§101521 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

The Secretary can make transportation plans and run projects to help people get to and travel inside National System units. To do this, the Secretary can hire public or private agencies or carriers, run services directly if no good provider exists, buy or lease vehicles and equipment, and when needed buy, lease, accept donations of, exchange, or transfer land or water outside a unit’s boundary. Property acquired this way becomes part of the System unit. Land owned by a State or its local governments can only be taken by donation. All land purchases must follow any special rules and need proper funding. The Secretary must set up public information programs about access and promote travel options besides private cars. The Secretary may provide or contract for services even if state or local laws about certificates of convenience and necessity would normally apply, but must consult the appropriate state or local commission. A contractor must follow that commission’s rules unless the Secretary finds them inconsistent with this law. Nothing here expands the exemption in section 13506(a)(9) of title 49.

Title 54, §101521

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

(a)The Secretary may formulate transportation plans and implement transportation projects where feasible pursuant to those plans for System units.

(b)(1)To carry out subsection (a), the Secretary may—

(A)contract with public or private agencies or carriers to provide transportation services, capital equipment, or facilities to improve access to System units;

(B)operate those services directly in the absence of suitable and adequate agencies or carriers;

(C)acquire, by purchase, lease, or agreement, capital equipment for those services; and

(D)where necessary to carry out this subchapter, acquire, by lease, purchase, donation, exchange, or transfer, land, water, or an interest in land or water that is situated outside the boundary of a System unit.

(2)(A)The acquired property shall be administered as part of the System unit.

(B)Any land or interests in land owned by a State or any of its political subdivisions may be acquired only by donation.

(C)Any land acquisition shall be subject to any statutory limitations on methods of acquisition and appropriations as may be specifically applicable to the area.

(c)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 units.

(d)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 Federal, State, or local law respecting determinations of public convenience and necessity or other similar matters. 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 necessity. 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 subchapter.

(e)No grant of authority in this subchapter shall be deemed to expand the exemption of section 13506(a)(9) of title 49.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10152116 U.S.C. 2302.Pub. L. 95–344, title III, § 302, Aug. 15, 1978, 92 Stat. 478; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(A), Nov. 12, 1996, 110 Stat. 4195. The text of 16 U.S.C. 2302(d) is omitted as superseded by 16 U.S.C. 5981, restated as section 101531 of the new title. In subsection (d), the words “shall not be considered as concession facilities or services within the meaning of the Act of October 9, 1965 (79 Stat. 969)” are omitted as obsolete because that Act was repealed by section 415(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105–391, 112 Stat. 3515). In subsection (e), the words “section 13506(a)(9)” are substituted for “section 10526(a)(9)” because of the general amendment of subtitle IV of title 49 by the ICC Termination Act of 1995 (Public Law 104–88, 109 Stat. 802), in which provisions comparable to section 10526(a)(9) were enacted as section 13506(a)(9) (109 Stat. 862). The words “section 10526(a)(9)” previously had been substituted for “section 203(b)(4) of the Interstate Commerce Act (49 U.S.C. 303(b)(4))” because of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat, 1466), the 1st section of which enacted subtitle IV of title 49.

Statutory Notes and Related Subsidiaries

Congressional Statement of Purpose Pub. L. 95–344, title III, § 301(b), Aug. 15, 1978, 92 Stat. 478, provided that “The purpose of this title [see Tables for classification] is to make the National Park System more accessible in a manner consistent with the preservation of parks and the conservation of energy by encouraging the use of transportation modes other than personal motor vehicles for access to and within units of the National Park System with minimum disruption to nearby communities through authorization of a pilot transportation program.”

§101521 Transportation Service and Facility Programs

Summary

Title 54, §101521

Notes & Related Subsidiaries

Historical and Revision Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata