 ,state1 and local agencies1 ,indian tribes1 ,native ,hawaiian organizations carrying out historic preservation planning activities1 and the private sector2 and 7#e7 the agency's procedures for compliance with section #cjfajh of this title-- 7,a7 are consistent with regulations promulgated by the ,council pursuant to section #cjdajh7;a7 and 7b7 of this title2 7,b7 provide a process for the identification and evaluation of historic property for listing on the ,national ,register and the development and implementation of agreements1 in consultation with ,state ,historic ,preservation ,officers1 local governments1 ,indian tribes1 ,native ,hawaiian organizations1 and the interested public1 as appropriate1 regarding the means by which adverse effects on historic property will be considered2 and 7,c7 provide for the disposition of ,native ,american cultural items from ,federal or tribal land in a manner consistent with section #c7;c7 of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjjb7;c774 #cjfajc4 ,recordation of historic property prior to alteration or demolition ,each ,federal agency shall initiate measures to ensure that where1 as a result of ,federal action or assistance carried out by the agency1 a historic property is to be substantially altered or demolished-- 7#a7 timely steps are taken to make or have made appropriate records2 and 7#b7 the records are deposited1 in accordance with section #cjbajg of this title1 in the ,library of ,congress or with such other appropriate agency as the ,secretary may designate1 for future use and reference4 #cjfajd4 ,agency ,preservation ,officer ,the head of each ,federal agency 7except an agency that is exempted under section #cjdajh7;c7 of this title7 shall designate a qualified official as the agency's ,preservation ,officer who shall be responsible for coordinating the agency's activities under this division4 ,each ,preservation ,officer may1 to be considered qualified1 satisfactorily complete an appropriate training program established by the ,secretary under section #cjfaja7;c7 of this title4 #cjfaje4 ,agency programs and projects ,consistent with the agency's missions and mandates1 each ,federal agency shall carry out agency programs and projects 7including those under which any ,federal assistance is provided or any ,federal license1 permit1 or other approval is required7 in accordance with the purposes of this division and give consideration to programs and projects that will further the purposes of this division4 #cjfajf4 ,review of plans of transferees of surplus federally owned historic property ,the ,secretary shall review and approve the plans of transferees of surplus federally owned historic property not later than #ij days after receipt of the plans to ensure that the prehistorical1 historical1 architectural1 or culturally significant values will be preserved or enhanced4 #cjfajg4 ,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 ,landmark1 the head of the responsible ,federal agency shall to the maximum extent possible undertake such planning and actions as may be necessary to minimize harm to the landmark4 ,the head of the ,federal agency shall afford the ,council a reasonable opportunity to comment with regard to the undertaking4 #cjfajh4 ,effect of undertaking on historic property ,the head of any ,federal agency having direct or indirect jurisdiction over a proposed ,federal or federally assisted undertaking in any ,state and the head of any ,federal department or independent agency having authority to license any undertaking1 prior to the approval of the expenditure of any ,federal funds on the undertaking or prior to the issuance of any license1 shall take into account the effect of the undertaking on any historic property4 ,the head of the ,federal agency shall afford the ,council a reasonable opportunity to comment with regard to the undertaking4 #cjfaji4 ,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 agency4 ,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 division1 and reasonable costs may be charged to ,federal licensees and permittees as a condition to the issuance of the license or permit4 #cjfaaj4 ,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 #a1jjj and provide citations for special achievement to officers and employees of ,federal1 ,state1 and certified local governments in recognition of their outstanding contributions to the preservation of historic property4 ,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 ,secretary4 #cjfaaa4 ,environmental impact statement ,nothing in this division shall be construed to-- 7#a7 require the preparation of an environmental impact statement where the statement would not otherwise be required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7#b7 provide any exemption from any requirement respecting the preparation of an environmental impact statement under that ,act4 #cjfaab4 ,waiver of provisions in event of natural disaster or imminent threat to national security ,the ,secretary shall promulgate regulations under which the requirements of this subchapter 7except section #cjfajh7 may be waived in whole or in part in the event of a major natural disaster or an imminent threat to national security4 #cjfaac4 ,anticipatory demolition ,each ,federal agency shall ensure that the agency will not grant a loan1 loan guarantee1 permit1 license1 or other assistance to an applicant that1 with intent to avoid the requirements of section #cjfajh of this title1 has intentionally significantly adversely affected a historic property to which the grant would relate1 or having legal power to prevent it1 has allowed the significant adverse effect to occur1 unless the agency1 after consultation with the ,council1 determines that circumstances justify granting the assistance despite the adverse effect created or permitted by the applicant4 #cjfaad4 ,documentation of decisions respecting undertakings ,with respect to any undertaking subject to section #cjfajh of this title that adversely affects any historic property for which a ,federal agency has not entered into an agreement pursuant to regulations issued by the ,council1 the head of the agency shall document any decision made pursuant to section #cjfajh of this title4 ,the head of the agency may not delegate the responsibility to document a decision pursuant to this section4 ,where an agreement pursuant to regulations issued by the ,council has been executed with respect to an undertaking1 the agreement shall govern the undertaking and all of its parts4 ,subchapter ,,ii--,lease1 ,exchange1 or ,management of ,historic ,property #cjfaba4 ,lease or exchange 7a7 ,authority ,to ,lease or ,exchange4--,notwithstanding any other provision of law1 each ,federal agency1 after consultation with the ,council-- 7#a7 shall1 to the extent practicable1 establish and implement alternatives 7including adaptive use7 for historic property that is not needed for current or projected agency purposes2 and 7#b7 may lease historic property owned by the agency to any person or organization1 or exchange any property owned by the agency with comparable historic property1 if the agency head determines that the lease or exchange will adequately ensure the preservation of the historic property4 7b7 ,proceeds of ,lease4--,notwithstanding any other provision of law1 the proceeds of a lease under subsection 7a7 may be retained by the agency entering into the lease and used to defray the costs of administration1 maintenance1 repair1 and related expenses incurred by the agency with respect to that property or other property that is on the ,national ,register that is owned by1 or are under the jurisdiction or control of1 the agency4 ,any surplus proceeds from the leases shall be deposited in the ,treasury at the end of the #b;d fiscal year following the fiscal year in which the proceeds are received4 #cjfabb4 ,contracts for management of historic property ,the head of any ,federal agency having responsibility for the management of any historic property may1 after consultation with the ,council1 enter into a contract for the management of the property4 ,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 property4 ,subchapter ,,iii--,protection and ,preservation of ,resources #cjfaca4 ,standards and guidelines 7a7 ,standards4-- 7#a7 ,in general4--,each ,federal agency that is responsible for the protection of historic property 7including archeological property7 pursuant to this division or any other law shall ensure that-- 7,a7 all actions taken by employees or contractors of the agency meet professional standards under regulations developed by the ,secretary in consultation with the ,council1 other affected agencies1 and the appropriate professional societies of archeology1 architecture1 conservation1 history1 landscape architecture1 and planning2 7,b7 agency personnel or contractors responsible for historic property meet qualification standards established by the ,office of ,personnel ,management in consultation with the ,secretary and appropriate professional societies of archeology1 architecture1 conservation1 curation1 history1 landscape architecture1 and planning2 and 7,c7 records and other data1 including data produced by historical research and archeological surveys and excavations1 are permanently maintained in appropriate databases and made available to potential users pursuant to such regulations as the ,secretary shall promulgate4 7#b7 ,considerations4--,the standards referred to in paragraph 7#a77;,b7 shall consider the particular skills and expertise needed for the preservation of historic property and shall be equivalent requirements for the disciplines involved4 7#c7 ,revision4--,the ,office of ,management and ,budget shall revise qualification standards for the disciplines involved4 7b7 ,guidelines4--,to promote the preservation of historic property eligible for listing on the ,national ,register1 the ,secretary shall1 in consultation with the ,council1 promulgate guidelines to ensure that ,federal1 ,state1 and tribal historic preservation programs subject to this division include plans to-- 7#a7 provide information to the owners of historic property 7including architectural1 curatorial1 and archeological property7 with demonstrated or likely research significance1 about the need for protection of the historic property1 and the available means of protection2 7#b7 encourage owners to preserve historic property intact and in place and offer the owners of historic property information on the tax and grant assistance available for the donation of the historic property or of a preservation easement of the historic property2 7#c7 encourage the protection of ,native ,american cultural items 7within the meaning of section #b of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja77 and of property of religious or cultural importance to ,indian tribes1 ,native ,hawaiian organizations1 or other ,native ,american groups2 and 7#d7 encourage owners that are undertaking archeological excavations to-- 7,a7 conduct excavations and analyses that meet standards for federally-sponsored excavations established by the ,secretary2 7,b7 donate or lend artifacts of research significance to an appropriate research institution2 7,c7 allow access to artifacts for research purposes2 and 7,d7 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 7,b7 or 7,c7 of section #c7;a77#b7 of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjjb7;a77#b77;,b71 7,c771 give notice to and consult with the ,indian tribe or ,native ,hawaiian organization4,subdivision #f--,miscellaneous ,chapter #cjga--,miscellaneous ,sec4 #cjgaja4 ,world ,heritage ,convention4 #cjgajb4 ,effective date of regulations4 #cjgajc4 ,access to information4 #cjgajd4 ,inapplicability of division to ,white ,house1 ,supreme ,court building1 or ,united ,states ,capitol4 #cjgaje4 ,attorney's fees and costs to prevailing parties in civil actions4 #cjgajf4 ,authorization for expenditure of appropriated funds4 #cjgajg4 ,donations and bequests of money1 personal property1 and less than fee interests in historic property4 #cjgajh4 ,privately donated funds4 #cjgaja4 ,world ,heritage ,convention 7a7 ,authority of ,secretary4--,in carrying out this section1 the ,secretary of the ,interior may act directly or through an appropriate officer in the ,department of the ,interior4 7b7 ,participation by ,united ,states4--,the ,secretary shall direct and coordinate participation by the ,united ,states in the ,world ,heritage ,convention in cooperation with the ,secretary of ,state1 the ,smithsonian ,institution1 and the ,council4 ,whenever possible1 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 ,states4 7c7 ,nomination of ,property to ,world ,heritage ,committee4--,the ,secretary shall periodically nominate property that the ,secretary determines is of international significance to the ,world ,heritage ,committee on behalf of the ,united ,states4 ,no property may be nominated unless it has previously been determined to be of national significance4 ,each nomination shall include evidence of such legal protections as may be necessary to ensure preservation of the property and its environment 7including restrictive covenants1 easements1 or other forms of protection74 ,before making any nomination1 the ,secretary shall notify the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7d7 ,nomination of ,non-,federal ,property to ,world ,heritage ,committee ,requires ,written ,concurrence of ,owner4--,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 writing4 7e7 ,consideration of ,undertaking on ,property4--,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 ,register1 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 effect4 #cjgajb4 ,effective date of regulations 7a7 ,publication in ,federal ,register4--,no final regulation of the ,secretary shall become effective prior to the expiration of #cj calendar days after it is published in the ,federal ,register during which either or both ,houses of ,congress are in session4 7b7 ,disapproval of ,regulation by ,resolution of ,congress4--,the regulation shall not become effective if1 within #ij calendar days of continuous session of ,congress after the date of promulgation1 both ,houses of ,congress adopt a concurrent resolution1 the matter after the resolving clause of which is as follows3 8,that ,congress disapproves the regulation promulgated by the ,secretary dealing with the matter of 1 which regulation was transmitted to ,congress on 1 0 the blank spaces in the resolution being appropriately filled4 7c7 ,failure of ,congress ,to ,adopt ,resolution of ,disapproval of ,regulation4--,if at the end of #fj calendar days of continuous session of ,congress after the date of promulgation of a regulation1 no committee of either ,house of ,congress has reported or been discharged from further consideration of a concurrent resolution disapproving the regulation1 and neither ,house has adopted such a resolution1 the regulation may go into effect immediately4 ,if1 within the #fj calendar days1 a committee has reported or been discharged from further consideration of such a resolution1 the regulation may go into effect not sooner than #ij calendar days of continuous session of ,congress after its promulgation unless disapproved as provided for4 7d7 ,sessions of ,congress4--,for purposes of this section-- 7#a7 continuity of session is broken only by an adjournment sine die2 and 7#b7 the days on which either ,house is not in session because of an adjournment of more than #c days to a day certain are excluded in the computation of #fj and #ij calendar days of continuous session of ,congress4 7e7 ,congressional ,inaction or ,rejection of ,resolution of ,disapproval ,not ,deemed ,approval of ,regulation4--,congressional inaction on or rejection of a resolution of disapproval shall not be deemed an expression of approval of the regulation4 #cjgajc4 ,access to information 7a7 ,authority ,to ,withhold ,from ,disclosure4--,the head of a ,federal agency1 or other public official receiving grant assistance pursuant to this division1 after consultation with the ,secretary1 shall withhold from disclosure to the public information about the location1 character1 or ownership of a historic property if the ,secretary and the agency determine that disclosure may-- 7#a7 cause a significant invasion of privacy2 7#b7 risk harm to the historic property2 or 7#c7 impede the use of a traditional religious site by practitioners4 7b7 ,access ,determination4--,when the head of a ,federal agency or other public official determines that information should be withheld from the public pursuant to subsection 7a71 the ,secretary1 in consultation with the ,federal agency head or official1 shall determine who may have access to the information for the purpose of carrying out this division4 7c7 ,consultation ,with ,council4--,when information described in subsection 7a7 has been developed in the course of an agency's compliance with section #cjfajg or #cjfajh of this title1 the ,secretary shall consult with the ,council in reaching determinations under subsections 7a7 and 7b74 #cjgajd4 ,inapplicability of division to ,white ,house1 ,supreme ,court building1 or ,united ,states ,capitol ,nothing in this division applies to the ,white ,house and its grounds1 the ,supreme ,court building and its grounds1 or the ,united ,states ,capitol and its related buildings and grounds4 #cjgaje4 ,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 division1 if the person