Imagini ale paginilor
PDF
ePub

ited to appropriations currently available at the time adjustment is effected, and the Secretary may also 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 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 defined; 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 1b to ld 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 4], 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 1a-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, § 100], 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, 20f, 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, 410ll, 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,

459d-4, 459h-4, 4591-5, 459j-4, 460, 460a-2, 460m-5, 460m-12, 460m-15, 460s-5, 460w-5, 460x-5, 460bb-3, 460cc-2, 460dd-3, 460ee, 460ff-3, 460hh-3, 460ii-2, 460kk, 460uu-2, 460ww-1, 460yy-1, 460eee-1, 460fff-1, 467b, 698c, 6981, 698n, 698r, 1133, 1902, 3125 of this title; title 30 section 1014; title 36 section 4614; title 40 sections 319c, 803, 804; title 48 section 1705.

§ 3. Rules and regulations of national parks, reservations, and monuments; timber; leases

The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service, and any violation of any of the rules and regulations authorized by this section and sections 1, 2, and 4 of this title shall be punished by a fine of not more than $500 or imprisonment for not exceeding six months, or both, and be adjudged to pay all cost of the proceedings. He may also, upon terms and conditions to be fixed by him, sell or dispose of timber in those cases where in his judgment the cutting of such timber is required in order to control the attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any such park, monument, or reservation. He may also provide in his discretion for the destruction of such animals and of such plant life as may be detrimental to the use of any of said parks, monuments, or reservations. He may also grant privileges, leases, and permits for the use of land for the accommodation of visitors in the various parks, monuments, or other reservations herein provided for, but for periods not exceeding thirty years; and no natural curiosities, wonders, or objects of interest shall be leased, rented, or granted to anyone on such terms as to interfere with free access to them by the public: Provided, however, That the Secretary of the Interior may, under such rules and regulations and on such terms as he may prescribe, grant the privilege to graze livestock within any national park, monument, or reservation herein referred to when in his judgment such use is not detrimental to the primary purpose for which such park, monument, or reservation was created, except that this provision shall not apply to the Yellowstone National Park: And provided further, That the Secretary of the Interior may grant said privileges, leases, and permits and enter into contracts relating to the same with responsible persons, firms, or corporations without advertising and without securing competitive bids: And provided further, That no contract, lease, permit, or privilege granted shall be assigned or transferred by such grantees, permittees, or licensees without the approval of the Secretary of the Interior first obtained in writing: And provided further, That the Secretary may, in his discretion, authorize such grantees, permittees, or licensees to execute mortgages and issue bonds, shares of stock, and other evidences of interest in or indebtedness upon their rights, properties, and franchises, for the purposes of installing, enlarging, or improving plant and equipment and extending facilities for the accommodation of the public within such national parks and monuments.

(Aug. 25, 1916, ch. 408, § 3, 39 Stat. 535; June 2, 1920, ch. 218, § 5, 41 Stat. 732; Mar. 7, 1928, ch. 137, § 1, 45 Stat. 235; May 29, 1958, Pub. L. 85-434, 72 Stat. 152.)

REFERENCES IN TEXT

Herein, referred to in text, means act Aug. 25, 1916, which is classified to this section and sections 1, 2, and 4 of this title.

AMENDMENTS

1958-Pub. L. 85-434 substituted "thirty years" for "twenty years".

1928-Act Mar. 7, 1928, inserted last three provisos. 1920-Act June 2, 1920, substituted "and any violation of any of the rules and regulations authorized by this section and sections 1, 2, and 4 of this title shall be punished by a fine of not more than $500 or imprisonment for not exceeding six months, or both, and be adjudged to pay all cost of the proceedings” for “and any violations of any of the rules and regulations authorized by this section and sections 1, 2, and 4 of this title shall be punished as provided for in section 50 of the Act entitled 'An Act to codify and amend the Penal Laws of the United States,' approved March 4, 1909, as amended by section 6 of the Act of June 25, 1910 (Thirty-sixth United States Statutes at Large, page 857,".

