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(b) Recommendations for improvement

The Secretary shall direct the chief official responsible for law enforcement within the National Park Service to

(1) compile a list of areas within the National Park System with the highest rates of violent crime;

(2) make recommendations concerning capital improvements, and other measures, needed within the National Park System to reduce the rates of violent crime, including the rate of sexual assault; and

(3) publish the information required by paragraphs (1) and (2) in the Federal Regis

ter.

(c) Distribution of funds

Based on the recommendations and list issued pursuant to subsection (b) of this section, the Secretary shall distribute the funds authorized by subsection (a) of this section throughout the National Park System. Priority shall be given to those areas with the highest rates of sexual assault.

(d) Use of funds

Funds provided under this section may be used

(1) to increase lighting within or adjacent to National Park System units;

(2) to provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to National Park System units;

(3) to increase security or law enforcement personnel within or adjacent to National Park System units; or

(4) for any other project intended to increase the security and safety of National Park System units.

(Pub. L. 91-383, § 13, as added Pub. L. 103-322, title IV, § 40132, Sept. 13, 1994, 108 Stat. 1917.)

CROSS REFERENCES

Violent Crime Reduction Trust Fund, see section 14211 of Title 42, The Public Health and Welfare.

§ 1a-8. Maintenance management system (a) Implementation and elements

Beginning in fiscal year 1985, the National Park Service shall implement a maintenance management system into the maintenance and operations programs of the National Park System. For purposes of this section the term "maintenance management system" means a system that contains but is not limited to the following elements:

(1) a work load inventory of assets including detailed information that quantifies for all assets (including but not limited to buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of maintenance work performed;

(2) a set of maintenance tasks that describe the maintenance work in each unit of the National Park System;

(3) a description of work standards including frequency of maintenance, measurable quality standard to which assets should be maintained, methods for accomplishing work,

required labor, equipment and material resources, and expected worker production for each maintenance task;

(4) a work program and performance budget which develops an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task;

(5) a work schedule which identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources;

(6) work orders specifying job authorizations and a record of work accomplished which can be used to record actual labor and material costs; and

(7) reports and special analyses which compare planned versus actual accomplishments and costs and can be used to evaluate maintenance operations.

(b) Reports to Congressional committees; contents

The National Park Service shall transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, at the end of each fiscal year, a copy of a report summarizing the status of implementation of a maintenance management system until such a system has been implemented.

The report shall incorporate the following information:

(1) the number of units in the National Park System that have implemented a maintenance management system during the period;

(2) contract costs versus management efficiencies achieved;

(3) the total amount of dollars spent on contracts for services; and

(4) estimation of the total value of benefits achieved through greater management efficiency.

(Pub. L. 98-540, § 4, Oct. 24, 1984, 98 Stat. 2719; Pub. L. 103-437, § 6(d)(1), Nov. 2, 1994, 108 Stat. 4583.)

AMENDMENTS

1994-Subsec. (b). Pub. L. 103-437 in introductory provisions substituted "Natural Resources" for "Interior and Insular Affairs" after "Committee on".

CHANGE OF NAME

Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

§ 1a-9. Periodic review of National Park System

The Secretary of the Interior (hereafter in sections 1a-9 to la-13 of this title referred to as the "Secretary") is authorized and directed to conduct a systematic and comprehensive review of certain aspects of the National Park System and to submit on a periodic basis but not later than every 3 years a report to the Committee on Natural Resources and the Committee on Appropriations of the United States House of Representatives and the Committee on Energy and Natural Resources and the Committee on

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Appropriations of the United States Senate on
the findings of such review, together with such
recommendations as the Secretary determines
necessary. The first report shall be submitted
no later than 3 years after November 28, 1990.
(Pub. L. 101-628, title XII, § 1213, Nov. 28, 1990,
104 Stat. 4507; Pub. L. 103-437, § 6(d)(2), Nov. 2,
1994, 108 Stat. 4583.)

REFERENCES IN TEXT

Sections 1a-9 to 1a-13 of this title, referred to in text, was in the original "this title", meaning title XII of Pub. L. 101-628, Nov. 28, 1990, 104 Stat. 4503, which enacted sections 1a-9 to la-13 of this title, amended section 463 of this title, and enacted provisions set out as a note under section 1a-5 of this title. For complete classification of title XII to the Code, see Tables.

AMENDMENTS

1994-Pub. L. 103-437 substituted "Natural Resources" for "Interior and Insular Affairs" after "Committee on".

CHANGE OF NAME

Committee on Natural Resources of House of Repre-
sentatives changed to Committee on Resources of
House of Representatives by House Resolution No. 6,
One Hundred Fourth Congress, Jan. 4, 1995.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section la-10 of this title.

81a-10. Consultation with affected agencies and organizations

In conducting and preparing the report referred to in section 1a-9 of this title, the Secretary shall consult with appropriate officials of affected Federal, State and local agencies, together with national, regional, and local organizations, including but not limited to holding such public hearings as the Secretary determines to be appropriate to provide a full opportunity for public comment.

(Pub. L. 101-628, title XII, § 1214, Nov. 28, 1990, 104 Stat. 4508.)

REFERENCES IN TEXT

Section 1a-9 of this title, referred to in text, was in the original "section 1", and was translated as reading "section 1213", meaning section 1213 of Pub. L. 101-628, title XII, Nov. 28, 1990, 104 Stat. 4507, which enacted section la-9 relating to submission of reports, as the probable intent of Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1a-9 of this title.

81a-11. Contents of report

The report shall contain

(a) A comprehensive listing of all authorized but unacquired lands within the exterior boundaries of each unit of the National Park System as of November 28, 1990.

(b) A priority listing of all such unacquired parcels by individual park unit and for the National Park System as a whole. The list shall describe the acreage and ownership of each parcel, the estimated cost of acquisition for each parcel (subject to any statutory acquisition limitations for such lands), and the basis for such estimate.

(c) An analysis and evaluation of the current and future needs of each unit of the National Park System for resource management, interpretation, construction, operation and maintenance, personnel, housing, together with an estimate of the costs thereof.

(Pub. L. 101-628, title XII, § 1215, Nov. 28, 1990, 104 Stat. 4508.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1a-9 of this title.

§ 1a-12. Evaluation of proposed boundary changes

Within one year after November 28, 1990, the Secretary shall develop criteria to evaluate any proposed changes to the existing boundaries of individual park units including

(a) analysis of whether or not the existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the unit;

(b) an evaluation of each parcel proposed for addition or deletion to the unit based on the analysis under paragraph (1); 1 1

(c) an assessment of the impact of potential boundary adjustments taking into consideration the factors in paragraph (c) 2 as well as the effect of the adjustments on the local communities and surrounding area.

(Pub. L. 101-628, title XII, § 1216, Nov. 28, 1990, 104 Stat. 4508.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1a-9, 1a-13 of this title.

§ la-13. Proposals for boundary changes

In proposing any boundary change after November 28, 1990, the Secretary shall

(a) consult with affected agencies of State and local governments 3 surrounding communities, affected landowners and private national, regional, and local organizations;

(b) apply the criteria developed pursuant to section la-12 of this title and accompany this proposal with a statement reflecting the results of the application of such criteria;

(c) include with such proposal an estimate of the cost for acquisition of any parcels proposed for acquisition together with the basis for the estimate and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other lands for such unit and for the National Park System.

(Pub. L. 101-628, title XII, § 1217, Nov. 28, 1990, 104 Stat. 4508.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1a-9 of this title.

'So in original. Probably should be paragraph "(a);". * So in original.

* So in original. Probably should be followed by a comma.

§ la-14. National Park System advisory committees

(a) Charter

The provisions of section 14(b) of the Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776) are hereby waived with respect to any advisory commission or advisory committee established by law in connection with any national park system unit during the period such advisory commission or advisory committee is authorized by law. (b) Members

In the case of any advisory commission or advisory committee established in connection with any national park system unit, any member of such Commission or Committee may serve after the expiration of his or her term until a successor is appointed.

(Pub. L. 102-525, title III, § 301, Oct. 26, 1992, 106 Stat. 3441.)

REFERENCES IN TEXT

Section 14(b) of the Federal Advisory Committee Act, referred to in subsec. (a), is section 14(b) of Pub. L. 92-463, which is set out in the Appendix to Title 5, Government Organization and Employees.

§ 1b. Secretary of the Interior's authorization of additional activities; administration of National Park System

In order to facilitate the administration of the National Park System, the Secretary of the Interior is authorized to carry out the following activities, and he may use applicable appropriations for the aforesaid system for the following purposes:

(1) Emergency assistance

Rendering of emergency rescue, fire fighting, and cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside of the National Park System.

(2) Utility facilities; erection and maintenance

The erection and maintenance of fire protection facilities, water lines, telephone lines, electric lines, and other utility facilities adjacent to any area of the said National Park System, where necessary, to provide service in such area.

(3) Transportation of employees of Carlsbad Caverns National Park; rates

Transportation to and from work, outside of regular working hours, of employees of Carlsbad Caverns National Park, residing in or near the city of Carlsbad, New Mexico, such transportation to be between the park and the city, or intervening points, at reasonable rates to be determined by the Secretary of the Interior taking into consideration, factors, other comparable rates among charged by transportation companies in the locality for similar services, the amounts collected for such transportation to be credited to the appropriation current at the time payment is received: Provided, That if adequate transportation facilities are available, or shall be available by any common carrier, at reasonable rates, then and in that event the fa

cilities contemplated by this paragraph shall not be offered.

(4) Utility services for concessioners; reimbursement

Furnishing, on a reimbursement of appropriation basis, all types of utility services to concessioners, contractors, permittees, or other users of such services, within the National Park System: Provided, That reimbursements for cost of such utility services may be credited to the appropriation current at the time reimbursements are received. (5) Supplies and rental of equipment; reimburse

ment

Furnishing, on a reimbursement of appropriation basis, supplies, and the rental of equipment to persons and agencies that in cooperation with, and subject to the approval of, the Secretary of the Interior, render services or perform functions that facilitate or supplement the activities of the Department of the Interior in the administration of the National Park System: Provided, That reimbursements hereunder may be credited to the appropriation current at the time reimbursements are received.

(6) Contracts for utility facilities

Contracting, under such terms and conditions as the said 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 National Park System, regardless of whether such lines and facilities are located within or outside said system and areas. (7) Rights-of-way

Acquiring such rights-of-way as may be necessary to construct, improve, and maintain roads within the authorized boundaries of any area of said National Park System and the acquisition also of land and interests in land adjacent to such rights-of-way, when deemed necessary by the Secretary, to provide adequate protection of natural features or to avoid traffic and other hazards resulting from private road access connections, or when the acquisition of adjacent residual tracts, which otherwise would remain after acquiring such rights-of-way, would be in the public interest.

(8) Operation and maintenance of motor and other equipment; rent of equipment; reimbursement The operation, repair, maintenance, and replacement of motor and other equipment on a reimbursable basis when such equipment is used on Federal projects of the said National Park System, chargeable to other appropriations, or on work of other Federal agencies, when requested by such agencies. Reimbursement shall be 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 cred

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ited to appropriations currently available at
the time adjustment is effected, and the Sec-
retary may also rent equipment for fire con-
trol purposes to State, county, private, or
other non-Federal agencies that cooperate
with the Secretary in the administration of
the said National Park System and other
areas in fire control, such rental to be under
the terms of written cooperative agreements,
the amount collected for such rentals to be
credited to appropriations currently available
at the time payment is received.

(Aug. 8, 1953, ch. 384, § 1, 67 Stat. 495; Aug. 18,
1970, Pub. L. 91-383, § 2(a), 84 Stat. 826.)

AMENDMENTS

1970-Pub. L. 91-383 struck out "and miscellaneous areas administered in connection therewith" after "National Park System" and "and miscellaneous areas" after "aforesaid system" in introductory text and "National Park System" in pars. (1), (2), (4) to (7), and (8) where first appearing.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 459b-6,
459c-6 of this title.

§ 1c. General administration provisions; system de-
fined; particular areas

(a) "National park system" defined

The "national park system" shall include any area of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.

(b) Specific provisions applicable to area; uniform application of sections 1b to 1d and other provisions of this title to all areas when not in conflict with specific provisions; references in other provisions to national parks, monuments, recreation areas, historic monuments, or parkways not a limitation of such other provisions to those areas Each area within the national park system shall be administered in accordance with the provisions of any statute made specifically applicable to that area. In addition, the provisions of sections lb to 1d of this title, and the various authorities relating to the administration and protection of areas under the administration of the Secretary of the Interior through the National Park Service, including but not limited to the Act of August 25, 1916 (39 Stat. 535), as amended [16 U.S.C. 1, 2, 3, and 41, the Act of March 4, 1911 (36 Stat. 1253), as amended (16 U.S.C. 5) relating to rights-of-way, the Act of June 5, 1920 (41 Stat. 917), as amended (16 U.S.C. 6), relating to donation of land and money, sections 1, 4, 5, and 6 of the Act of April 9, 1924 (43 Stat. 90), as amended (16 U.S.C. 8 and 8a-8c), relating to roads and trails, the Act of March 4, 1931 (46 Stat. 1570; 16 U.S.C. 8d), relating to approach roads to national monuments, the Act of June 3, 1948 (62 Stat. 334), as amended (16 U.S.C. 8e-8f), relating to conveyance of roads to States, the Act of August 31, 1954 (68 Stat. 1037), as amended (16 U.S.C. 452a), relating to acquisitions of inholdings, section 1 of the Act of July 3, 1926 (44 Stat. 900), as amended (16 U.S.C. 12), relating to aid to

visitors in emergencies, the Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), relating to arrests, sections 3, 4, 5, and 6 of the Act of May 26, 1930 (46 Stat. 381), as amended (16 U.S.C. 17b, 17c, 17d, and 17e), relating to services or other accommodations for the public, emergency supplies and services to concessioners, acceptability of travelers checks, care and removal of indigents, the Act of October 9, 1965 (79 Stat. 696; 16 U.S.C. 20-20g), relating to concessions, the Land and Water Conservation Fund Act of 1965, as amended [16 U.S.C. 4601-4 et seq.), and the Act of July 15, 1968 (82 Stat. 355), shall to the extent such provisions are not in conflict with any such specific provision, be applicable to all areas within the national park system and any reference in such Act to national parks, monuments, recreation areas, historic monuments, or parkways shall hereinafter not be construed as limiting such Acts to those

areas.

(Aug. 8, 1953, ch. 384, § 2, 67 Stat. 496; Aug. 18, 1970, Pub. L. 91-383, § 2(b), 84 Stat. 826.)

REFERENCES IN TEXT

Act of October 9, 1965, referred to in subsec. (b), is Pub. L. 89-249, Oct. 9, 1965, 79 Stat. 969, known as the National Park System Concessions Policy Act, which is classified generally to subchapter IV (§ 20 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 20 of this title and Tables.

Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), referred to in subsec. (b), related to arrests by National Park Service personnel in the national forests and national parks. Provisions of that Act that related to arrests by Forest Service personnel in the national forest and national parks are classified to section 559 of this title. Section 10(a)(2) of Pub. L. 91-383, as added by Pub. L. 94-458, § 2, Oct. 7, 1976, 90 Stat. 1941, amended the 1905 Act by striking out references to the National Park Service and the national parks, and had the effect of repealing those provisions of the 1905 Act that were classified to section 10 of this title. Provisions relating to law and order within areas of the National Park System are covered by section la-6 of this title.

Section 17d of this title, referred to in subsec. (b), was omitted from the Code as obsolete.

The Land and Water Conservation Fund Act of 1965, referred to in subsec. (b), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is classified generally to part B (§ 4601-4 et seq.) of subchapter LXIX of chapter 1 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4601-4 of this title and Tables.

Act of July 15, 1968 (82 Stat. 355), referred to in subsec. (b), is Pub. L. 90-401, which enacted sections 4601-10a to 4601-10c and 4601-22 of this title, amended section 4601-5, 4601-7, and 4601-9 of this title, and enacted provisions set out as notes under section 4601-5 of this title. For complete classification of this Act to the Code, see Tables.

AMENDMENTS

1970-Subsec. (a). Pub. L. 91-383, in redefining the national park system, substituted provision for inclusion of any area of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes for prior provision defining such system to mean all federally owned or controlled lands administered under direction of Secretary of the Interior under sections 1, 2, 3, and 4 of this title and grouped in the following de

scriptive categories: (1) National parks, (2) national monuments, (3) national historic parks, (4) national memorials, (5) national parkways, and (6) national capital parks.

Subsec. (b). Pub. L. 91-383 substituted provisions making specific provisions applicable to an area of the national park system, for uniform application of authorities, and prohibiting construction of references in other provisions to national parks, monuments, recreation areas, historic monuments or parkways as limitation of such other provisions to those areas, for prior definition of "miscellaneous areas" as including lands under administrative jurisdiction of another Federal agency, or privately owned lands, and over which National Park Service, under direction of Secretary of the Interior, exercises supervision for recreational, historical, or other related purposes, and lands under care and custody of such Service other than those herein described.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1a-1, 459b-6, 459c-6, 5207 of this title.

§ 1d. Appropriations

On and after August 8, 1953, applicable appropriations of the National Park Service shall be available for the objects and purposes specified in section 17j-2 of this title.

(Aug. 8, 1953, ch. 384, § 3, 67 Stat. 496.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 459b-6, 459c-6 of this title.

§ le. National Capital region arts and cultural affairs; grant program

There is hereby established under the direction of the National Park Service a program to support and enhance artistic and cultural activities in the National Capital region. Eligibility for grants shall be limited to organizations of demonstrated national significance which meet at least two of the additional following criteria:

(1) an annual operating budget in excess of $1,000,000;

(2) an annual audience or visitation of at least 200,000 people;

(3) a paid staff of at least one hundred persons; or

(4) eligibility under the Historic Sites Act of 1935 (16 U.S.C. 462(e)).

Public or private colleges and universities are not eligible for grants under this program.

Grants awarded under this section may be used to support general operations and maintenance, security, or special projects. No organization may receive a grant in excess of $500,000 in a single year.

The Director of the National Park Service shall establish an application process, appoint a review panel of five qualified persons, at least a majority of whom reside in the National Capital region, and develop other program guidelines and definitions as required.

The contractual amounts required for the support of Ford's Theater and Wolf Trap Farm Park for the Performing Arts shall be available within the amount herein provided without regard to any other provisions of this section. (Pub. L. 98-473, title I, § 101(c) [title I, § 1001, Oct. 12, 1984, 98 Stat. 1837, 1844.)

REFERENCES IN TEXT

The Historic Sites Act of 1935, referred to in text, which is also known as the Historic Sites, Buildings, and Antiquities Act, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, as amended, which is classified to sections 461 to 467 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 461 of this title and Tables.

CROSS REFERENCES

National Capital arts and cultural affairs grant program under the direction of the National Endowment for the Humanities, see section 956a of Title 20, Education.

§ 2. National parks, reservations, and monuments; supervision

The director shall, under the direction of the Secretary of the Interior, have the supervision, management, and control of the several national parks and national monuments which on August 25, 1916, were under the jurisdiction of the Department of the Interior, and of the Hot Springs National Park in the State of Arkansas, and of such other national parks and reservations of like character as may be created by Congress. In the supervision, management, and control of national monuments contiguous to national forests the Secretary of Agriculture may cooperate with said National Park Service to such extent as may be requested by the Secretary of the Interior.

(Aug. 25, 1916, ch. 408, § 2, 39 Stat. 535; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1407.)

CHANGE OF NAME

Hot Springs Reservation was changed to Hot Springs National Park by section 1 of act Mar. 4, 1921.

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

CROSS REFERENCES

National Park System Advisory Board, see section 463 of this title.

Uniform application of this section to all areas of national park system when not in conflict with specific provisions applicable to an area, see section 1c of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 3, 4, 20, 201, 21b, 45f, 791, 80d, 81g, 81h, 90c, 108, 111c, 119, 158, 159b, 160f, 197, 201b, 205a, 221b, 222, 230e, 231c, 245, 254, 264, 271d, 272d, 273d, 281d, 282a, 283c, 284a, 291b, 342, 345, 346a-2, 355a, 391b-1, 396b, 396d, 397d, 398c, 401, 403-3, 403b, 404b, 406d-2, 407a, 407q, 408b, 409e, 410b, 410r-7, 410w, 410y-5, 410z-4, 410aa-2, 410bb-1, 410ee, 410ff-3, 410gg-2, 410hh-2, 410ii-5, 410jj-4, 410kk-1, 4107, 410mm-1, 410nn-1, 41000-3, 410pp-2, 410qq-2, 410rr-3, 410rr-7, 410ss-1, 410tt-3, 410vv-2, 410ww-4, 410xx-1, 410yy-2, 410aaa-2, 410aaa-23, 410aaa-46, 410bbb-2, 410ccc-2, 423h-2, 4231, 4230, 426m, 428d-3, 4280, 429a-2, 430m, 430w, 430cc, 430hh, 430ll, 430ss, 430uu-2, 433b, 433j, 441c, 442, 445c, 447c, 450, 450e-1, 450n, 450q, 450t, 450y-1, 450y-6, 450bb-1, 450cc-1, 450dd-1, 450ee-1, 450ff-2, 450hh-2, 450jj-5, 450mm-3, 45000-9, 450pp-1, 459a-1, 459b-6, 459c-6,

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