substantially prevails in the action1 the court may award attorney's fees1 expert witness fees1 and other costs of participating in the civil action1 as the court considers reasonable4 #cjgajf4 ,authorization for expenditure of appropriated funds ,where appropriate1 each ,federal agency may expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this division1 except to the extent that appropriations legislation expressly provides otherwise4 #cjgajg4 ,donations and bequests of money1 personal property1 and less than fee interests in historic property 7a7 ,money and ,personal ,property4--,the ,secretary may accept donations and bequests of money and personal property for the purposes of this division and shall hold1 use1 expend1 and administer the money and personal property for those purposes4 7b7 ,less ,than ,fee ,interest in ,historic ,property4--,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 property4 ,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 purpose4 #cjgajh4 ,privately donated funds 7a7 ,projects for ,which ,funds ,may ,be ,used4--,in furtherance of the purposes of this division1 the ,secretary may accept the donation of funds that may be expended by the ,secretary for projects to acquire1 restore1 preserve1 or recover data from any property included on the ,national ,register1 as long as the project is owned by a ,state1 any unit of local government1 or any nonprofit entity4 7b7 ,consideration of ,factors ,respecting ,expenditure of ,funds4-- 7#a7 ,in general4--,in expending the funds1 the ,secretary shall give due consideration to-- 7,a7 the national significance of the project2 7,b7 its historical value to the community2 7,c7 the imminence of its destruction or loss2 and 7,d7 the expressed intentions of the donor4 7#b7 ,funds available without regard to matching requirements4--,funds expended under this subsection shall be made available without regard to the matching requirements established by sections #cjbija and #cjbijb7;b7 of this title1 but the recipient of the funds shall be permitted to utilize them to match any grants from the ,historic ,preservation ,fund4 7c7 ,transfer of ,unobligated ,funds4--,the ,secretary may transfer unobligated funds previously donated to the ,secretary for the purposes of the ,service1 with the consent of the donor1 and any funds so transferred shall be used or expended in accordance with this division4 ,division ,b--,organizations and ,programs,subdivision #a--;,administered by ,national ,park ,service ,chapter #cjha--;,american ,battlefield ,protection ,program ,sec4 #cjhaja4 ,definition4 #cjhajb4 ,preservation assistance4 #cjhajc4 ,battlefield acquisition grant program4 #cjhaja4 ,definition ,in this chapter1 the term 8,secretary0 means the ,secretary1 acting through the ,american ,battlefield ,protection ,program4 #cjhajb4 ,preservation assistance 7a7 ,in ,general4--,using the established national historic preservation program to the extent practicable1 the ,secretary shall encourage1 support1 assist1 recognize1 and work in partnership with citizens1 ,federal1 ,state1 local1 and tribal governments1 other public entities1 educational institutions1 and private nonprofit organizations in identifying1 researching1 evaluating1 interpreting1 and protecting historic battlefields and associated sites on a national1 ,state1 and local level4 7b7 ,financial ,assistance4--,to carry out subsection 7a71 the ,secretary may use a cooperative agreement1 grant1 contract1 or other generally adopted means of providing financial assistance4 7c7 ,authorization of ,appropriations4--,there is authorized to be appropriated to carry out this section #c1jjj1jjj for each fiscal year1 to remain available until expended4 #cjhajc4 ,battlefield acquisition grant program 7a7 ,definition4--,in this section1 the term 8eligible site0 means a site-- 7#a7 that is not within the exterior boundaries of a ,system unit2 and 7#b7 that is identified in the document entitled 8,report on the ,nation's ,civil ,war ,battlefields01 prepared by the ,civil ,war ,sites ,advisory ,commission1 and dated ,july #aiic4 7b7 ,establishment4--,the ,secretary shall establish a battlefield acquisition grant program under which the ,secretary may provide grants to ,state and local governments to pay the ,federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those eligible sites4 7c7 ,nonprofit ,partners4--,a ,state or local government may acquire an interest in an eligible site using a grant under this section in partnership with a nonprofit organization4 7d7 ,non-,federal ,share4--,the non-,federal share of the total cost of acquiring an interest in an eligible site under this section shall be not less than #ej percent4 7e7 ,limitation on ,land ,use4--,an interest in an eligible site acquired under this section shall be subject to section #bjjcje7;f77#c7 of this title4 7f7 ,authorization of ,appropriations4--,there is authorized to be appropriated to the ,secretary to provide grants under this section #aj1jjj1jjj for each of fiscal years #bjab and #bjac4 ,chapter #cjhc--,national ,underground ,railroad ,network to ,freedom ,sec4 #cjhcja4 ,definition4 #cjhcjb4 ,program4 #cjhcjc4 ,preservation and interpretation of ,underground ,railroad history1 historic sites1 and structures4 #cjhcjd4 ,authorization of appropriations4 #cjhcja4 ,definition ,in this chapter1 the term 8national network0 means the ,national ,underground ,railroad ,network to ,freedom established under section #cjhcjb of this title4 #cjhcjb4 ,program 7a7 ,establishment2 ,responsibilities of ,secretary4--,the ,secretary shall establish in the ,service the ,national ,underground ,railroad ,network to ,freedom4 ,under the national network1 the ,secretary shall-- 7#a7 produce and disseminate appropriate educational materials1 such as handbooks1 maps1 interpretive guides1 or electronic information2 7#b7 enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection 7c72 and 7#c7 create and adopt an official1 uniform symbol or device for the national network and issue regulations for its use4 7b7 ,elements4--,the national network shall encompass the following elements3 7#a7 ,all ,system units and programs of the ,service determined by the ,secretary to pertain to the ,underground ,railroad4 7#b7 ,other ,federal1 ,state1 local1 and privately owned properties pertaining to the ,underground ,railroad that have a verifiable connection to the ,underground ,railroad and that are included on1 or determined by the ,secretary to be eligible for inclusion on1 the ,national ,register of ,historic ,places4 7#c7 ,other governmental and nongovernmental facilities and programs of an educational1 research1 or interpretive nature that are directly related to the ,underground ,railroad4 7c7 ,cooperative ,agreements and ,memoranda of ,understanding4--,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 ,service1 the ,secretary may enter into cooperative agreements and memoranda of understanding with1 and provide technical assistance-- 7#a7 to the heads of other ,federal agencies1 ,states1 localities1 regional governmental bodies1 and private entities2 and 7#b7 in cooperation with the ,secretary of ,state1 to the governments of ,canada1 ,mexico1 and any appropriate country in the ,caribbean4 #cjhcjc4 ,preservation and interpretation of ,underground ,railroad history1 historic sites1 and structures 7a7 ,authority ,to ,make ,grants4--,the ,secretary may make grants in accordance with this section for the preservation and restoration of historic buildings or structures associated with the ,underground ,railroad1 and for related research and documentation to sites1 programs1 or facilities that have been included in the national network4 7b7 ,grant ,conditions4--,any grant made under this section shall provide that-- 7#a7 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 ,secretary2 7#b7 the ,secretary shall have the right of access at reasonable times to the public portions of the property for interpretive and other purposes2 and 7#c7 conversion1 use1 or disposal of the property for purposes contrary to the purposes of this chapter1 as determined by the ,secretary1 shall result in a right of the ,united ,states to compensation equal to all ,federal funds made available to the grantee under this chapter4 7c7 ,matching ,requirement4--,the ,secretary may obligate funds made available for a grant under this section only if the grantee agrees to match1 from funds derived from non-,federal sources1 the amount of the grant with an amount that is equal to or greater than the grant4 ,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 resources4 #cjhcjd4 ,authorization of appropriations 7a7 ,amounts4--,there is authorized to be appropriated to carry out this chapter #b1ejj1jjj for each fiscal year1 of which-- 7#a7 #b1jjj1jjj shall be used to carry out section #cjhcjb of this title2 and 7#b7 #ejj1jjj shall be used to carry out section #cjhcjc of this title4 7b7 ,limitation4--,no amount 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 chapter4 ,chapter #cjhe--,national ,women's ,rights ,history ,project ,sec4 #cjheja4 ,national women's rights history project national registry4 #cjhejb4 ,national women's rights history project partnerships network4 #cjheja4 ,national women's rights history project national registry 7a7 ,in ,general4--,the ,secretary may make annual grants to ,state historic preservation offices for not more than #e years to assist the ,state historic preservation offices in surveying1 evaluating1 and nominating to the ,national ,register of ,historic ,places women's rights history properties4 7b7 ,eligibility4--,in making grants under subsection 7a71 the ,secretary shall give priority to grants relating to properties associated with the multiple facets of the women's rights movement1 such as politics1 economics1 education1 religion1 and social and family rights4 7c7 ,updates4--,the ,secretary shall ensure that the ,national ,register travel itinerary website entitled 8,places ,where ,women ,made ,history0 is updated to contain-- 7#a7 the results of the inventory conducted under subsection 7a72 and 7#b7 any links to websites related to places on the inventory4 7d7 ,cost-,sharing ,requirement4--,the ,federal share of the cost of any activity carried out using any assistance made available under this section shall be #ej percent4 7e7 ,authorization of ,appropriations4--,there is authorized to be appropriated to the ,secretary to carry out this section #a1jjj1jjj for each of fiscal years #bjab and #bjac4 #cjhejb4 ,national women's rights history project partnerships network 7a7 ,grants4--,the ,secretary may make matching grants and give technical assistance for development of a network of governmental and nongovernmental entities 7referred to in this section as the 8network071 the purpose of which is to provide interpretive and educational program development of national women's rights history1 including historic preservation4 7b7 ,management of ,network4-- 7#a7 ,in general4--,through a competitive process1 the ,secretary shall designate a nongovernmental managing entity to manage the network4 7#b7 ,coordination4--,the nongovernmental managing entity designated under paragraph 7#a7 shall work in partnership with the ,director and ,state historic preservation offices to coordinate operation of the network4 7c7 ,cost-,sharing ,requirement4-- 7#a7 ,in general4--,the ,federal share of the cost of any activity carried out using any assistance made available under this section shall be #ej percent4 7#b7 ,state historic preservation offices4--,matching grants for historic preservation specific to the network may be made available through ,state historic preservation offices4 7d7 ,authorization of ,appropriations4--,there is authorized to be appropriated to the ,secretary to carry out this section #a1jjj1jjj for each of fiscal years #bjab and #bjac4 ,chapter #cjhg--,national ,maritime ,heritage ,sec4 #cjhgja4 ,policy4 #cjhgjb4 ,definitions4 #cjhgjc4 ,national ,maritime ,heritage ,grants ,program4 #cjhgjd4 ,funding4 #cjhgje4 ,designation of ,america's ,national ,maritime ,museum4 #cjhgjf4 ,regulations4 #cjhgjg4 ,applicability of other authorities4 #cjhgja4 ,policy ,it shall be the policy of the ,federal ,government1 in partnership with the ,states and local governments and private organizations and individuals1 to-- 7#a7 use measures1 including financial and technical assistance1 to foster conditions under which our modern society and our historic maritime resources can exist in productive harmony2 7#b7 provide leadership in the preservation of the historic maritime resources of the ,united ,states2 7#c7 contribute to the preservation of historic maritime resources and give maximum encouragement to organizations and individuals undertaking preservation by private means2 and 7#d7 assist ,state and local governments to expand their maritime historic preservation programs and activities4 #cjhgjb4 ,definitions ,in this chapter3 7#a7 ,national trust4--,the term 8,national ,trust0 means the ,national ,trust for ,historic ,preservation in the ,united ,states established under section #cabajb of this title4 7#b7 ,private nonprofit organization4--,the term 8private nonprofit organization0 means any person that is exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;a77 and described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c774 7#c7 ,program4--,the term 8,program0 means the ,national ,maritime ,heritage ,grants ,program established under section #cjhgjc7;a7 of this title4 7#d7 ,state historic preservation officer4--,the term 8,state ,historic ,preservation ,officer0 means a ,state ,historic ,preservation ,officer appointed pursuant to section #cjbcja7a7 of this title by the chief executive official of a ,state having a ,state ,historic ,preservation ,program approved by the ,secretary under that section4 #cjhgjc4 ,national ,maritime ,heritage ,grants ,program 7a7 ,establishment4--,there is established in the ,department of the ,interior the ,national ,maritime ,heritage ,grants ,program1 to foster in the ,american public a greater awareness and appreciation of the role of maritime endeavors in our ,nation's history and culture4 ,the ,program shall consist of-- 7#a7 annual grants to the ,national ,trust for subgrants administered by the ,national ,trust for maritime heritage education projects under subsection 7b72 and 7#b7 grants to ,state ,historic ,preservation ,officers for maritime heritage preservation projects carried out or administered by those ,officers under subsection 7c74 7b7 ,grants for ,maritime ,heritage ,education ,projects4-- 7#a7 ,grants to national trust4--,the ,secretary1 subject to paragraph 7#b71 and the availability of amounts for that purpose under section #cjhgjd7;b77#a77;,a7 of this title1 shall make an annual grant to the ,national ,trust for maritime heritage education projects4 7#b7 ,use of grants4--,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 7f7 and that consist of-- 7,a7 assistance to any maritime museum or historical society for-- 7i7 existing and new educational programs1 exhibits1 educational activities1 conservation1 and interpretation of artifacts and collections2 7ii7 minor improvements to educational and museum facilities2 and 7iii7 other similar activities2 7,b7 activities designed to encourage the preservation of traditional maritime skills1 including-- 7i7 building and operation of vessels of all sizes and types for educational purposes2 7ii7 special skills such as wood carving1 sail making1 and rigging2 7iii7 traditional maritime art forms2 and 7iv7 sail training2 7,c7 other educational activities relating to historic maritime resources1 including-- 7i7 maritime educational waterborne-experience programs in historic vessels or vessel reproductions2 7ii7 maritime archeological field schools2 and 7iii7 educational programs on other aspects of maritime history2 7,d7 heritage programs focusing on maritime historic resources1 including maritime heritage trails and corridors2 or 7,e7 the construction and use of reproductions of historic maritime resources for educational purposes1 if a historic maritime resource no longer exists or would be damaged or consumed through direct use4 7c7 ,grants for ,maritime ,heritage ,preservation ,projects4-- 7#a7 ,grants to state historic preservation officers4--,the ,secretary1 acting through the ,national ,maritime ,initiative of the ,service and subject to paragraph 7#b71 and the availability of amounts for that purpose under section #cjhgjd7;b77#a77;,b7 of this title1 shall make grants to ,state ,historic ,preservation ,officers for maritime heritage preservation projects4 7#b7 ,use of grants4--,amounts received by a ,state ,historic ,preservation ,officer as a grant under this subsection shall be used by the ,officer to carry out1 or to make subgrants to local governments and private nonprofit organizations to carry out1 projects that have been approved by the ,secretary under subsection 7f7 for the preservation of historic maritime resources through-- 7,a7 identification of historic maritime resources1 including underwater archeological sites2 7,b7 acquisition of historic maritime resources for the purposes of preservation2 7,c7 repair1 restoration1 stabilization1 maintenance1 or other capital improvements to historic maritime resources1 in accordance with standards prescribed by the ,secretary2 and 7,d7 research1 recording 7through drawings1 photographs1 or otherwise71 planning 7through feasibility studies1 