§100901 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

The Secretary can take actions needed to manage the System. The Secretary can make contracts to sell or lease services, resources, or water from a System unit to people, States, or local governments if doing so won’t harm the unit’s natural or historic resources, the buyer provides public services nearby to visitors, and there is no reasonable alternative to get those services. The Secretary can put air conditioning in government passenger vehicles used by the Service when long drives or hot, humid regions make it necessary. The Secretary can build and keep up fire protection, water, phone, electric, and other utility lines next to a unit when needed. The Secretary can lend supplies and rented equipment to approved partners if they pay back the cost, and can contract out the sale, operation, maintenance, repair, or moving of government-owned utility lines even if those are outside the System. The Secretary can get rights-of-way for roads inside unit boundaries and buy nearby land when needed to protect features, avoid traffic hazards from private road access, or to acquire leftover parcels in the public interest. The Secretary can also operate or rent equipment to other federal or cooperating agencies for a fee set to cover costs; payments must be credited to the current appropriation when received.

Title 54, §100901

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

(a)To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may carry out the activities described in this section.

(b)The Secretary may enter into contracts that provide for the sale or lease to persons, States, or political subdivisions of States, of services, resources, or water available within a System unit, as long as the activity does not jeopardize or unduly interfere with the primary natural or historic resource of the System unit, if the person, State, or political subdivision—

(1)provides public accommodations or services within the immediate vicinity of the System unit to individuals visiting the System unit; and

(2)demonstrates to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water.

(c)The Secretary may acquire, and have installed, air conditioning units for any Government-owned passenger motor vehicles used by the Service, where assigned duties necessitate long periods in automobiles or in regions of the United States where high temperatures and humidity are common and prolonged.

(d)The Secretary may erect and maintain fire protection facilities, water lines, telephone lines, electric lines, and other utility facilities adjacent to any System unit, where necessary, to provide service in the System unit.

(e)The Secretary may furnish, on a reimbursement of appropriation basis, supplies, and rent equipment, to persons and agencies that, in cooperation with and subject to the approval of the Secretary, render services or perform functions that facilitate or supplement the activities of the Department of the Interior in the administration of the System. The reimbursements may be credited to the appropriation current at the time reimbursements are received.

(f)The Secretary may contract, under terms and conditions that the Secretary considers to be in the interest of the Federal Government, for the sale, operation, maintenance, repair, or relocation of Government-owned electric and telephone lines and other utility facilities used for the administration and protection of the System, regardless of whether the lines and facilities are located within or outside the System.

(g)The Secretary may acquire—

(1)rights of way necessary to construct, improve, and maintain roads within the authorized boundaries of any System unit; and

(2)land and interests in land adjacent to the rights of way, when—

(A)considered necessary by the Secretary—

(i)to provide adequate protection of natural features; or

(ii)to avoid traffic and other hazards resulting from private road access connections; or

(B)the acquisition of adjacent residual tracts, which otherwise would remain after acquiring the rights of way, would be in the public interest.

(h)(1)The Secretary may operate, repair, maintain, and replace motor and other equipment on a reimbursable basis when the equipment is used on Federal projects of the System, chargeable to other appropriations, or on work of other Federal agencies, when requested by the agencies.

(2)Reimbursement shall be—

(A)made from appropriations applicable to the work on which the equipment is used at rental rates established by the Secretary, based on actual or estimated cost of operation, repair, maintenance, depreciation, and equipment management control; and

(B)credited to appropriations currently available at the time adjustment is effected.

(3)The Secretary may rent equipment for fire control purposes to State, county, private, or other non-Federal agencies that cooperate with the Secretary in the administration of the System and other areas in fire control. The rental shall be under the terms of written cooperative agreements. The amount collected for the rentals shall be credited to appropriations currently available at the time payment is received.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 100901(a)16 U.S.C. 1a–2 (matter before (a)).Pub. L. 91–383, § 3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. 16 U.S.C. 1b (matter before (1)).Aug. 8, 1953, ch. 384, § 1 (matter before (1)), (2), (5) through (8), 67 Stat. 495, 496; Pub. L. 91–383, § 2(a), Aug. 18, 1970, 84 Stat. 826. 100901(b)16 U.S.C. 1a–2(e).Pub. L. 91–383, § 3(e), Aug. 18, 1970, 84 Stat. 827; Pub. L. 94–458, § 1(1), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, § 118(2), (3), Mar. 10, 2000, 114 Stat. 28. 100901(c)16 U.S.C. 1a–2(f).Pub. L. 91–383, § 3(f), Aug. 18, 1970, 84 Stat. 827; Pub. L. 106–176, title I, § 118(2), (3), Mar. 10, 2000, 114 Stat. 28. 100901(d)16 U.S.C. 1b(2). 100901(e) through (h)16 U.S.C. 1b(5) through (8). In subsection (a), the words “and he may use applicable appropriations for the aforesaid system for the following purposes” in 16 U.S.C. 1b (matter before (1)) are omitted as unnecessary.

§100901 Authority of Secretary to Carry Out Certain Activities

Summary

Title 54, §100901

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata