Title 54National Park Service and Related ProgramsRelease 119-73

§312105 Powers

Title 54 › Subtitle Subtitle III— - National Preservation Programs › Chapter CHAPTER 3121— - NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES › § 312105

Last updated Apr 6, 2026|Official source

Summary

The National Trust can do what it needs to carry out its job. It keeps existing until Congress ends it. If Congress ends it, its real and personal property goes to the United States, as long as existing contracts and other legal claims are honored. The Trust can sue and be sued, make a corporate seal, and write a constitution, bylaws, and rules (for example about visiting places, handling money, and running the board). It can take and manage gifts and inheritances, invest or sell them unless they are restricted, and use money for its purposes. It can buy, hold, mortgage, sell, or otherwise deal with real property, except land inside a System unit. The Trust can make contracts and cooperative agreements with governments, groups, or people to protect and run historic sites whether or not it owns them. It can hire officers and staff and set their pay, and do any other lawful acts needed to carry out its mission.

Full Legal Text

Title 54, §312105

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)To the extent necessary to enable it to carry out the functions vested in it by this chapter, the National Trust has the general powers described in this section.
(b)The National Trust has succession until dissolved by Act of Congress, in which event title to the property of the National Trust, both real and personal, shall, insofar as consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the National Trust, pass to and become vested in the United States.
(c)The National Trust may sue and be sued in its corporate name.
(d)The National Trust may adopt, alter, and use a corporate seal that shall be judicially noticed.
(e)The National Trust may adopt a constitution and prescribe such bylaws and regulations, not inconsistent with the laws of the United States or of any State, as it considers necessary for the administration of its functions under this chapter, including among other matters, bylaws and regulations governing visitation to historic properties, administration of corporate funds, and the organization and procedure of the Board.
(f)The National Trust may accept, hold, and administer gifts and bequests of money, securities, or other personal property of any character, absolutely or in trust, for the purposes for which the National Trust is created. Unless otherwise restricted by the terms of a gift or bequest, the National Trust may sell, exchange, or otherwise dispose of, and invest or reinvest in investments as it may determine from time to time, the moneys, securities, or other property given or bequeathed to it. The principal of corporate funds 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 purposes.
(g)The National Trust may acquire by gift, devise, purchase, or otherwise, absolutely or in trust, and hold and, unless otherwise restricted by the terms of the gift or devise, encumber, convey, or otherwise dispose of, any real property, or any estate or interest in real property (except property within the exterior boundaries of a System unit), as may be necessary and proper in carrying into effect the purposes of the National Trust.
(h)The National Trust may contract and make cooperative agreements with Federal, State, or local agencies, corporations, associations, or individuals, under terms and conditions that the National Trust considers advisable, respecting the protection, preservation, maintenance, or operation of any historic site, building, object, or property used in connection with the site, building, object, or property for public use, regardless of whether the National Trust has acquired title to the property, or any interest in the property.
(i)The National Trust may enter into contracts generally and execute all instruments necessary or appropriate to carry out its corporate purposes, including concession contracts, leases, or permits for the use of land, buildings, or other property considered desirable either to accommodate the public or to facilitate administration.
(j)The National Trust may appoint and prescribe the duties of officers, agents, and employees as may be necessary to carry out its functions, and fix and pay compensation to them for their services as the National Trust may determine.
(k)The National Trust may generally do any and all lawful acts necessary or appropriate to carry out the purposes for which the National Trust is created.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 31210516 U.S.C. 468c.Oct. 26, 1949, ch. 735, § 4, 63 Stat. 928. In subsection (h), the words “local agencies” are substituted for “municipal departments or agencies” for consistency in the revised title and with other titles of the United States Code.

Reference

Citations & Metadata

Citation

54 U.S.C. § 312105

Title 54National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73