architectural and engineering services1 or otherwise71 and other services carried out as part of a preservation program for historic maritime resources4 7d7 ,criteria for ,direct ,grant and ,subgrant ,eligibility4--,to qualify for a subgrant from the ,national ,trust under subsection 7b71 or a direct grant to or a subgrant from a ,state ,historic ,preservation ,officer under subsection 7c71 a person shall-- 7#a7 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 history1 technology1 or the role of maritime endeavors in ,american culture2 7#b7 match the amount of the direct grant or subgrant1 on a #a-to-#a basis1 with non-,federal assets from non-,federal sources1 which may include cash or donated services fairly valued as determined by the ,secretary2 7#c7 maintain records as may be reasonably necessary to fully disclose-- 7,a7 the amount and the disposition of the proceeds of the direct grant or subgrant2 7,b7 the total cost of the project for which the direct grant or subgrant is made2 and 7,c7 other records as may be required by the ,secretary1 including such records as will facilitate an effective accounting for project funds2 7#d7 provide access to the ,secretary for the purposes of any required audit and examination of any records of the person2 and 7#e7 be a unit of ,state or local government1 or a private nonprofit organization4 7e7 ,procedures1 ,terms1 and ,conditions4-- 7#a7 ,application procedures4--,an application for a subgrant under subsection 7b71 or a direct grant or subgrant under subsection 7c71 shall be submitted under procedures prescribed by the ,secretary4 7#b7 ,terms and conditions4--,a person may not receive a subgrant under subsection 7b71 or a direct grant or subgrant under subsection 7c71 unless the person agrees to assume1 after completion of the project for which the direct grant or subgrant is awarded1 the total cost of the continued maintenance1 repair1 and administration of any property for which the subgrant will be used in a manner satisfactory to the ,secretary4 7f7 ,allocation of1 and ,limitation on1 ,grant ,funding4-- 7#a7 ,allocation4--,to the extent feasible1 the ,secretary shall ensure that the amount made available under subsection 7b7 for maritime heritage education projects is equal to the amount made available under subsection 7c7 for maritime heritage preservation projects4 7#b7 ,limitation4--,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 #dj percent of the total amount available for the fiscal year for grants under this section4 7g7 ,publication of ,direct ,grant and ,subgrant ,information4--,the ,secretary shall publish annually in the ,federal ,register and otherwise as the ,secretary considers appropriate-- 7#a7 a solicitation of applications for direct grants and subgrants under this section2 7#b7 a list of priorities for the making of those direct grants and subgrants2 7#c7 a single deadline for the submission of applications for those direct grants and subgrants2 and 7#d7 other relevant information4 7h7 ,direct ,grant and ,subgrant ,administration4-- 7#a7 ,responsibility4-- 7,a7 ,national trust4--,the ,national ,trust is responsible for administering subgrants for maritime heritage education projects under subsection 7b74 7,b7 ,secretary4--,the ,secretary is responsible for administering direct grants for maritime heritage preservation projects under subsection 7c74 7,c7 ,state historic preservation officers4--,state ,historic ,preservation ,officers are responsible for administering subgrants for maritime heritage preservation projects under subsection 7c74 7#b7 ,actions4--,the appropriate responsible party under paragraph 7#a7 shall administer direct grants or subgrants by-- 7,a7 publicizing the ,program to prospective grantees1 subgrantees1 and the public at large1 in cooperation with the ,service1 the ,maritime ,administration1 and other appropriate government agencies and private institutions2 7,b7 answering inquiries from the public1 including providing information on the ,program as requested2 7,c7 distributing direct grant and subgrant applications2 7,d7 receiving direct grant and subgrant applications and ensuring their completeness2 7,e7 keeping records of all direct grant and subgrant awards and expenditures of funds2 7,f7 monitoring progress of projects carried out with direct grants and subgrants2 and 7,g7 providing to the ,secretary such progress reports as may be required by the ,secretary4 7i7 ,assistance of ,maritime ,preservation ,organizations4--,the ,secretary1 the ,national ,trust1 and the ,state ,historic ,preservation ,officers may1 individually or jointly1 enter into cooperative agreements with any private nonprofit organization with appropriate expertise in maritime preservation issues1 or other qualified maritime preservation organizations1 to assist in the administration of the ,program4 7j7 ,report to ,congress4--,the ,secretary shall submit to ,congress an annual report on the ,program1 including-- 7#a7 a description of each project funded under the ,program in the period covered by the report2 7#b7 the results or accomplishments of each such project2 and 7#c7 recommended priorities for achieving the policy set forth in section #cjhgja of this title4 #cjhgjd4 ,funding 7a7 ,availability of ,funds ,from ,sale and ,scrapping of ,obsolete ,vessels4-- 7#a7 ,in general4--,notwithstanding any other provision of law1 the amount of funds credited in a fiscal year to the ,vessel ,operations ,revolving ,fund established by section #ejcja7;a7 of title #df that is attributable to the sale of obsolete vessels in the ,national ,defense ,reserve ,fleet that are scrapped or sold under section #egajb1 #egajc1 or #egajd of title #df shall be available until expended as follows3 7,a7 ,fifty percent shall be available to the ,administrator of the ,maritime ,administration for such acquisition1 maintenance1 repair1 reconditioning1 or improvement of vessels in the ,national ,defense ,reserve ,fleet as is authorized under other ,federal law4 7,b7 ,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 maintenance1 repair1 and modernization1 and for the purchase of simulators and fuel4 7,c7 ,the remainder shall be available-- 7i7 to the ,secretary to carry out the ,program1 as provided in subsection 7b72 or 7ii7 if otherwise determined by the ,administrator of the ,maritime ,administration1 for use in the preservation and presentation to the public of maritime heritage property of the ,maritime ,administration4 7#b7 ,applicability4--,paragraph 7#a7 does not apply to amounts credited to the ,vessel ,operations ,revolving ,fund before ,july #a1 #aiid4 7b7 ,use of ,amounts for ,program4-- 7#a7 ,in general4--,except as provided in paragraph 7#b71 of amounts available each fiscal year for the ,program under subsection 7a77#a77;,c7-- 7,a7 one half shall be used for grants under section #cjhgjc7;b7 of this title2 and 7,b7 one half shall be used for grants under section #cjhgjc7;c7 of this title4 7#b7 ,administrative expenses4-- 7,a7 ,in general4--,not more than #ae percent or #ejj1jjj1 whichever is less1 of the amount available for the ,program under subsection 7a77#a77;,c7 for a fiscal year may be used for expenses of administering the ,program4 7,b7 ,allocation4--,of the amount available under subparagraph 7,a7 for a fiscal year-- 7i7 one half shall be allocated to the ,national ,trust for expenses incurred in administering grants under section #cjhgjc7;b7 of this title2 and 7ii7 one half shall be allocated as appropriate by the ,secretary to the ,service and participating ,state ,historic ,preservation ,officers4 7c7 ,disposal of ,vessels4-- 7#a7 ,requirement4--,the ,secretary of ,transportation shall dispose 7by sale or by purchase of disposal services7 of all vessels described in paragraph 7#b7-- 7,a7 in accordance with a priority system for disposing of vessels1 as determined by the ,secretary1 that shall include provisions requiring the ,maritime ,administration to-- 7i7 dispose of all deteriorated high priority ships that are available for disposal within #ab months of their designation as available for disposal2 and 7ii7 give priority to the disposition of those vessels that pose the most significant danger to the environment or cost the most to maintain2 7,b7 in the manner that provides the best value to the ,federal ,government1 except in any case in which obtaining the best value would require towing a vessel and the towing poses a serious threat to the environment2 and 7,c7 in accordance with the plan of the ,department of ,transportation for disposal of those vessels and requirements under sections #egajb to #egajd of title #df4 7#b7 ,description of vessels4--,the vessels referred to in paragraph 7#a7 are the vessels in the ,national ,defense ,reserve ,fleet after ,july #a1 #aiid1 that-- 7,a7 are not assigned to the ,ready ,reserve ,force component of the ,national ,defense ,reserve ,fleet2 and 7,b7 are not specifically authorized or required by statute to be used for a particular purpose4 7d7 ,treatment of ,available ,amounts4--,amounts available under this section shall not be considered in any determination of the amounts available to the ,department of the ,interior4 #cjhgje4 ,designation of ,america's ,national ,maritime ,museum 7a7 ,in ,general4--,america's ,national ,maritime ,museum shall be composed of the museums designated by law to be museums of ,america's ,national ,maritime ,museum on the basis that the museums-- 7#a7 house a collection of maritime artifacts clearly representing the ,nation's maritime heritage2 and 7#b7 provide outreach programs to educate the public about the ,nation's maritime heritage4 7b7 ,initial ,designation4--,the following museums 7meeting the criteria specified in subsection 7a77 are designated as museums of ,america's ,national ,maritime ,museum3 7#a7 ,the ,mariners' ,museum1 located at #ajj ,museum ,drive1 ,newport ,news1 ,virginia4 7#b7 ,the ,south ,street ,seaport ,museum1 located at #bjg ,front ,street1 ,new ,york1 ,new ,york4 7c7 ,future ,designation of ,other ,museums ,not ,precluded4--,the designation of the museums referred to in subsection 7b7 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 7a7 as a museum of ,america's ,national ,maritime ,museum4 7d7 ,reference to ,museums4--,any reference in any law1 map1 regulation1 document1 paper1 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 ,museum4 #cjhgjf4 ,regulations ,the ,secretary1 after consultation with the ,national ,trust1 the ,national ,conference of ,state ,historic ,preservation ,officers1 and appropriate members of the maritime heritage community1 shall prescribe appropriate guidelines1 procedures1 and regulations to carry out the chapter1 including direct grant and subgrant priorities1 the method of solicitation and review of direct grant and subgrant proposals1 criteria for review of direct grant and subgrant proposals1 administrative requirements1 reporting and recordkeeping requirements1 and any other requirements the ,secretary considers appropriate4 #cjhgjg4 ,applicability of other authorities ,the authorities contained in this chapter shall be in addition to1 and shall not be construed to supersede or modify those contained in division ,a of this subtitle4 ,chapter #cjhi--,save ,america's ,treasures ,program ,sec4 #cjhija4 ,definitions4 #cjhijb4 ,establishment4 #cjhijc4 ,grants4 #cjhijd4 ,guidelines and regulations4 #cjhije4 ,authorization of appropriations4 #cjhija4 ,definitions ,in this chapter3 7#a7 ,collection4--,the term 8collection0 means a collection of intellectual and cultural artifacts1 including documents1 sculpture1 and works of art4 7#b7 ,eligible entity4--,the term 8eligible entity0 means a ,federal entity1 ,state1 local1 or tribal government1 educational institution1 or nonprofit organization4 7#c7 ,historic property4--,the term 8historic property0 has the meaning given the term in section #cjjcjh of this title4 7#d7 ,nationally significant4--,the term 8nationally significant01 in reference to a collection or historic property1 means a collection or historic property that meets the applicable criteria for national significance1 in accordance with regulations promulgated by the ,secretary pursuant to section #cjbajc of this title4 7#e7 ,program4--,the term 8program0 means the ,save ,america's ,treasures ,program established under section #cjhijb7;a7 of this title4 7#f7 ,secretary4--,the term 8,secretary0 means the ,secretary1 acting through the ,director4 #cjhijb4 ,establishment 7a7 ,in ,general4--,there is established in the ,department of the ,interior the ,save ,america's ,treasures ,program4 7b7 ,participants4--,in consultation and partnership with the ,national ,endowment for the ,arts1 the ,national ,endowment for the ,humanities1 the ,institute of ,museum and ,library ,services1 the ,national ,trust for ,historic ,preservation in the ,united ,states1 the ,national ,conference of ,state ,historic ,preservation ,officers1 the ,national ,association of ,tribal ,historic ,preservation ,officers1 and the ,president's ,committee on the ,arts and the ,humanities1 the ,secretary shall use the amounts made available under section #cjhije of this title to provide grants to eligible entities for projects to preserve nationally significant collections and historic property4 #cjhijc4 ,grants 7a7 ,determination of ,grants4--,of the amounts made available for grants under section #cjhije of this title1 not less than #ej percent shall be made available for grants for projects to preserve collections and historic property1 to be distributed through a competitive grant process administered by the ,secretary1 subject to the selection criteria established under subsection 7d74 7b7 ,application for ,grants4--,to be considered for a grant under the program an eligible entity shall submit to the ,secretary an application containing such information as the ,secretary may require4 7c7 ,collections and ,historic ,property ,eligible for ,grants4-- 7#a7 ,in general4--,a collection or historic property shall be provided a grant under the program only if the ,secretary determines that the collection or historic property is-- 7,a7 nationally significant2 and 7,b7 threatened or endangered4 7#b7 ,eligible collections4--,a determination by the ,secretary regarding the national significance of a collection under paragraph 7#a77;,a7 shall be made in consultation with the organizations described in section #cjhijb7;b7 of this title1 as appropriate4 7#c7 ,eligible historic property4--,to be eligible for a grant under the program1 a historic property shall1 as of the date of the grant application-- 7,a7 be listed on the ,national ,register of ,historic ,places at the national level of significance2 or 7,b7 be designated as a ,national ,historic ,landmark4 7d7 ,selection ,criteria4-- 7#a7 ,in general4--,the ,secretary shall not provide a grant under this chapter to a project for a collection or historic property unless the project-- 7,a7 eliminates or substantially mitigates the threat of destruction or deterioration of the collection or historic property2 7,b7 has a clear public benefit2 and 7,c7 is able to be completed on schedule and within the budget described in the grant application4 7#b7 ,preference4--,in providing grants under this chapter1 the ,secretary may give preference to projects that carry out the purposes of both the program and the ,preserve ,america ,program4 7#c7 ,limitation4--,in providing grants under this chapter1 the ,secretary shall provide only one grant to each project selected for a grant4 7e7 ,consultation and ,notification by ,secretary4-- 7#a7 ,consultation4-- 7,a7 ,in general4--,subject to subparagraph 7,b71 the ,secretary shall consult with the organizations described in section #cjhijb7;b7 of this title in preparing the list of projects to be provided grants for a fiscal year under the program4 7,b7 ,limitation4--,if an organization described in section #cjhijb7;b7 of this title has submitted an application for a grant under the program1 the organization shall be recused by the ,secretary from the consultation requirements under subparagraph 7,a7 and section #cjhijb7;b7 of this title4 7#b7 ,notification4--,not later than #cj days before the date on which the ,secretary provides grants for a fiscal year under the program1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources and ,committee on ,appropriations of the ,senate and the ,committee on ,natural ,resources and ,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 year4 7f7 ,cost-,sharing ,requirement4-- 7#a7 ,in general4--,the non-,federal share of the cost of carrying out a project provided a grant under this chapter shall be not less than #ej percent of the total cost of the project4 7#b7 ,form of non-federal share4--,the non-,federal share required under paragraph 7#a7 shall be in the form of-- 7,a7 cash2 or 7,b7 donated supplies or related services1 the value of which shall be determined by the ,secretary4 7#c7 ,requirement4--,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 7#a7 before a grant is provided to the eligible project under the program4 #cjhijd4 ,guidelines and regulations ,the ,secretary shall develop any guidelines and prescribe any regulations that the ,secretary determines to be necessary to carry out this chapter4 #cjhije4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this chapter #ej1jjj1jjj for each fiscal year1 to remain available until expended4 ,chapter #cjia--;,commemoration of ,former ,presidents ,sec4 #cjiaja4 ,sites and structures that commemorate former ,presidents4 #cjiaja4 ,sites and structures that commemorate former ,presidents 7a7 ,survey4--,the ,secretary may conduct a survey of sites that the ,secretary considers exhibit qualities most appropriate for the commemoration of each former ,president4 ,the survey may-- 7#a7 include sites associated with the deeds1 leadership1 or lifework of a former ,president2 and 7#b7 identify sites or structures historically unrelated to a former ,president but that may be suitable as a memorial to honor that ,president4 7b7 ,reports4--,the ,secretary shall1 from time to time1 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 7a71 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 ,president4 ,each report shall include pertinent information with respect to the need for acquisition of land and interests in land1 the development of facilities1 and the operation and maintenance of the site or structure and the estimated cost of the operation and maintenance4 7c7 ,establishment as ,national ,historic ,site4--,if during the #f-month period following the transmittal of a report pursuant to subsection 7b7 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 site1 the ,secretary may by appropriate order establish the site or structure as a national historic site1 including the land and interests in land identified in the report accompanying the recommendation of the ,secretary4 7d7 ,acquistion of ,land and ,interests in ,land4--,the ,secretary may acquire the land and interests in land by donation1 purchase with donated or appropriated funds1 transfer from any other ,federal agency1 or exchange4 7e7 ,effect of ,section4--,nothing in this section shall be construed as diminishing the authority of the ,secretary under chapter #cbja of this title or as authorizing the ,secretary to establish any national memorial1 creation of which is expressly reserved to ,congress4,subdivision #b--;,administered ,jointly ,with ,national ,park ,service ,chapter #caaa--,preserve ,america ,program ,sec4 #caaaja4 ,definitions4 #caaajb4 ,establishment4 #caaajc4 ,designation of ,preserve ,america ,communities4 #caaajd4 ,regulations4 #caaaje4 ,authorization of appropriations4 #caaaja4 ,definitions ,in this chapter3 7#a7 ,council4--,the term 8,council0 means the ,advisory ,council on ,historic ,preservation4 7#b7 ,heritage tourism4--,the term 8heritage tourism0 means the conduct of activities to attract and accommodate visitors to a site or area based on the unique or special aspects of the history1 landscape 7including trail systems71 and culture of the site or area4 7#c7 ,program4--,the term 8program0 means the ,preserve ,america ,program established under section #caaajb7;a74 #caaajb4 ,establishment 7a7 ,in ,general4--,there is established in the ,department of the ,interior the ,preserve ,america ,program1 under which the ,secretary1 in partnership with the ,council1 may provide competitive grants to ,states1 local governments 7including local governments in the process of applying for designation as ,preserve ,america ,communities under section #caaajc of this title1 ,indian tribes1 communities designated as ,preserve ,america ,communities under section #caaajc of this title1 ,state historic preservation offices1 and tribal historic preservation offices to support preservation efforts through heritage tourism1 education1 and historic preservation planning activities4 7b7 ,eligible ,projects4-- 7#a7 ,in general4--,the following projects shall be eligible for a grant under this chapter3 7,a7 ,a project for the conduct of-- 7i7 research on1 and documentation of1 the history of a community2 and 7ii7 surveys of the historic resources of a community4 7,b7 ,an education and interpretation project that conveys the history of a community or site4 7,c7 ,a planning project 7other than building rehabilitation7 that advances economic development using heritage tourism and historic preservation4 7,d7 ,a training project that provides opportunities for professional development in areas that would aid a community in using and promoting its historic resources4 7,e7 ,a project to support heritage tourism in a ,preserve ,america ,community designated under section #caaajc of this title4 7,f7 ,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 chapter4 7#b7 ,limitation4--,in providing grants under this chapter1 the ,secretary shall provide only one grant to each eligible project selected for a grant4 7c7 ,preference4--,in providing grants under this chapter1 the ,secretary may give preference to projects that carry out the purposes of both the program and the ,save ,america's ,treasures ,program4 7d7 ,consultation and ,notification4-- 7#a7 ,consultation4--,the ,secretary shall consult with the ,council in preparing the list of projects to be provided grants for a fiscal year under the program4 7#b7 ,notification4--,not later than #cj days before the date on which the ,secretary provides grants for a fiscal year under the program1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources and ,committee on ,appropriations of the ,senate and the ,committee on ,natural ,resources and ,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 year4 7e7 ,cost-,sharing ,requirement4-- 7#a7 ,in general4--,the non-,federal share of the cost of carrying out a project provided a grant under this chapter shall be not less than #ej percent of the total cost of the project4 7#b7 ,form of non-federal share4--,the non-,federal share required under paragraph 7#a7 shall be in the form of-- 7,a7 cash2 or 7,b7 donated supplies and related services1 the value of which shall be determined by the ,secretary4 7#c7 ,requirement4--,the ,secretary shall ensure that each applicant for a grant has the capacity to secure1 and a feasible plan for securing1 the non-,federal share for an eligible project required under paragraph 7#a7 before a grant is provided to the eligible project under the program4 #caaajc4 ,designation of ,preserve ,america ,communities 7a7 ,application4--,to be considered for designation as a ,preserve ,america ,community1 a community1 tribal area1 or neighborhood shall submit to the ,council an application containing such information as the ,council may require4 7b7 ,criteria4--,to be designated as a ,preserve ,america ,community under the program1 a community1 tribal area1 or neighborhood that submits an application under subsection 7a7 shall1 as determined by the ,council1 in consultation with the ,secretary1 meet criteria required by the ,council and1 in addition1 consider-- 7#a7 protection and celebration of the heritage of the community1 tribal area1 or neighborhood2 7#b7 use of the historic assets of the community1 tribal area1 or neighborhood for economic development and community revitalization2 and 7#c7 encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs4 7c7 ,local ,governments ,previously ,certified for ,historic ,preservation ,activities4--,the ,council shall establish an expedited process for ,preserve ,america ,community designation for local governments previously certified for historic preservation activities under section #cjbejb of this title4 7d7 ,guidelines4--,the ,council1 in consultation with the ,secretary1 shall establish any guidelines that are necessary to carry out this section4 #caaajd4 ,regulations ,the ,secretary shall develop any guidelines and issue any regulations that the ,secretary determines to be necessary to carry out this chapter4 #caaaje4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this chapter #be1jjj1jjj for each fiscal year1 to remain available until expended4,subdivision #c--;,administered by ,other ,than ,national ,park ,service ,chapter #caba--,national ,trust for ,historic ,preservation in the ,united ,states ,sec4 #cabaja4 ,definitions4 #cabajb4 ,establishment and purposes4 #cabajc4 ,principal office4 #cabajd4 ,board of trustees4 #cabaje4 ,powers4 #cabajf4 ,consultation with ,national ,park ,system ,advisory ,board4 #cabaja4 ,definitions ,in this chapter3 7#a7 ,board4--,the term 8,board0 means the board of trustees of the ,national ,trust4 7#b7 ,national trust4--,the term 8,national ,trust0 means the ,national ,trust for ,historic ,preservation in the ,united ,states established under section #cabajb of this title4 #cabajb4 ,establishment and purposes 7a7 ,establishment4--,to further the policy enunciated in chapter #cbja of this title1 and to facilitate public participation in the preservation of sites1 buildings1 and objects of national significance or interest1 there is established a charitable1 educational1 and nonprofit corporation to be known as the ,national ,trust for ,historic ,preservation in the ,united ,states4 7b7 ,purposes4--,the purposes of the ,national ,trust shall be to-- 7#a7 receive donations of sites1 buildings1 and objects significant in ,american history and culture2 7#b7 preserve and administer the sites1 buildings1 and objects for public benefit2 7#c7 accept1 hold1 and administer gifts of money1 securities1 or other property of any character for the purpose of carrying out the preservation program2 and 7#d7 execute other functions vested in the ,national ,trust by this chapter4 #cabajc4 ,principal office ,the ,national ,trust shall have its principal office in the ,district of ,columbia and shall be deemed1 for purposes of venue in civil actions1 to be a resident of the ,district of ,columbia4 ,the ,national ,trust may establish offices in other places as it may consider necessary or appropriate in the conduct of its business4 #cabajd4 ,board of trustees 7a7 ,membership4--,the affairs of the ,national ,trust shall be under the general direction of a board of trustees composed as follows3 7#a7 ,the ,attorney ,general1 the ,secretary1 and the ,director of the ,national ,gallery of ,art1 ex officio4 7#b7 ,not fewer than #f general trustees who shall be citizens of the ,united ,states4 7b7 ,designation of ,another ,officer4--,the ,attorney ,general and the ,secretary1 when it appears desirable in the interest of the conduct of the business of the ,board and to such extent as they consider it advisable1 may1 by written notice to the ,national ,trust1 designate any officer of their respective departments to act for them in the discharge of their duties as a member of the ,board4 7c7 ,general ,trustees4-- 7#a7 ,number and selection4--,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 ,trust4 7#b7 ,term of office4--,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 #e years from the date of election4 7#c7 ,successor4--,a successor to a general trustee shall be chosen in the same manner and shall have a term expiring #e years from the date of the expiration of the term for which the predecessor was chosen1 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 term4 7d7 ,chairman4--,the chairman of the ,board shall be elected by a majority vote of the members of the ,board4 7e7 ,compensation and ,reimbursement4--,no compensation shall be paid to the members of the ,board for their services as such members1 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 ,board4 #cabaje4 ,powers 7a7 ,in ,general4--,to the extent necessary to enable it to carry out the functions vested in it by this chapter1 the ,national ,trust has the general powers described in this section4 7b7 ,succession4--,the ,national ,trust has succession until dissolved by ,act of ,congress1 in which event title to the property of the ,national ,trust1 both real and personal1 shall1 insofar as consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the ,national ,trust1 pass to and become vested in the ,united ,states4 7c7 ,sue and ,be ,sued4--,the ,national ,trust may sue and be sued in its corporate name4 7d7 ,corporate ,seal4--,the ,national ,trust may adopt1 alter1 and use a corporate seal that shall be judicially noticed4 7e7 ,constitution1 ,bylaws1 and ,regulations4--,the ,national ,trust may adopt a constitution and prescribe such bylaws and regulations1 not inconsistent with the laws of the ,united ,states or of any ,state1 as it considers necessary for the administration of its functions under this chapter1 including among other matters1 bylaws and regulations governing visitation to historic properties1 administration of corporate funds1 and the organization and procedure of the ,board4 7f7 ,personal ,property4--,the ,national ,trust may accept1 hold1 and administer gifts and bequests of money1 securities1 or other personal property of any character1 absolutely or in trust1 for the purposes for which the ,national ,trust is created4 ,unless otherwise restricted by the terms of a gift or bequest1 the ,national ,trust may sell1 exchange1 or otherwise dispose of1 and invest or reinvest in investments as it may determine from time to time1 the moneys1 securities1 or other property given or bequeathed to it4 ,the principal of corporate funds and the income from those funds and all other revenues received by the ,national ,trust from any source shall be placed in such depositories as the ,national ,trust shall determine and shall be subject to expenditure by the ,national ,trust for its corporate purposes4 7g7 ,real ,property4--,the ,national ,trust may acquire by gift1 devise1 purchase1 or otherwise1 absolutely or in trust1 and hold and1 unless otherwise restricted by the terms of the gift or devise1 encumber1 convey1 or otherwise dispose of1 any real property1 or any estate or interest in real property 7except property within the exterior boundaries of a ,system unit71 as may be necessary and proper in carrying into effect the purposes of the ,national ,trust4 7h7 ,contracts and ,cooperative ,agreements ,respecting ,protection1 ,preservation1 ,maintenance1 or ,operation4--,the ,national ,trust may contract and make cooperative agreements with ,federal1 ,state1 or local agencies1 corporations1 associations1 or individuals1 under terms and conditions that the ,national ,trust considers advisable1 respecting the protection1 preservation1 maintenance1 or operation of any historic site1 building1 object1 or property used in connection with the site1 building1 object1 or property for public use1 regardless of whether the ,national ,trust has acquired title to the property1 or any interest in the property4 7i7 ,enter ,into ,contracts and ,execute ,instruments4--,the ,national ,trust may enter into contracts generally and execute all instruments necessary or appropriate to carry out its corporate purposes1 including concession contracts1 leases1 or permits for the use of land1 buildings1 or other property considered desirable either to accommodate the public or to facilitate administration4 7j7 ,officers1 ,agents1 and ,employees4--,the ,national ,trust may appoint and prescribe the duties of officers1 agents1 and employees as may be necessary to carry out its functions1 and fix and pay compensation to them for their services as the ,national ,trust may determine4 7k7 ,lawful ,acts4--,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 created4 #cabajf4 ,consultation with ,national ,park ,system ,advisory ,board ,in carrying out its functions under this chapter1 the ,national ,trust may consult with the ,national ,park ,system ,advisory ,board on matters relating to the selection of sites1 buildings1 and objects to be preserved and protected pursuant to this chapter4 ,chapter #cabc--;,commission for the ,preservation of ,america's ,heritage ,abroad ,sec4 #cabcja4 ,definition4 #cabcjb4 ,declaration of national interest4 #cabcjc4 ,establishment4 #cabcjd4 ,duties and powers2 administrative support4 #cabcje4 ,reports4 #cabcja4 ,definition ,in this chapter1 the term 8,commission0 means the ,commission for the ,preservation of ,america's ,heritage ,abroad established under section #cabcjc of this title4 #cabcjb4 ,declaration of national interest ,because the fabric of a society is strengthened by visible reminders of the historical roots of the society1 it is in the national interest to encourage the preservation and protection of the cemeteries1 monuments1 and historic buildings associated with the foreign heritage of ,united ,states citizens4 #cabcjc4 ,establishment 7a7 ,establishment4--,there is established a commission to be known as the ,commission for the ,preservation of ,america's ,heritage ,abroad4 7b7 ,membership4--,the ,commission shall consist of #ba members appointed by the ,president1 #g of whom shall be appointed after consultation with the ,speaker of the ,house of ,representatives and #g of whom shall be appointed after consultation with the ,president pro tempore of the ,senate4 7c7 ,term4-- 7#a7 ,in general4--,except as provided in paragraph 7#b71 a member of the ,commission shall be appointed for a term of #c years4 7#b7 ,vacancy4--,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 appointed4 7#c7 ,member until successor appointed4--,a member may retain membership on the ,commission until the member's successor has been appointed4 7d7 ,chairman4--,the ,president shall designate the ,chairman of the ,commission from among its members4 7e7 ,meetings4--,the ,commission shall meet at least once every #f months4 7f7 ,compensation and ,expenses4-- 7#a7 ,compensation4--,members of the ,commission shall receive no pay on account of their service on the ,commission4 7#b7 ,expenses4--,while away from their homes or regular places of business in the performance of services for the ,commission1 members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as individuals employed intermittently in the ,government service are allowed expenses under section #egjc of title #e4 #cabcjd4 ,duties and powers2 administrative support 7a7 ,duties4--,the ,commission shall-- 7#a7 identify and publish a list of cemeteries1 monuments1 and historic buildings located abroad that are associated with the foreign heritage of ,united ,states citizens from eastern and central ,europe1 particularly cemeteries1 monuments1 and buildings that are in danger of deterioration or destruction2 7#b7 encourage the preservation and protection of those cemeteries1 monuments1 and historic buildings by obtaining1 in cooperation with the ,secretary of ,state1 assurances from foreign governments that the cemeteries1 monuments1 and buildings will be preserved and protected2 and 7#c7 prepare and disseminate reports on the condition of1 and the progress toward preserving and protecting1 those cemeteries1 monuments1 and historic buildings4 7b7 ,powers4-- 7#a7 ,hold hearings1 request attendance1 take testimony1 and receive evidence4--,the ,commission or any member it authorizes may1 for the purposes of carrying out this chapter1 hold such hearings1 sit and act at such times and places1 request such attendance1 take such testimony1 and receive such evidence1 as the ,commission considers appropriate4 7#b7 ,appoint personnel and fix pay4--,the ,commission may appoint such personnel 7subject to the provisions of title #e governing appointments in the competitive service7 and may fix the pay of such personnel 7subject to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e71 as the ,commission considers desirable4 7#c7 ,procure temporary and intermittent services4--,the ,commission may procure temporary and intermittent services to the same extent as is authorized by section #caji7;b7 of title #e1 but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay then in effect under section #ecgf of title #e4 7#d7 ,detail personnel to commisison4--,on request of the ,commission1 the head of any ,federal department or agency1 including the ,secretary of ,state1 may detail1 on a reimbursable basis1 any of the personnel of that department or agency to the ,commission to assist it in carrying out its duties under this chapter4 7#e7 ,secure information4--,the ,commission may secure directly from any department or agency of the ,united ,states1 including the ,department of ,state1 any information necessary to enable it to carry out this chapter4 ,on the request of the ,chairman of the ,commission1 the head of the department or agency shall furnish the information to the ,commission4 7#f7 ,gifts or donations4--,the ,commission may accept1 use1 and dispose of gifts or donations of money or property4 7#g7 ,use of mails4--,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 ,states4 7c7 ,administrative ,support4--,the ,administrator of ,general ,services shall provide to the ,commission on a reimbursable basis administrative support services as the ,commission may request4 #cabcje4 ,reports ,as soon as practicable after the end of each fiscal year1 the ,commission shall transmit to the ,president a report that includes-- 7#a7 a detailed statement of the activities and accomplishments of the ,commission during the fiscal year2 and 7#b7 any recommendations of the ,commission for legislation and administrative actions4 ,chapter #cabe--,preservation of ,historical and ,archeological ,data ,sec4 #cabeja4 ,definition4 #cabejb4 ,threat of irreparable loss or destruction of significant scientific1 prehistorical1 historical1 or archeological data by ,federal construction projects4 #cabejc4 ,survey and recovery by ,secretary4 #cabejd4 ,progress reports by ,secretary on surveys and work undertaken as result of surveys4 #cabeje4 ,notice of dam construction4 #cabejf4 ,administration4 #cabejg4 ,assistance to ,secretary by ,federal agencies responsible for construction projects4 #cabejh4 ,costs for identification1 surveys1 evaluation1 and data recovery with respect to historic property4 #cabeja4 ,definition ,in this chapter1 the term 8,state0 includes a ,state1 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,virgin ,islands1 and the ,northern ,mariana ,islands4 #cabejb4 ,threat of irreparable loss or destruction of significant scientific1 prehistorical1 historical1 or archeological data by ,federal construction projects 7a7 ,activity of ,federal ,agency4-- 7#a7 ,notification of secretary4--,when any ,federal agency finds1 or is notified1 in writing1 by an appropriate historical or archeological authority1 that its activities in connection with any ,federal construction project or federally licensed project1 activity1 or program may cause irreparable loss or destruction of significant scientific1 prehistorical1 historical1 or archeological data1 the agency shall notify the ,secretary1 in writing1 and shall provide the ,secretary with appropriate information concerning the project1 program1 or activity4 7#b7 ,recovery1 protection1 and preservation of data4--,the agency-- 7,a7 may request the ,secretary to undertake the recovery1 protection1 and preservation of the data 7including preliminary survey1 or other investigation as needed1 and analysis and publication of the reports resulting from the investigation72 or 7,b7 may1 with funds appropriated for the project1 program1 or activity1 undertake those activities4 7#c7 ,availability of reports4--,copies of reports of any investigations made pursuant to this section shall be submitted to the ,secretary1 who shall make them available to the public for inspection and review4 7b7 ,activity of ,private ,person1 ,association1 or ,public ,entity4-- 7#a7 ,recovery by secretary4--,when any ,federal agency provides financial assistance by loan1 grant1 or otherwise to any private person1 association1 or public entity1 the ,secretary1 if the ,secretary determines that significant scientific1 prehistorical1 historical1 or archeological data might be irrevocably lost or destroyed1 may1 with funds appropriated expressly for this purpose-- 7,a7 conduct1 with the consent of all persons1 associations1 or public entities having a legal interest in the property1 a survey of the affected site2 and 7,b7 undertake the recovery1 protection1 and preservation of the data 7including analysis and publication74 7#b7 ,compensation4--,the ,secretary shall1 unless otherwise agreed to in writing1 compensate any person1 association1 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 land4 #cabejc4 ,survey and recovery by ,secretary 7a7 ,in ,general4--,the ,secretary1 on notification1 in writing1 by any ,federal or ,state agency or appropriate historical or archeological authority that scientific1 prehistorical1 historical1 or archeological data are being or may be irrevocably lost or destroyed by any ,federal or federally assisted or licensed project1 activity1 or program1 shall1 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 project1 activity1 or program-- 7#a7 conduct or cause to be conducted a survey and other investigation of the areas that are or may be affected2 and 7#b7 recover and preserve the data 7including analysis and publication7 that1 in the opinion of the ,secretary1 are not being1 but should be1 recovered and preserved in the public interest4 7b7 ,when ,survey or ,recovery ,not ,required4--,no survey or recovery work shall be required pursuant to this section that1 in the determination of the head of the responsible agency1 would impede ,federal or federally assisted or licensed projects or activities undertaken in connection with any emergency1 including projects or activities undertaken in anticipation of1 or as a result of1 a natural disaster4 7c7 ,initiation of ,survey4--,the ,secretary shall initiate the survey or recovery effort within-- 7#a7 #fj days after notification pursuant to subsection 7a72 or 7#b7 such time as may be agreed on with the head of the agency responsible for funding or licensing the project1 activity1 or program in all other cases4 7d7 ,compensation by ,secretary4--,the ,secretary shall1 unless otherwise agreed to in writing1 compensate any person1 association1 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 land4 #cabejd4 ,progress reports by ,secretary on surveys and work undertaken as result of surveys 7a7 ,progress ,reports to ,funding or ,licensing ,agency4--,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 survey1 in order that there will be as little disruption or delay as possible in the carrying out of the functions of the agency4 ,the survey and recovery programs shall terminate at a time agreed on by the ,secretary and the head of the agency unless extended by agreement4 7b7 ,disposition of ,relics and ,specimens4--,the ,secretary shall consult with any interested ,federal and ,state agencies1 educational and scientific organizations1 private institutions1 and qualified individuals1 with a view to determining the ownership of1 and the most appropriate repository for1 any relics and specimens recovered as a result of any work performed as provided for in this section4 7c7 ,coordination of ,activities4--,the ,secretary shall coordinate all ,federal survey and recovery activities authorized under this chapter4 #cabeje4 ,notice of dam construction 7a7 ,in ,general4--,before any ,federal agency undertakes the construction of a dam1 or issues a license to any private individual or corporation for the construction of a dam1 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 undertaken4 7b7 ,dams ,with ,certain ,detention ,capacity or ,reservoir4--,with respect to any flood water retarding dam that provides fewer than #e1jjj acre-feet of detention capacity1 and with respect to any other type of dam that creates a reservoir of fewer than #dj surface acres1 this section shall apply only when the constructing agency1 in its preliminary surveys1 finds or is presented with evidence that historical or archeological materials exist or may be present in the proposed reservoir area4 #cabejf4 ,administration ,in the administration of this chapter1 the ,secretary may-- 7#a7 enter into contracts or make cooperative agreements with any ,federal or ,state agency1 educational or scientific organization1 or institution1 corporation1 association1 or qualified individual2 7#b7 obtain the services of experts and consultants or organizations of experts and consultants in accordance with section #caji of title #e2 and 7#c7 accept and utilize funds made available for salvage archeological purposes by any private person or corporation or transferred to the ,secretary by any ,federal agency4 #cabejg4 ,assistance to ,secretary by ,federal agencies responsible for construction projects 7a7 ,assistance of ,federal ,agencies4--,to carry out this chapter1 any ,federal agency responsible for a construction project may assist the ,secretary or may transfer to the ,secretary funds as may be agreed on1 but not more than #a percent of the total amount authorized to be appropriated for the project1 except that the #a percent limitation under this section shall not apply if the cost of the project is #ej1jjj or less4 ,the costs of the survey1 recovery1 analysis1 and publication shall be deemed nonreimbursable project costs4 7b7 ,availability of ,appropriations4--,amounts appropriated for purposes of this section shall remain available until expended4 #cabejh4 ,costs for identification1 surveys1 evaluation1 and data recovery with respect to historic property ,notwithstanding section #cabejg7;a7 of this title or any other provision of law-- 7#a7 identification1 surveys1 and evaluation carried out with respect to historic property within project areas may be treated for purposes of any law or rule of law as planning costs of the project and not as costs of mitigation2 7#b7 reasonable costs for identification1 surveys1 evaluation1 and data recovery carried out with respect to historic property within project areas may be charged to ,federal licensees and permittees as a condition to the issuance of the license or permit2 and 7#c7 ,federal agencies1 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 ,senate1 may waive1 in appropriate cases1 the #a percent limitation under section #cabejg7;a7 of this title4 ,division ,c--,american ,antiquities ,chapter #cbja--,policy and ,administrative ,provisions ,sec4 #cbjaja4 ,declaration of national policy4 #cbjajb4 ,powers and duties of ,secretary4 #cbjajc4 ,cooperation with governmental and private agencies and individuals4 #cbjajd4 ,jurisdiction of ,states in acquired land4 #cbjaje4 ,criminal penalties4 #cbjajf4 ,limitation on obligation or expenditure of appropriated amounts4 #cbjaja4 ,declaration of national policy ,it is declared that it is a national policy to preserve for public use historic sites1 buildings1 and objects of national significance for the inspiration and benefit of the people of the ,united ,states4 #cbjajb4 ,powers and duties of ,secretary 7a7 ,in ,general4--,the ,secretary1 acting through the ,director1 for the purpose of effectuating the policy expressed in section #cbjaja of this title1 has the powers and shall perform the duties set out in this section4 7b7 ,preservation of ,data4--,the ,secretary shall secure1 collate1 and preserve drawings1 plans1 photographs1 and other data of historic and archeologic sites1 buildings1 and objects4 7c7 ,survey4--,the ,secretary shall make a survey of historic and archeologic sites1 buildings1 and objects for the purpose of determining which possess exceptional value as commemorating or illustrating the history of the ,united ,states4 7d7 ,investigations and ,researches4--,the ,secretary shall make necessary investigations and researches in the ,united ,states relating to particular sites1 buildings1 and objects to obtain accurate historical and archeological facts and information concerning the sites1 buildings1 and objects4 7e7 ,acquisition of ,property4--,the ,secretary may1 for the purpose of this chapter1 acquire in the name of the ,united ,states by gift1 purchase1 or otherwise any property1 personal or real1 or any interest or estate in property1 title to any real property to be satisfactory to the ,secretary4 ,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 owner4 ,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 property1 unless ,congress has appropriated money that is available for that purpose4 7f7 ,contracts and ,cooperative ,agreements4--,the ,secretary may contract and make cooperative agreements with ,states1 municipal subdivisions1 corporations1 associations1 or individuals1 with proper bond where considered advisable1 to protect1 preserve1 maintain1 or operate any historic or archeologic building1 site1 or object1 or property used in connection with the building1 site1 or object1 for public use1 regardless whether the title to the building1 site1 object1 or property is in the ,united ,states4 ,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 purpose4 7g7 ,protection of ,sites1 ,buildings1 ,objects1 and ,property4--,the ,secretary shall restore1 reconstruct1 rehabilitate1 preserve1 and maintain historic or prehistoric sites1 buildings1 objects1 and property of national historical or archeological significance and where considered desirable establish and maintain museums in connection with the sites1 buildings1 objects1 and property4 7h7 ,tablets ,to ,mark or ,commemorate ,places and ,events4--,the ,secretary shall erect and maintain tablets to mark or commemorate historic or prehistoric places and events of national historical or archeological significance4 7i7 ,operation for ,benefit of ,public4--,the ,secretary may operate and manage historic and archeologic sites1 buildings1 and property acquired under this chapter together with land and subordinate buildings for the benefit of the public and may charge reasonable visitation fees and grant concessions1 leases1 or permits for the use of land1 building space1 roads1 or trails when necessary or desirable either to accommodate the public or to facilitate administration4 ,the ,secretary may grant those concessions1 leases1 or permits and enter into contracts relating to the contracts1 leases1 or permits with responsible persons1 firms1 or corporations without advertising and without securing competitive bids4 7j7 ,corporation ,to ,carry ,out ,duties4--,when the ,secretary determines that it would be administratively burdensome to restore1 reconstruct1 operate1 or maintain any particular historic or archeologic site1 building1 or property donated to the ,united ,states through the ,service1 the ,secretary may cause the restoration1 reconstruction1 operation1 or maintenance to be done by organizing a corporation for that purpose under the laws of the ,district of ,columbia or any ,state4 7k7 ,educational ,program and ,service4--,the ,secretary shall develop an educational program and service for the purpose of making available to the public information pertaining to ,american historic and archeologic sites1 buildings1 and properties of national significance4 ,reasonable charges may be made for the dissemination of any such information4 7l7 ,actions and ,regulations ,necessary ,to ,carry ,out ,chapter4--,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 chapter4 #cbjajc4 ,cooperation with governmental and private agencies and individuals 7a7 ,authorization of ,secretary4--,the ,secretary may cooperate with and may seek and accept the assistance of any ,federal1 ,state1 or local agency1 educational or scientific institution1 patriotic association1 or individual4 7b7 ,technical ,advisory ,committees4--,when the ,secretary considers it necessary1 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 structure4 7c7 ,employment of ,assistance4--,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 purposes4 #cbjajd4 ,jurisdiction of ,states in acquired land ,nothing in this chapter shall be held to deprive any ,state1 or political subdivision of a ,state1 of its civil and criminal jurisdiction in and over land acquired by the ,united ,states under this chapter4 #cbjaje4 ,criminal penalties ,criminal penalties for a violation of a regulation authorized by this chapter are provided by section #ahff of title #ah4 #cbjajf4 ,limitation on obligation or expenditure of appropriated amounts ,notwithstanding any other provision of law1 no funds appropriated or otherwise made available to the ,secretary to carry out subsection 7f7 or 7g7 of section #cbjajb of this title may be obligated or expended-- 7#a7 unless the appropriation of the funds has been specifically authorized by law enacted on or after ,october #cj1 #aiib2 or 7#b7 in excess of the amount prescribed by law enacted on or after ,october #cj1 #aiib4 ,chapter #cbjc--,monuments1 ,ruins1 ,sites1 and ,objects of ,antiquity ,sec4 #cbjcja4 ,national monuments4 #cbjcjb4 ,permits4 #cbjcjc4 ,regulations4 #cbjcja4 ,national monuments 7a7 ,presidential ,declaration4--,the ,president may1 in the ,president's discretion1 declare by public proclamation historic landmarks1 historic and prehistoric structures1 and other objects of historic or scientific interest that are situated on land owned or controlled by the ,federal ,government to be national monuments4 7b7 ,reservation of ,land4--,the ,president may reserve parcels of land as a part of the national monuments4 ,the limits of the parcels shall be confined to the smallest area compatible with the proper care and management of the objects to be protected4 7c7 ,relinquishment to ,federal ,government4--,when an object is situated on a parcel covered by a bona fide unperfected claim or held in private ownership1 the parcel1 or so much of the parcel as may be necessary for the proper care and management of the object1 may be relinquished to the ,federal ,government and the ,secretary may accept the relinquishment of the parcel on behalf of the ,federal ,government4 7d7 ,limitation on ,extension or ,establishment of ,national ,monuments in ,wyoming4--,no extension or establishment of national monuments in ,wyoming may be undertaken except by express authorization of ,congress4 #cbjcjb4 ,permits 7a7 ,authority ,to ,grant ,permit4--,the ,secretary1 the ,secretary of ,agriculture1 or the ,secretary of the ,army may grant a permit for the examination of ruins1 the excavation of archeological sites1 and the gathering of objects of antiquity on land under their respective jurisdictions to an institution that the ,secretary concerned considers properly qualified to conduct the examination1 excavation1 or gathering1 subject to such regulations as the ,secretary concerned may prescribe4 7b7 ,purpose of ,examination1 ,excavation1 or ,gathering4--,a permit may be granted only if-- 7#a7 the examination1 excavation1 or gathering is undertaken for the benefit of a reputable museum1 university1 college1 or other recognized scientific or educational institution1 with a view to increasing the knowledge of the objects2 and 7#b7 the gathering shall be made for permanent preservation in a public museum4 #cbjcjc4 ,regulations ,the ,secretary1 the ,secretary of ,agriculture1 and the ,secretary of the ,army shall make and publish uniform regulations for the purpose of carrying out this chapter4 ,,sec4 #d4 ,,conforming ,,amendments4 7a7 ,title #ah4-- 7#a7 ,in general4--,chapter #ia of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 8 #ahfe4 ,national ,park ,service 87a7 ,violation of ,regulations ,relating to ,use and ,management of ,national ,park ,system ,units4--,a person that violates any regulation authorized by section #ajjgea7;a7 of title #ed shall be imprisoned not more than #f months1 fined under this title1 or both1 and be adjudged to pay all cost of the proceedings4 87b7 ,financial ,disclosure by ,officers or ,employees ,performing ,functions or ,duties ,under ,subchapter ,,iii of ,chapter #ajjg of ,title #ed4--;,an officer or employee of the ,department of the ,interior who is subject to1 and knowingly violates1 section #ajjgcg of title #ed or any regulation prescribed under that section shall be imprisoned not more than one year1 fined under this title1 or both4 87c7 ,offenses ,relating to ,structures and ,vegetation4--,a person that willfully destroys1 mutilates1 defaces1 injures1 or removes any monument1 statue1 marker1 guidepost1 or other structure1 or that willfully destroys1 cuts1 breaks1 injures1 or removes any tree1 shrub1 or plant within a national military park shall be imprisoned not less than #ae days nor more than one year1 fined under this title but not less than #aj for each monument1 statue1 marker1 guidepost1 or other structure1 tree1 shrub1 or plant that is destroyed1 defaced1 injured1 cut1 or removed1 or both4 87d7 ,trespassing in a ,national ,military ,park ,to ,hunt or ,shoot4--,an individual who trespasses in a national military park to hunt or shoot1 or hunts game of any kind in a national military park with a gun or dog1 or sets a trap or net or other device in a national military park to hunt or catch game of any kind1 shall be imprisoned not less than #e nor more than #cj days1 fined under this title1 or both4 8 #ahff4 ,historic1 archeologic1 or prehistoric items and antiquities 87a7 ,violation of ,regulations ,authorized by ,chapter #cbja of ,title #ed4--;,a person that violates any of the regulations authorized by chapter #cbja of title #ed shall be fined under this title and be adjudged to pay all cost of the proceedings4 87b7 ,appropriation of1 ,injury to1 or ,destruction of ,historic or ,prehistoric ,ruin or ,monument or ,object of ,antiquity4--,a person that appropriates1 excavates1 injures1 or destroys any historic or prehistoric ruin or monument or any other object of antiquity that is situated on land owned or controlled by the ,federal ,government without the permission of the head of the ,federal agency having jurisdiction over the land on which the object is situated1 shall be imprisoned not more than #ij days1 fined under this title1 or both40 4 7#b7 ,table of contents4--,the table of contents of chapter #ia of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 8#ahfe4 ,national ,park ,service4 8#ahff4 ,historic1 archeologic1 or prehistoric items and antiquities404 7b7 ,title #bh4-- 7#a7 ,in general4--,part ,,vi of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 8,,chapter #aij--,,miscellaneous 8,sec4 8#ejja4 ,civil action for death or personal injury in a place subject to exclusive jurisdiction of ,united ,states4 8 #ejja4 ,civil action for death or personal injury in a place subject to exclusive jurisdiction of ,united ,states 87a7 ,death4--,in the case of the death of an individual by the neglect or wrongful act of another in a place subject to the exclusive jurisdiction of the ,united ,states within a ,state1 a right of action shall exist as though the place were under the jurisdiction of the ,state in which the place is located4 87b7 ,personal ,injury4--,in a civil action brought to recover on account of an injury sustained in a place described in subsection 7a71 the rights of the parties shall be governed by the law of the ,state in which the place is located40 4 7#b7 ,table of contents4--,the table of contents of part ,,vi of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 8#aij4 ,miscellaneous #ejja04 7c7 ,act of ,may #bf1 #bjjj4--,section #a of ,public ,law #ajf-bjf 7#aad ,stat4 #cad7 is amended to read as follows3 8,,section #a4 ,,commercial ,,filming4 87a7 ,commercial ,filming ,fee4-- 87#a7 ,in general4--,the ,secretary of the ,interior or the ,secretary of ,agriculture 7hereafter individually referred to as the #8,secretary' with respect to land 7except land in a ,system unit as defined in section #ajjajb of title #ed1 ,united ,states ,code7 under their respective jurisdictions7 shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects on ,federal land administered by the ,secretary4 ,the fee shall provide a fair return to the ,united ,states and shall be based on the following criteria3 87,a7 ,the number of days the filming activity or similar project takes place on ,federal land under the ,secretary's jurisdiction4 87,b7 ,the size of the film crew present on ,federal land under the ,secretary's jurisdiction4 87,c7 ,the amount and type of equipment present4 87#b7 ,other factors4--,the ,secretary may include other factors in determining an appropriate fee as the ,secretary considers necessary4 87b7 ,recovery of ,costs4--,the ,secretary shall collect any costs incurred as a result of filming activities or similar project1 including administrative and personnel costs4 ,all costs recovered shall be in addition to the fee assessed in subsection 7a74 87c7 ,still ,photography4-- 87#a7 ,in general4--,except as provided in paragraph 7#b71 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 allowed4 ,the ,secretary may require a permit1 fee1 or both1 if such photography takes place at other locations where members of the public are generally not allowed1 or where additional administrative costs are likely4 87#b7 ,exception4--,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 facilities4 87d7 ,protection of ,resources4--,the ,secretary shall not permit any filming1 still photography or other related activity if the ,secretary determines that-- 87#a7 there is a likelihood of resource damage2 87#b7 there would be an unreasonable disruption of the public's use and enjoyment of the site2 or 87#c7 the activity poses health or safety risks to the public4 87e7 ,use of ,proceeds4-- 87#a7 ,fees4--,all fees collected under this section shall be available for expenditure by the ,secretary1 without further appropriation and shall remain available until expended4 87#b7 ,costs4--,all costs recovered under this section shall be available for expenditure by the ,secretary1 without further appropriation1 at the site where the costs are collected and shall remain available until expended4 87f7 ,processing of ,permit ,applications4--,the ,secretary shall establish a process to ensure that the ,secretary responds in a timely manner to permit applicants for commercial filming1 still photography1 or other activity40 4 7d7 ,public ,law #aaa-bd4--,section #eab of ,public ,law #aaa-bd 7#abc ,stat4 #agfd7 is amended to read as follows3 8,,sec4 #eab4 ,,protection ,,of ,,right ,,of ,,individuals ,,to ,,bear ,,arms 87a7 ,congressional ,findings4--,congress finds the following3 87#a7 ,the #b;d amendment to the ,constitution provides that #8the right of the people to keep and bear ,arms1 shall not be infringed'4 87#b7 ,section #bg4db of title #ej1 ,code of ,federal ,regulations1 provides that1 except in special circumstances1 citizens of the ,united ,states may not #8possess1 use1 or transport firearms on national wildlife refuges' of the ,united ,states ,fish and ,wildlife ,service4 87#c7 ,the regulations described in paragraph 7#b7 prevent individuals complying with ,federal and ,state laws from exercising the #b;d amendment rights of the individuals while at units of the ,national ,wildlife ,refuge ,system4 87#d7 ,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 ,system4 87#e7 ,although the ,bush administration issued new regulations relating to the #b;d amendment rights of law-abiding citizens in units of the ,national ,wildlife ,refuge ,system that went into effect on ,january #i1 #bjji-- 87,a7 on ,march #ai1 #bjji1 the ,united ,states ,district ,court for the ,district of ,columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations2 and 87,b7 the new regulations-- 87i7 are under review by the ,obama administration2 and 87ii7 may be altered4 87#f7 ,congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the #b;d amendment rights of law-abiding citizens on #ij1gij1jjj acres of land under the jurisdiction of the ,united ,states ,fish and ,wildlife ,service4 87#g7 ,federal laws should make it clear that the #b;d amendment rights of an individual at a unit of the ,national ,wildlife ,refuge ,system should not be infringed4 87b7 ,protection of ,right of ,individuals ,to ,bear arms in ,units of the ,national ,wildlife ,refuge ,system4--,the ,secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm1 including an assembled or functional firearm1 in any unit of the ,national ,wildlife ,refuge ,system if-- 87#a7 the individual is not otherwise prohibited by law from possessing the firearm2 and 87#b7 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 located40 4 ,,sec4 #e4 ,,conforming ,,cross-,,references4 7a7 ,title #g1 ,united ,states ,code4--,section #cb7;e7 of the ,bankhead-,jones ,farm ,tenant ,act 7#g ,u4,s4,c4 #ajaa7;e77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#gh ,stat4 #hig70 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7b7 ,title #aj1 ,united ,states ,code4--,section #bfhd7;c77#a7 of title #aj1 ,united ,states ,code1 is amended by striking 8section #aja7;a7 of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;a7a770 and substituting 8section #bjbc4ja of title #ed04 7c7 ,title #ae1 ,united ,states ,code4--,section #ajgb7;a77#c77;,d7 of the ,alaska ,natural ,gas ,pipeline ,act 7#ae ,u4,s4,c4 #gbj7;a77#c77;,d77 is amended by striking 8the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq470 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7d7 ,title #af1 ,united ,states ,code4-- 7#a7 ,section #f of ,public ,law #hi-gb 7#af ,u4,s4,c4 #dfjl-#ag7 is amended-- 7,a7 in subsection 7a71 by striking 8subsection #e7;d7 of the ,land and ,water ,conservation ,fund ,act of #aife 7#gh ,stat4 #hig70 and substituting 8section #bjjcje7;d7 of title #ed1 ,united ,states ,code02 and 7,b7 in subsection 7g71 by striking 8,subsection #f7;a77#b7 of the ,land and ,water ,development ,fund ,act of #aife 7#gh ,stat4 #hig70 and substituting 8section #bjjcjf7;a77#c7 of title #ed1 ,united ,states ,code104 7#b7 ,section #h of ,public ,law #ij-edj 7#af ,u4,s4,c4 #dfjv-#g7 is amended by striking 8section #f of the ,act of ,september #c1 #aifd 7#gh ,stat4 #hig1 #ijc70 and substituting 8section #bjjcjf of title #ed1 ,united ,states ,code04 7#c7 ,section #g7;c7 of the ,springs ,mountain ,national ,recreation ,area ,act 7#af ,u4,s4,c4 #dfj;hhh-#e7;c77 is amended by striking 8section #g of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#i70 and substituting 8section #ajjejf of title #ed1 ,united ,states ,code04 7#d7 ,section #e7;b7 of ,public ,law #ajc-fd 7#af ,u4,s4,c4 #dfj;iii-#d7;b77 is amended by striking 8section #g7;a7 of the ,land and ,water ,conservation ,fund ,act of #aifd 7#af ,u4,s4,c4 #dfjl-#i7;a770 and substituting 8section #bjjcjf7;a7 of title #ed1 ,united ,states ,code04 7#e7 ,section #gjb7;a7 of the ,steens ,mountain ,cooperative ,management and ,protection ,act of #bjjj 7#af ,u4,s4,c4 #dfjnnn-#abb7;a77 is amended by striking 8section #b of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#e70 and substituting 8section #bjjcjb of title #ed1 ,united ,states ,code104 7#f7 ,section #d of the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;cc7 is amended-- 7,a7 in subsection 7h7-- 7i7 in paragraph 7#a71 by striking 8the ,act of ,june #h1 #aijf 7#af ,u4,s4,c4 #dca-dcc70 and substituting 8chapter #cbjc of title #ed1 ,united ,states ,code02 and 7ii7 in paragraph 7#b71 by striking 8the ,act of ,june #h1 #aijf0 each place it appears and substituting 8chapter #cbjc of title #ed1 ,united ,states ,code02 and 7,b7 in subsection 7i71 by striking 8section #ajf of the ,act of ,october #ae1 #aiff 7#hj ,stat4 #iag1 #af ,u4,s4,c4 #dgj;f70 and substituting 8section #cjfajh of title #ed1 ,united ,states ,code04 7#g7 ,section #e of the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;dd7 is amended by striking 8the ,act of ,june #bg1 #aifj 7#af ,u4,s4,c4 #dfi-dfi;c7 or the ,act of ,june #h1 #aijf 7#af ,u4,s4,c4 #dca-dcc70 and substituting 8chapter #cabe or chapter #cbjc of title #ed1 ,united ,states ,code04 7#h7 ,section #i7;a77#b7 of the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;hh7a77#b77 is amended by striking 8the ,act of ,june #bg1 #aifj 7#af ,u4,s4,c4 #dfi-dfi;c70 and substituting 8chapter #cabe of title #ed1 ,united ,states ,code04 7#i7 ,section #fcaa7a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #dgj;aaa-#aj7a77 is amended by striking 8,public ,law #id-dbi 7commonly known as the #8,mining in the ,parks ,act' 7#af ,u4,s4,c4 #aija et seq470 and substituting 8subchapter #c of chapter #ajjg of title #ed1 ,united ,states ,code04 7#aj7 ,section #ejb7;h77#a77;,b7 of the ,national ,parks and ,recreation ,act of #aiih 7#af ,u4,s4,c4 #dga;i7h77#a77;,b77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#aa7 ,section #cci7;f77#d77;,h7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjjj 7,public ,law #ajf-aac1 div4 ,b1 #ajjj7;a77#c71 title ,,iii1 #af ,u4,s4,c4 #ebh note71 is amended by striking 8,section #d of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#f;a70 and substituting 8,section #ajjijd of title #ed1 ,united ,states ,code04 7#ab7 ,section #f7;d7 of the ,alaska ,land ,status ,technical ,corrections ,act of #aiib 7,public ,law #ajb-dae1 #af ,u4,s4,c4 #eci note7 is amended by striking 8section #g of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#i70 and substituting 8section #ajjejf of title #ed1 ,united ,states ,code04 7#ac7 ,section #b7;b7 of the ,greer ,spring ,acquisition and ,protection ,act of #aiia 7,public ,law #ajb-bbj1 #af ,u4,s4,c4 #eci;h note7 is amended by striking 8section #g of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#i70 and substituting 8section #ajjejf of title #ed1 ,united ,states ,code04 7#ad7 ,section #fjf of the ,interstate #ij ,land ,exchange ,act of #aiih 7,public ,law #aje-bgg1 div4 ,a1 #aja7;e71 title ,,vi1 #af ,u4,s4,c4 #ecik note7 is amended-- 7,a7 in subsection 7a77#c71 by striking 8section #g of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#i70 and substituting 8section #ajjejf of title #ed1 ,united ,states ,code102 7,b7 in subsection 7b77#b71 by striking 8the ,national ,historic ,preservation ,act0 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code02 and 7,c7 in subsection 7g77#a71 by striking 8the ,national ,historic ,preservation ,act0 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code104 7#ae7 ,section #f of ,public ,law #ic-ece 7#af ,u4,s4,c4 #eda;e7 is amended by striking 8clause #g7;a77#a7 of the ,act of ,september #c1 #aifd 7#gh ,stat4 #ijc71 as amended0 and substituting 8section #bjjcjf7;a77#b7 of title #ed1 ,united ,states ,code04 7#af7 ,section #ad7;e77#c77;,d77iii7 of the ,columbia ,river ,gorge ,national ,scenic ,area ,act 7#af ,u4,s4,c4 #eddl7e77#c77;,d77iii77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#d through #aa70 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code104 7#ag7 ,section #af7;a77#a7 of the ,columbia ,river ,gorge ,national ,scenic ,area ,act 7#af ,u4,s4,c4 #eddn7a77#a7 is amended by striking 8the ,land and ,water ,conservation ,fund 7#af ,u4,s4,c4 #dfjl-#d and following70 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code104 7#ah7 ,section #c7;b7 of the ,saint ,helena ,island ,national ,scenic ,area ,act 7#af ,u4,s4,c4 #edf;a7b77 is amended by striking 8section #h of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#i70 and substituting 8section #ajjejf of title #ed1 ,united ,states ,code04 7#ai7 ,section #f7;a7 of the ,act of ,june #bb1 #aidh 7known as the ,thye-,blatnik ,act7 7#af ,u4,s4,c4 #egg;h7a77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act 7#gh ,stat4 #hig71 as amended0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#bj7 ,section #ajd7;f7 of the ,valles ,caldera ,preservation ,act 7#af ,u4,s4,c4 #fhhv-#b7;f77 is amended by striking 8section #g of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#i70 and substituting 8section #ajjejf of title #ed1 ,united ,states ,code04 7#ba7 ,section #d7;a77#c7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;a77#c77 is amended-- 7,a7 by striking 8the ,act of ,august #be1 #aiaf0 and substituting 8section #ajjaja7;b77#a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja of title #ed1 ,united ,states ,code02 and 7,b7 by striking 8the ,act of ,june #h1 #aijf 7#cd ,stat4 #bbe2 #af ,u4,s4,c4 #dcb et seq72 section #c7b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7b772 and the ,act of ,august #ba1 #aice 7#di ,stat4 #fff2 #af ,u4,s4,c4 #dfa et seq470 and substituting 8section #c7b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7b772 and chapters #cbja and #cbjc of title #ed1 ,united ,states ,code04 7#bb7 ,section #e of ,public ,law #ij-ded 7#af ,u4,s4,c4 #abbe7 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#gh ,stat4 #hig70 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#bc7 ,section #g7;h77#a7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abdf7;h77#a7 is amended by striking 8the ,volunteers in the ,parks ,act of #aifi0 and substituting 8section #ajbcja of title #ed1 ,united ,states ,code104 7#bd7 ,section #h7;a7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abdg7;a77 is amended-- 7,a7 by striking 8the ,land and ,water ,conservation ,fund ,act0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code02 7,b7 by striking 8the ,act of ,october #ae1 #aiff 7#hj ,stat4 #iae71 as amended0 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code02 and 7,c7 by striking 8the ,act of ,may #bh1 #aifc 7#gg ,stat4 #di0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#be7 ,section #i7;e77#c7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abdh 7e77#c77 is amended by striking 8section #b of the ,land and ,water ,conservation ,fund ,act of #aife0 and substituting 8section #bjjcjb of title #ed1 ,united ,states ,code04 7#bf7 ,section #aj7;a77#a7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abdi7;a77#a77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act 7#gh ,stat4 #hig71 as amended0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#bg7 ,section #aa7;a77#b7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abej7;a77#b77 is amended-- 7,a7 by striking 8the ,volunteers in the ,parks ,act of #aifi0 and substituting 8section #ajbcja of title #ed1 ,united ,states ,code02 and 7,b7 by striking 8section #f of the ,land and ,water ,conservation ,fund ,act of #aife0 and substituting 8#bjjcje of title #ed1 ,united ,states ,code04 7#bh7 ,section #ab7d7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abea7d77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code104 7#bi7 ,section #b7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgc7;a77 is amended by striking 8the ,land and ,water ,conservation ,act of #aife0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code104 7#cj7 ,section #g7;d7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgh7;d77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#ca7 ,section #aa of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abhb7 is amended-- 7,a7 in subsection 7a71 by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#gh ,stat4 #hig0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code02 and 7,b7 in subsection 7b77#b7-- 7i7 in subparagraph 7,a71 by striking 8the ,volunteers in the ,parks ,act of #aifi0 and substituting 8section #ajbcja of title #ed1 ,united ,states ,code102 and 7ii7 in subparagraph 7,b71 by striking 8the ,land and ,water ,conservation ,fund ,act of #aife0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#cb7 ,section #e7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecd7;b7 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife1 as amended0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#cc7 ,section #hae7d7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cabe7d70 is amended-- 7,a7 by striking 8the ,national ,park ,service ,organic ,act 7#ci ,stat4 #ece1 #af ,u4,s4,c4 #a1 #b1 #c1 #d70 and substituting 8section #ajjaja7;b77#a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja of title #ed1 ,united ,states ,code02 and 7,b7 by adding 8or such title0 after 8such ,acts04 7#cd7 ,section #f7;a77#f77;,c7 of the ,coastal ,barrier ,act of #aifh 7#af ,u4,s4,c4 #ceje7;a77#f77;,c77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#d through #aa70 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code104 7#ce7 ,section #aa of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgaj7 is amended by striking 8,public ,law #ij-bji 7#af ,u4,s4,c4 #ai;e et seq470 and substituting 8subchapter ,,ii of chapter #ajaa of title #ed1 ,united ,states ,code04 7#cf7 ,section #hje7;f77#a7 of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjd7;f77#a77 is amended-- 7,a7 by striking 87#af ,u4,s4,c4 #dfjl-#f;a702 and 7,b7 by striking 82 #af ,u4,s4,c4 #eiia-eiie04 7#cg7 ,section #hac of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhab7 is amended-- 7,a7 in subsection 7,a71 by striking 87#af ,u4,s4,c4 #dfjl-#f;a et seq4702 7,b7 in subsection 7b71 by striking 82 #af ,u4,s4,c4 #dfjl-#f;a02 7,c7 in subsection 7c7-- 7i7 in paragraph 7#a71 by striking 82 #af ,u4,s4,c4 #eihb02 and 7ii7 in paragraph 7#b71 by striking 82 #af ,u4,s4,c4 #eiia-eiie02 and 7,d7 in subsection 7e7-- 7i7 in paragraph 7#a71 by striking 87#af ,u4,s4,c4 #dfjl-#f;a7i77#a7702 7ii7 in paragraph 7#b71 by striking 82 #af ,u4,s4,c4 #eiia-eiie02 and 7iii7 in paragraph 7#c71 by striking 82 #af ,u4,s4,c4 #dfjl-#f;a04 7e7 ,title #bj1 ,united ,states ,code4-- 7#a7 ,section #b of the ,act of ,august #ae1 #aidi 7#bj ,u4,s4,c4 #gh;a7 is amended by striking 8the ,act of ,june #h1 #aijf 7#af ,u4,s4,c4 #dcb1 #dcc70 and substituting 8section #ahff7;b7 of title #ah1 ,united ,states ,code1 and sections #cbjcjb and #cbjcjc of title #ed1 ,united ,states ,code04 7#b7 ,section #aeag7;a77#c7 of the ,american ,indian1 ,alaska ,native1 and ,native ,hawaiian ,culture and ,art ,development ,act 7#bj ,u4,s4,c4 #ddbd7;a77#c77 is amended by striking 8the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq470 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code04 7#c7 ,section #gbjb7ac77;,e7 of the ,native ,hawaiian ,education ,act 7#bj ,u4,s4,c4 #geab7ac77;,d77 is amended by striking 8 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq470 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code04 7f7 ,title #bc1 ,united ,states ,code4-- 7#a7 ,section #ajc7;c77#e7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,b77i71 by striking 8section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f70 and substituting 8section #cjfajh of title #ed02 and 7,b7 in subparagraph 7,c71 by striking 8section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f70 and substituting 8section #cjfajh of title #ed04 7#b7 ,section #ach7;b77#b77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking 8section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f70 and substituting 8section #cjfajh of title #ed04 7#c7 ,section #bjf of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7d77#a77;,b71 by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#d et seq470 and substituting 8chapter #bjjc of title #ed02 7,b7 in subsection 7d77#b77;,d77ii71 by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#d et seq470 and substituting 8chapter #bjjc of title #ed02 and 7,c7 in subsection 7h77#c71 by striking 8section #f7;f77#c7 of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#h7;f77#c770 and substituting 8section #bjjcje7;f77#c7 of title #ed04 7g7 ,title #be1 ,united ,states ,code4--,section #eji7;a7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #deh;aaa-#h7;a77 is amended by striking 8the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;et seq470 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code04 7h7 ,title #bf1 ,united ,states ,code4--,section #iejc7;c77#c77;,a77i7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #iejc7;c77#c77;,a77i77 is amended by striking 8title ,i of the ,land and ,water ,conservation ,fund ,act of #aife0 and substituting 8chapter #bjjc of title #ed04 7i7 ,title #cf1 ,united ,states ,code4--,section #aeceac7;a77#a7 of title #cf1 ,united ,states ,code1 is amended by striking 8the ,act of ,august #be1 #aiaf 7#af ,u4,s4,c4 #a et seq47 7known as the ,national ,park ,service ,organic ,act70 and substituting 8section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja of title #ed1 ,united ,states ,code04 7j7 ,title #dj1 ,united ,states ,code4-- 7#a7 ,section #edi7;c77#c77;,b77ix7 of title #dj1 ,united ,states ,code1 is amended-- 7,a7 by striking 8section #cjh7;e77#b7 of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgjw-#g7;e77#b770 and substituting 8section #cjeaja7d7 of title #ed02 and 7,b7 by striking 8subsection 7b7 of that section0 and substituting 8section #cjeajc of title #ed04 7#b7 ,section #eej7;h77#a77;,b7 of title #dj1 ,united ,states ,code1 is amended by striking 8section #c of the ,act of ,august #ba1 #aice 7#af ,u4,s4,c4 #dfc7 7known as the ,historic ,sites1 ,buildings1 and ,antiquities ,act70 and substituting 8section #ajbcjc of title #ed04 7#c7 ,section #acjc7;c7 of title #dj1 ,united ,states ,code1 is amended by striking 8the ,act of ,august #ba1 #aice 7#af ,u4,s4,c4 #dfa et seq47 7known as the ,historic ,sites1 ,buildings1 and ,antiquities ,act70 and substituting 8chapter #cbja of title #ed04 7#d7 ,section #acad7;a77#b77;,a77ii7 of title #dj1 ,united ,states ,code1 is amended by striking 8the ,act of ,august #be1 #aiaf 7#af ,u4,s4,c4 #a1 #b1 #c1 #d7 7known as the ,national ,park ,service ,organic ,act70 and substituting 8section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja of title #ed04 7#e7 ,section #ccjc7;c7 of title #dj1 ,united ,states ,code1 is amended by striking 8title ,,ii of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;i et seq470 and substituting 8section #cjdaja of title #ed04 7#f7 ,section #ccjf7;a77#d7 of title #dj1 ,united ,states ,code1 is amended by striking 8section #aja of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;a70 and substituting 8chapter #cjba of title #ed04 7#g7 ,section #adejg7;a77#a77;,a77ii7 of title #dj1 ,united ,states ,code1 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#d et seq470 and substituting 8chapter #bjjc of title #ed04 7k7 ,title #db1 ,united ,states ,code4-- 7#a7 ,section #cjc7b7 of the ,water ,resources ,planning ,act 7#db ,u4,s4,c4 #aifb;c-#b7b77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#b7 ,section #bjh7b7 of the ,demonstration ,cities and ,metropolitan ,development ,act of #aiff 7#db ,u4,s4,c4 #ccch7b77 is amended by striking 8section #e7;e7 of the ,land ,and ,water ,conservation ,fund ,act of #aife0 and substituting 8section #bjjcje7;e7 of title #ed1 ,united ,states ,code04 7#c7 ,section #e7;c7 of the ,department of ,housing and ,urban ,development ,act 7#db ,u4,s4,c4 #cecd7;c77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#gh ,stat4 #hig70 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code104 7#d7 ,section #aba of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecbj7 is amended-- 7,a7 by amending subsection 7a7 to read as follows3 87a7 ,with respect to applications for assistance under section #ecah of this title1 the ,secretary of the ,interior1 after consulting with the ,secretary1 shall prescribe and implement regulations concerning projects funded under section #ecah of this title and their relationship with division ,a of subtitle ,,iii and chapter #cabe of title #ed1 ,united ,states ,code40 2 and 7,b7 in subsection 7c71 by striking 8section #ajf of the ,act referred to in subsection 7a77#a70 and substituting 8section #cjfajh of title #ed1 ,united ,states ,code104 7#e7 ,section #ejd7;c77#b7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abbjd7;c77#b77 is amended by striking 8the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq470 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code04 7#f7 ,section #iii;,h7c77#b7 of the ,energy ,policy ,act of #bjje ,energy ,research1 ,development1 ,demonstration1 and ,commercial ,application ,act of #bjje 7#db ,u4,s4,c4 #afcgh7;c77#b77 is amended-- 7,a7 in subparagraph 7,b71 by striking 8section #b7;c7 of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#e7;c770 and substituting 8section #bjjcjb7;c7 of title #ed1 ,united ,states ,code02 and 7,b7 in subparagraph 7,c71 by striking 8section #ajh of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;h70 and substituting 8chapter #cjca of title #ed1 ,united ,states ,code04 7l7 ,title #dc1 ,united ,states ,code4-- 7#a7 ,the second paragraph under the heading 8administrative provisions0 under the heading 8,bureau of ,reclamation0 7#dc ,u4,s4,c4 #cgg;b7 is amended by striking 8the ,acts of ,august #ba1 #aice 7#af ,u4,s4,c4 #dfa-dfg7 and ,june #bg #aifj 7#af ,u4,s4,c4 #dfi70 and substituting 8chapters #cabe and #cbja of title #ed1 ,united ,states ,code04 7#b7 ,section #aje of the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7,public ,law #aji-dcb1 div4 ,c1 title ,i1 #dc ,u4,s4,c4 #acca note7 is amended-- 7,a7 in subsection 7a77#b77;,b7-- 7i7 by striking 8section #f of the ,land ,and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#h70 and substituting 8section #bjjcje of title #ed1 ,united ,states ,code02 and 7ii7 by striking 8section #b of that ,act 7#af ,u4,s4,c4 #dfjl-#e70 and substituting 8section #bjjcjb of that title02 and 7,b7 in subsection 7e77#c77;,b71 by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#d et seq470 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#c7 ,section #adja7;b7 of the ,omnibus ,budget ,reconciliation ,act of #aiha 7#dc ,u4,s4,c4 #adeg;a7b77 is amended-- 7,a7 by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#gh ,stat2 #hig2 #af ,u4,s4,c4 #dfjz70 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code02 7,b7 by striking 8the ,national ,historic ,preservation ,act of #aiff 7#hj ,stat4 #iae2 #af ,u4,s4,c4 #dgj70 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code02 and 7,c7 by striking 8the ,urban ,park and ,recreation ,recovery ,act of #aigh 7#ib ,stat4 #cech2 #af ,u4,s4,c4 #beja1 et seq470 and substituting 8chapter #bjje of title #ed1 ,united ,states ,code04 7#d7 ,the paragraph under the heading 8natural resource damage assessment and restoration fund0 under the heading 8,united ,states ,fish and ,wildlife ,service0 in ,public ,law #ajc-ach 7#dc ,u4,s4,c4 #adgd;b-#a7 is omitted by striking 8the ,act of ,july #bg1 #aiij 7,public ,law #aja-ccg70 and substituting 8subchapter ,,ii of chapter #ajjg of title #ed1 ,united ,states ,code104 7#e7 ,section #g7;e77#c7 of the ,colorado ,river ,floodway ,protection ,act 7#dc ,u4,s4,c4 #afjj;e7e77#c77 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#d through #aa70 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#f7 ,section #bjb7;c77#i7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7;c77#i77 is amended by striking 8the ,act of ,september #c1 #aifd 7#gh ,stat4 #hig71 as amended0 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code04 7#g7 ,section #bjd7;j7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agad7;j77 is amended by striking 8the ,act of ,june #h1 #aijf 7#cd ,stat4 #bbe2 #af ,u4,s4,c4 #dca-dcc70 and substituting 8chapter #cbjc of title #ed1 ,united ,states ,code04 7#h7 ,section #bja7;d77#c77;,e7 of the ,consolidated ,natural ,resources ,act of #bjjh 7#dc ,u4,s4,c4 #aghf7;d77#c77;,e77 is amended by striking 8the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq470 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code104 7#i7 ,section #bjf of the ,federal ,land ,transaction ,facilitation ,act 7#dc ,u4,s4,c4 #bcje7 is amended-- 7,a7 in subsection 7e71 by striking 8the ,land and ,water ,conservation ,fund ,act 7#af ,u4,s4,c4 #dfjl-#d et seq470 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code02 and 7,b7 in subsection 7f77#b71 by striking 8section #c of the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#f70 and substituting 8section #bjjcjc of title #ed1 ,united ,states ,code04 7m7 ,title #de1 ,united ,states ,code4-- 7#a7 ,section #aafh7;a7 of the ,omnibus ,budget ,reconciliation ,act of #aiha 7#de ,u4,s4,c4 #aaaa7;a77 is amended by striking 8the ,national ,historic ,preservation ,act0 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code04 7#b7 ,section #fac7;a7 of the ,alaska ,railroad ,transfer ,act of #aihb 7#de ,u4,s4,c4 #abab7;a77 is amended by striking 8the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq470 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code04 7n7 ,title #df1 ,united ,states ,code4--,section #acajb7;b77#b7 of title #df1 ,united ,states ,code1 is amended by striking 8the ,land and ,water ,conservation ,fund ,act of #aife 7#af ,u4,s4,c4 #dfjl-#d--dfj-aa70 and substituting 8chapter #bjjc of title #ed1 ,united ,states ,code104 7o7 ,title #dh1 ,united ,states ,code4-- 7#a7 ,section #aje7l7 of ,public ,law #ii-bci 7known as the ,compact of ,free ,association ,amendments ,act of #bjjc7 7#dh ,u4,s4,c4 #aije7l77 is amended by striking 8the ,national ,historic ,preservation ,act 7#hj ,stat4 #iae2 #af ,u4,s4,c4 #dgj-dgjt70 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code04 7#b7 ,section #aje7;j7 of ,public ,law #ajh-ahh 7known as the ,compact of ,free ,association ,act of #aihe7 7#dh ,u4,s4,c4 #aiba7;d77 is amended by striking 8the ,national ,historic ,preservation ,act 7#hj ,stat4 #iae2 #af ,u4,s4,c4 #dgj-dgjt70 and substituting 8division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code04 7p7 ,title #di1 ,united ,states ,code4--,section #cjc7;d77#b7 of title #di1 ,united ,states ,code1 is amended by striking 8section #ajf of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj;f70 and substituting 8section #cjfajh of title #ed1 ,united ,states ,code04 ,,sec4 #f4 ,,transitional ,,and ,,savings ,,provisions4 7a7 ,definitions4--,in this section3 7#a7 ,source provision4--,the term 8source provision0 means a provision of law that is replaced by a title #ed provision4 7#b7 ,title #ed provision4--,the term 8title #ed provision0 means a provision of title #ed1 ,united ,states ,code1 that is enacted by section #c4 7b7 ,cutoff ,date4--,the title #ed provisions replace certain provisions of law enacted on or before ,january #ae1 #bjac4 ,if a law enacted after that date amends or repeals a source provision1 that law is deemed to amend or repeal1 as the case may be1 the corresponding title #ed provision4 ,if a law enacted after that date is otherwise inconsistent with a title #ed provision or a provision of this ,act1 that law supersedes the title #ed provision or provision of this ,act to the extent of the inconsistency4 7c7 ,original ,date of ,enactment ,unchanged4--,for purposes of determining whether one provision of law supersedes another based on enactment later in time1 a title #ed provision is deemed to have been enacted on the date of enactment of the source provision that the title #ed provision replaces4 7d7 ,references to ,title #ed ,provisions4--,a reference to a title #ed provision is deemed to refer to the corresponding source provision4 7e7 ,references to ,source ,provisions4--,a reference to a source provision1 including a reference in a regulation1 order1 or other law1 is deemed to refer to the corresponding title #ed provision4 7f7 ,regulations1 ,orders1 and ,other ,administrative ,actions4--,a regulation1 order1 or other administrative action in effect under a source provision continues in effect under the corresponding title #ed provision4 7g7 ,actions ,taken and ,offenses ,committed4--,an action taken or an offense committed under a source provision is deemed to have been taken or committed under the corresponding title #ed provision4 ,,sec4 #g4 ,,repeals4 ,the following provisions of law are repealed1 except with respect to rights and duties that matured1 penalties that were incurred1 or proceedings that were begun before the date of enactment of this ,act3,schedule of ,laws ,repealed ,act,section,united ,states ,code ,former ,classification ,act of ,february #ae1 #aija 7ch4 #cgb relating to ,system units7#af ,u4,s4,c4 #gi ,act of ,june #h1 #aijf 7ch4 #cjfj7aaf ,u4,s4,c4 #dcc #baf ,u4,s4,c4 #dca #caf ,u4,s4,c4 #dcb #daf ,u4,s4,c4 #dcb ,act of ,march #d1 #aiaa 7ch4 #bch 7#dth and last paragraphs 7relating to ,system units7 under heading 8,improvement of the ,national ,forest0 under heading 8,forest ,service07#af ,u4,s4,c4 #e ,act of ,august #be1 #aiaf 7ch4 #djh7aaf ,u4,s4,c4 #a #baf ,u4,s4,c4 #b #caf ,u4,s4,c4 #c #daf ,u4,s4,c4 #d ,act of ,june #ab1 #aiag 7ch4 #bg7a 7#bast undesignated paragraph under heading 8national parks07#af ,u4,s4,c4 #deb ,act of ,june #e1 #aibj 7ch4 #bce7a 7#b;d undesignated paragraph under heading 8national parks07#af ,u4,s4,c4 #f ,act of ,may #bd1 #aibb 7ch4 #aii77ast sentence in #ith undesignated paragraph under heading 8,,national ,,parks07#af ,u4,s4,c4 #deb ,act of ,april #i1 #aibd 7ch4 #hf7aaf ,u4,s4,c4 #h #daf ,u4,s4,c4 #h;a #eaf ,u4,s4,c4 #h;b #faf ,u4,s4,c4 #h;c ,act of ,may #aj1 #aibf 7ch4 #bgg7a 7#bhth undesignated paragraph under heading 8,,national ,,parks07#af ,u4,s4,c4 #def #a 7last undesignated paragraph under heading 8,,national ,,parks07#af ,u4,s4,c4 #aa ,act of ,june #aa1 #aibf 7ch4 #eee7aaf ,u4,s4,c4 #dee #baf ,u4,s4,c4 #dee;a #caf ,u4,s4,c4 #dee;b #daf ,u4,s4,c4 #dee;c ,act of ,july #c1 #aibf 7ch4 #gib7aaf ,u4,s4,c4 #ab #baf ,u4,s4,c4 #ac ,act of ,february #a1 #aibh 7ch4 #ae7af ,u4,s4,c4 #deg ,act of ,march #g1 #aibh 7ch4 #acg7a 7#bhth undesignated paragraph under heading 8,,national ,,park ,,service07#af ,u4,s4,c4 #ae ,act of ,march #h1 #aibh 7ch4 #aeb7af ,u4,s4,c4 #deh ,act of ,april #ah1 #aicj 7ch4 #ahg7af ,u4,s4,c4 #af ,act of ,may #bf1 #aicj 7ch4 #cbd7aaf ,u4,s4,c4 #ag #caf ,u4,s4,c4 #ag;b #daf ,u4,s4,c4 #ag;c #eaf ,u4,s4,c4 #ag;d #faf ,u4,s4,c4 #ag;e #gaf ,u4,s4,c4 #ag;f #haf ,u4,s4,c4 #ag;g #iaf ,u4,s4,c4 #ag;h #ajaf ,u4,s4,c4 #ag;i #aaaf ,u4,s4,c4 #ag;j ,act of ,march #d1 #aica 7ch4 #ebb7title ,i 7proviso in last undesignated paragraph under heading 8national park service07#af ,u4,s4,c4 #i;a ,act of ,march #b1 #aicc 7ch4 #ahj7aaf ,u4,s4,c4 #i;a ,act of ,may #i1 #aice 7ch4 #aja7a 7#cdth undesignated paragraph under heading 8,,national ,,park ,,service07#af ,u4,s4,c4 #ad;b1 #def;a ,act of ,august #ba1 #aice 7ch4 #eic7aaf ,u4,s4,c4 #dfa #baf ,u4,s4,c4 #dfb #caf ,u4,s4,c4 #dfc #daf ,u4,s4,c4 #dfd #eaf ,u4,s4,c4 #dfe #faf ,u4,s4,c4 #dff #gaf ,u4,s4,c4 #dfg ,act of ,june #bc1 #aicf 7ch4 #gce7aaf ,u4,s4,c4 #agk #baf ,u4,s4,c4 #agl #caf ,u4,s4,c4 #agm #daf ,u4,s4,c4 #agn ,act of ,may #aj1 #aici 7ch4 #aai7a 7#dast undesignated paragraph under heading 8,,national ,,park ,,service07#af ,u4,s4,c4 #ad;a ,act of ,june #ah1 #aidj 7ch4 #cie7a 7proviso in #c;d undesignated paragraph under heading 8,,national ,,park ,,service07#af ,u4,s4,c4 #ag;j-#a ,act of ,august #bg1 #aidj 7ch4 #fij7aaf ,u4,s4,c4 #deh;a ,act of ,june #bh1 #aida 7ch4 #bei7a 7#dast undesignated paragraph under heading 8,,national ,,park ,,service07#af ,u4,s4,c4 #ad;c ,act of ,august #g1 #aidf 7ch4 #ghh77;b7 through 7g7#af ,u4,s4,c4 #ag;j-#b7;b7 through 7g7 7i71 7j7#af ,u4,s4,c4 #ag;j-#b7;i71 7j7 ,act of ,june #c1 #aidh 7ch4 #dja7aaf ,u4,s4,c4 #h;e #baf ,u4,s4,c4 #h;f ,act of ,october #bf1 #aidi 7ch4 #gee7aaf ,u4,s4,c4 #dfh #baf ,u4,s4,c4 #dfh;a #caf ,u4,s4,c4 #dfh;b #daf ,u4,s4,c4 #dfh;c #eaf ,u4,s4,c4 #dfh;d ,act of ,march #ah1 #aiej 7ch4 #gb7aaf ,u4,s4,c4 #g;a #baf ,u4,s4,c4 #g;b #caf ,u4,s4,c4 #g;c #daf ,u4,s4,c4 #g;d #eaf ,u4,s4,c4 #g;e ,act of ,september #ad1 #aiej 7ch4 #iej7a 7last sentence proviso relating to national monuments7#af ,u4,s4,c4 #dca;a #a 7last sentence proviso relating to national parks7#af ,u4,s4,c4 #dea;a ,act of ,august #h1 #aiec 7ch4 #chd7a 7less 7#c77af ,u4,s4,c4 #a;b 7less 7#c77 #baf ,u4,s4,c4 #a;c #caf ,u4,s4,c4 #a;d ,act of ,august #ca1 #aied 7ch4 #aafc7af ,u4,s4,c4 #deb;a ,act of ,july #a1 #aiee 7ch4 #bei7aaf ,u4,s4,c4 #ah;f #baf ,u4,s4,c4 #ah;f-#b #caf ,u4,s4,c4 #ah;f-#c ,public ,law #hf-ebcbaf ,u4,s4,c4 #dfi;a #caf ,u4,s4,c4 #dfi;a-#a #daf ,u4,s4,c4 #dfi;a-#b #eaf ,u4,s4,c4 #dfi;a-#c #faf ,u4,s4,c4 #dfi;b #gaf ,u4,s4,c4 #dfi;c #haf ,u4,s4,c4 #dfi;c-#a ,public ,law #hg-fjhaf ,u4,s4,c4 #c;b ,public ,law #hh-biaaf ,u4,s4,c4 #dfjl #baf ,u4,s4,c4 #dfjl-#a #caf ,u4,s4,c4 #dfjl-#b #daf ,u4,s4,c4 #dfjl-#c ,land and ,water ,conservation ,fund ,act of #aife 7,pub4 ,l4 #hh-egh7title ,i1 #baf ,u4,s4,c4 #dfjl-#e title ,i1 #caf ,u4,s4,c4 #dfjl-#f title ,i1 #d7;i77#a77;,c7#af ,u4,s4,c4 #dfjl-#f;a7i77#a77;,c7 title ,i1 #d7;j7 through 7n7#af ,u4,s4,c4 #dfjl-#f;a7j7 through 7n7 title ,i1 #eaf ,u4,s4,c4 #dfjl-#g title ,i1 #faf ,u4,s4,c4 #dfjl-#h title ,i1 #gaf ,u4,s4,c4 #dfjl-#i title ,i1 #haf ,u4,s4,c4 #dfjl-#aj title ,i1 #iaf ,u4,s4,c4 #dfjl-#aj;a title ,i1 #ajaf ,u4,s4,c4 #dfjl-#aj;b title ,i1 #aaaf ,u4,s4,c4 #dfjl-#aj;c title ,i1 #abaf ,u4,s4,c4 #dfjl-#aj;d title ,i1 #acaf ,u4,s4,c4 #dfjl-#aj;e title ,,ii1 #bjaaf ,u4,s4,c4 #dfjl-#aa ,national ,historic ,preservation ,act 7,pub4 ,l4 #hi-ffe7baf ,u4,s4,c4 #dgj-a #ajaaf ,u4,s4,c4 #dgj;a #ajbaf ,u4,s4,c4 #dgj;b #ajcaf ,u4,s4,c4 #dgj;c #ajdaf ,u4,s4,c4 #dgj;d #ajeaf ,u4,s4,c4 #dgj;e #ajfaf ,u4,s4,c4 #dgj;f #ajgaf ,u4,s4,c4 #dgj;g #ajhaf ,u4,s4,c4 #dgj;h #ajiaf ,u4,s4,c4 #dgj;h-#a #aajaf ,u4,s4,c4 #dgj;h-#b #aaaaf ,u4,s4,c4 #dgj;h-#c #aabaf ,u4,s4,c4 #dgj;h-#d #aacaf ,u4,s4,c4 #dgj;h-#e #bjaaf ,u4,s4,c4 #dgj;i #bjbaf ,u4,s4,c4 #dgj;j #bjcaf ,u4,s4,c4 #dgjk #bjdaf ,u4,s4,c4 #dgjl #bjeaf ,u4,s4,c4 #dgjm #bjfaf ,u4,s4,c4 #dgjn #bjgaf ,u4,s4,c4 #dgjo #bjhaf ,u4,s4,c4 #dgjp #bjiaf ,u4,s4,c4 #dgjq #bajaf ,u4,s4,c4 #dgjr #baaaf ,u4,s4,c4 #dgjs #babaf ,u4,s4,c4 #dgjt #bacaf ,u4,s4,c4 #dgju #badaf ,u4,s4,c4 #dgjv #baeaf ,u4,s4,c4 #dgjv-#a #bafaf ,u4,s4,c4 #dgjv-#b #cjaaf ,u4,s4,c4 #dgjw #cjbaf ,u4,s4,c4 #dgjw-#a #cjcaf ,u4,s4,c4 #dgjw-#b #cjdaf ,u4,s4,c4 #dgjw-#c #cjeaf ,u4,s4,c4 #dgjw-#d #cjfaf ,u4,s4,c4 #dgjw-#e #cjgaf ,u4,s4,c4 #dgjw-#f #cjhaf ,u4,s4,c4 #dgjw-#g #cjiaf ,u4,s4,c4 #dgjw-#h #djaaf ,u4,s4,c4 #dgjx #djbaf ,u4,s4,c4 #dgjx-#a #djcaf ,u4,s4,c4 #dgjx-#b #djdaf ,u4,s4,c4 #dgjx-#c #djeaf ,u4,s4,c4 #dgjx-#d #djfaf ,u4,s4,c4 #dgjx-#e #djgaf ,u4,s4,c4 #dgjx-#f ,demonstration ,cities and ,metropolitan ,development ,act of #aiff 7,pub4 ,l4 #hi-ged7fjcaf ,u4,s4,c4 #dgj;b-#a ,public ,law #ij-bjiaaf ,u4,s4,c4 #ai;e #baf ,u4,s4,c4 #ai;f #caf ,u4,s4,c4 #ai;g #daf ,u4,s4,c4 #ai;h #eaf ,u4,s4,c4 #ai;i #faf ,u4,s4,c4 #ai;j #gaf ,u4,s4,c4 #aik #haf ,u4,s4,c4 #ail #iaf ,u4,s4,c4 #aim #ajaf ,u4,s4,c4 #ain #aaaf ,u4,s4,c4 #aio ,public ,law #ij-djaeaf ,u4,s4,c4 #dfjl-#bb ,volunteers in the ,parks ,act of #aifi 7,pub4 ,l4 #ia-ceg7aaf ,u4,s4,c4 #ah;g #baf ,u4,s4,c4 #ah;h #caf ,u4,s4,c4 #ah;i #daf ,u4,s4,c4 #ah;j ,public ,law #ia-chcaaf ,u4,s4,c4 #a;a-#a #caf ,u4,s4,c4 #a;a-#b #faf ,u4,s4,c4 #a;a-#c #gaf ,u4,s4,c4 #a;a-#d #haf ,u4,s4,c4 #a;a-#e #ajaf ,u4,s4,c4 #a;a-#f #abaf ,u4,s4,c4 #a;a-#g #acaf ,u4,s4,c4 #a;a-#g;a ,public ,law #id-dbiaaf ,u4,s4,c4 #aija #baf ,u4,s4,c4 #aijb #daf ,u4,s4,c4 #aijc #eaf ,u4,s4,c4 #aijd #faf ,u4,s4,c4 #aije #gaf ,u4,s4,c4 #aijf #haf ,u4,s4,c4 #aijg #iaf ,u4,s4,c4 #aijh #ajaf ,u4,s4,c4 #aiji #aaaf ,u4,s4,c4 #aiaj #abaf ,u4,s4,c4 #aiaa #acaf ,u4,s4,c4 #aiab ,public ,law #ie-cddtitle ,,iii1 #cjbaf ,u4,s4,c4 #bcjb title ,,iii1 #cjcaf ,u4,s4,c4 #bcjc title ,,iii1 #cjdaf ,u4,s4,c4 #bcjd title ,,iii1 #cjeaf ,u4,s4,c4 #bcje title ,,iii1 #cjfaf ,u4,s4,c4 #bcjf ,urban ,park and ,recreation ,recovery ,act of #aigh 7,pub4 ,l4 #ie-fbe7title ,x1 #ajjdaf ,u4,s4,c4 #bejc title ,x1 #ajjeaf ,u4,s4,c4 #bcjd title ,x1 #ajjfaf ,u4,s4,c4 #bcje title ,x1 #ajjgaf ,u4,s4,c4 #bcjf title ,x1 #ajjhaf ,u4,s4,c4 #bcjg title ,x1 #ajjiaf ,u4,s4,c4 #bcjh title ,x1 #ajajaf ,u4,s4,c4 #bcji title ,x1 #ajaaaf ,u4,s4,c4 #bcaj title ,x1 #ajabaf ,u4,s4,c4 #bcaa title ,x1 #ajacaf ,u4,s4,c4 #bcab title ,x1 #ajadaf ,u4,s4,c4 #bcac title ,x1 #ajaeaf ,u4,s4,c4 #bcad ,public ,law #if-aiititle ,i1 #abjaf ,u4,s4,c4 #dfg;b ,national ,historic ,preservation ,act ,amendments of #aihj 7,pub4 ,l4 #if-eae7bjhaf ,u4,s4,c4 #dfi;c-#b #djaaf ,u4,s4,c4 #dgj;a-#a #djbaf ,u4,s4,c4 #dgj;a-#b ,public ,law4 #ih-dgctitle ,i1 #aja7;c7 title ,i1 #ajjaf ,u4,s4,c4 #a;e ,public ,law #ih-edjd7;a7#af ,u4,s4,c4 #a;a-#h7;a7 ,international ,security and ,development ,cooperation ,act of #aihe 7,pub4 ,l4 #ii-hc7acjcaf ,u4,s4,c4 #dfi;j ,public ,law #aja-ccgaai;jj #bai;jj-#a #cai;jj-#b #dai;jj-#c #eai;jj-#d ,public ,law #aja-fbhtitle ,,xii1 #abacaf ,u4,s4,c4 #a;a-#i title ,,xii1 #abadaf ,u4,s4,c4 #a;a-#aj title ,,xii1 #abaeaf ,u4,s4,c4 #a;a-#aa title ,,xii1 #abafaf ,u4,s4,c4 #a;a-#ab title ,,xii1 #abagaf ,u4,s4,c4 #a;a-#ac ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiic 7,pub4 ,l4 #ajb-cha7title ,i 7#ast proviso in paragraph under heading 8administrative provisions0 under heading 8,national ,park ,service07#af ,u4,s4,c4 #ad;d ,public ,law #ajb-ebetitle ,,iii1 #cjaaf ,u4,s4,c4 #a;a-#ad ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiid 7,pub4 ,l4 #ajc-ach7title ,i 7#c;d proviso in paragraph under heading 8administrative provisions0 under heading 8,national ,park ,service07#af ,u4,s4,c4 #c;a ,national ,maritime ,heritage ,act of #aiid 7,pub4 ,l4 #ajc-dea7caf ,u4,s4,c4 #edjb #daf ,u4,s4,c4 #edjc #eaf ,u4,s4,c4 #edjd #faf ,u4,s4,c4 #edje #gaf ,u4,s4,c4 #edjf #haf ,u4,s4,c4 #edjg #iaf ,u4,s4,c4 #edjh ,omnibus ,consolidated ,appropriations ,act1 #aiig 7,pub4 ,l4 #ajd-bjh7;div4 ,a1 title ,i1 #aja7;d7 title ,i 7#c;d undesignated paragraph under heading 8administrative provisions0 under heading 8,national ,park ,service07#af ,u4,s4,c4 #a;g ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7,pub4 ,l4 #ajd-ccc7;div4 ,i1 title ,,vi1 #fjdaf ,u4,s4,c4 #dfik div4 ,i1 title ,,viii1 #had7;a77#b7 through 7#ai7af ,u4,s4,c4 #ago7#b7 through 7#ai7 div4 ,i1 title ,,viii1 #had7;g7#af ,u4,s4,c4 #a;f ,national ,underground ,railroad ,network to ,freedom ,act of #aiih 7,pub4 ,l4 #aje-bjc7caf ,u4,s4,c4 #dfil-#a #daf ,u4,s4,c4 #dfil-#b #eaf ,u4,s4,c4 #dfil-#c ,strom ,thurmond ,national ,defense ,authorization ,act for ,fiscal ,year #aiii 7,pub4 ,l4 #aje-bfa7;div4 ,a1 title ,x1 #ajfhaf ,u4,s4,c4 #edji ,national ,parks ,omnibus ,management ,act of #aiih 7,pub4 ,l4 #aje-cia7baf ,u4,s4,c4 #eija #ajaaf ,u4,s4,c4 #eiaa #ajbaf ,u4,s4,c4 #eiab #ajcaf ,u4,s4,c4 #eiac #ajdaf ,u4,s4,c4 #eiad #bjaaf ,u4,s4,c4 #eica #bjbaf ,u4,s4,c4 #eicb #bjcaf ,u4,s4,c4 #eicc #bjdaf ,u4,s4,c4 #eicd #bjeaf ,u4,s4,c4 #eice #bjfaf ,u4,s4,c4 #eicf #bjgaf ,u4,s4,c4 #eicg #djbaf ,u4,s4,c4 #eiea #djcaf ,u4,s4,c4 #eieb #djdaf ,u4,s4,c4 #eiec #djeaf ,u4,s4,c4 #eied #djfaf ,u4,s4,c4 #eiee #djgaf ,u4,s4,c4 #eief #djhaf ,u4,s4,c4 #eieg #djiaf ,u4,s4,c4 #eieh #dajaf ,u4,s4,c4 #eiei #daaaf ,u4,s4,c4 #eifj #dabaf ,u4,s4,c4 #eifa #dacaf ,u4,s ,c4 #eifb #dadaf ,u4,s4,c4 #eifc #dafaf ,u4,s4,c4 #eifd #dagaf ,u4,s4,c4 #eife #dahaf ,u4,s4,c4 #eiff #ejaaf ,u4,s4,c4 #eiha #hjaaf ,u4,s4,c4 #fjaa ,public ,law #ajf-bjfa 7relating to ,national ,park ,system7#af ,u4,s4,c4 #dfjl-#f;d 7relating to ,national ,park ,system7 ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjjb 7,pub4 ,l4 #ajg-fc7title ,i 7paragraph under heading 8contribution for annuity benefits0 under heading 8,national ,park ,service07#af ,u4,s4,c4 #ad;e ,consolidated ,appropriations ,resolution1 #bjjc 7,pub4 ,l4 #ajh-g7;div4 ,f1 title ,i 7words before proviso in last undesignated paragraph under heading 8administrative provisions0 under heading 8,national ,park ,service07#af ,u4,s4,c4 #a;h div4 ,f1 title ,i 7proviso in last undesignated paragraph under heading 8administrative provisions0 under heading 8,national ,park ,service07#af ,u4,s4,c4 #a;i ,consolidated ,appropriations ,act of #bjjh 7,pub4 ,l4 #aaj-afa7;div4 ,f1 title ,i 7#ast paragraph under heading 8administrative provisions0 under heading 8,national ,park ,service07#af ,u4,s4,c4 #eied note ,consolidated ,natural ,resources ,act of #bjjh 7,pub4 ,l4 #aaj-bbi7title ,,iii1 subtitle ,a1 #cjaaf ,u4,s4,c4 #a;j ,omnibus ,public ,land ,management ,act of #bjji 7,pub4 ,l4 #aaa-aa7title ,,vii1 subtitle ,b1 #gaaa7;b7#af ,u4,s4,c4 #dfim7b7 title ,,vii1 subtitle ,b1 #gaaa7;c7#af ,u4,s4,c4 #dfim7c7 title ,,vii1 subtitle ,d1 #gcja7;b71 7c7#af ,u4,s4,c4 #dfik-#a77;b71 7c7 title ,,vii1 subtitle ,d1 #gcjb7;b7 through 7f7#af ,u4,s4,c4 #dfin7b7 through 7f7 title ,,vii1 subtitle ,d1 #gcjcaf ,u4,s4,c4 #dfio ,credit ,card ,accountability ,responsibility and ,disclosure ,act of #bjji 7,pub4 ,l4 #aaa-bd7title ,v1 #eab 7relating to ,national ,park ,system7#af ,u4,s4,c4 #a;a-#g;b 7relating to ,national ,park ,system7 ,speaker of the ,house of ,representatives4 ,vice ,president of the ,united ,states and ,president of the ,senate4