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

Maintenance and repair of Government improvements under concession contracts, see section 303c of Title 40, Public Buildings, Property, and Works. 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 ic of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1c, 4, 20, 20f, 21b, 22, 45f, 47-1, 61, 63, 791, 80d, 81g, 81h, 90c, 108, 111c, 112, 119, 158, 159b, 160f, 195, 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, 394, 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, 41027, 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, 4301, 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, 459d-4, 459h-4, 4591-5, 459j-4, 460, 460a-2, 460m-5, 460m-12, 460m-15, 460s-5, 460w-5, 460x-5, 460bb-3, 460cc-2, 460dd-3, 460ee, 460ff-3, 460hh-3, 460ii-2, 460kk, 460uu-2, 460ww-1, 460yy-1, 460eee-1, 460fff-1, 467b, 698c, 6981, 698n, 698r, 1133, 1902, 3125 of this title; title 30 section 1014; title 36 section 4614; title 40 sections 303c, 319c, 803, 804; title 48 section 1705.

§ 3a. Recovery of costs associated with special use permits

Notwithstanding any other provision of law, the National Park Service may on and after November 11, 1993, recover all costs of providing necessary services associated with special use permits, such reimbursements to be credited to the appropriation current at that time.

(Pub. L. 103-138, title I, Nov. 11, 1993, 107 Stat. 1387.)

SIMILAR PROVISIONS

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1384. Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 999. Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1923. Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 709. Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1788. Pub. L. 100-202, § 101(g) [title I], Dec. 22, 1987, 101 Stat. 1329-213, 1329-223.

Pub. L. 99-500, § 101(h) [title I], Oct. 18, 1986, 100 Stat. 1783-242, 1783-251, and Pub. L. 99-591, § 101(h) [title I], Oct. 30, 1986, 100 Stat. 3341-242, 3341-251.

§ 4. Rights-of-way through public lands

The provisions of sections 1, 2, and 3 of this title shall not affect or modify the provisions of section 79 of this title.

(Aug. 25, 1916, ch. 408, § 4, 39 Stat. 536.)

REFERENCES IN TEXT

Section 79 of this title, referred to in text, was in the original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790. For further details, see Codification note set out under section 79 of this title.

CROSS REFERENCES

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, 20, 20f, 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, 410, 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, 459d-4, 459h-4, 4591-5, 459j-4, 460, 460a-2, 460m-5, 460m-12, 460m-15, 460s-5, 460w-5, 460x-5, 460bb-3, 460cc-2, 460dd-3, 460ee, 460ff-3, 460hh-3, 460ii-2, 460kk, 460uu-2, 460ww-1, 460yy-1, 460eee-1, 460fff-1, 467b, 698c, 6981, 698n, 698r, 1133, 1902, 3125 of this title; title 30 section 1014; title 36 section 4614; title 40 sections 319c, 803, 804; title 48 section 1705.

§ 5. Rights-of-way through parks or reservations for power and communications facilities

The head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regula

tions to be fixed by him, to grant an easement for rights-of-way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for communication purposes, and for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to the extent of two hundred feet on each side of the center line of such lines and poles and not to exceed four hundred feet by four hundred feet for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right-of-way herein granted for any one or more of the purposes herein named: Provided, That such rightof-way shall be allowed within or through any national park or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all or any part of such right-of-way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment.

Any citizen, association, or corporation of the United States to whom there has been issued a permit, prior to March 4, 1911, for any of the purposes specified herein under any law existing at that date, may obtain the benefit of this section upon the same terms and conditions as shall be required of citizens, associations, or corporations making application under the provisions of this section subsequent to said date. (Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95.)

REPEALS

Section repealed by Pub. L. 94-579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System.

CODIFICATION

Section, insofar as it relates also to rights-of-way in military and other reservations and national forests, is also set out as sections 420 and 523 of this title, and, in so far as it relates to rights-of-way on public lands generally, and Indian reservations, is set out as section 961 of Title 43, Public Lands.

AMENDMENTS

1952-Act May 27, 1952, inserted reference to rightsof-way for radio, television, and other forms of communication, and increased from 40 feet to 400 feet the maximum width of rights-of-way for lines and poles.

SAVINGS PROVISION

Repeal by Pub. L. 94-579, insofar as applicable to the issuance of rights-of-way, not to be construed as

terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Public Lands.

CROSS REFERENCES

Issuance of licenses for construction, operation and maintenance of transmission lines, for development, transmission and utilization of power, across public lands and reservations, see section 797 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 section 1c of this title.

§ 6. Donations of lands within national parks and monuments and moneys

The Secretary of the Interior in his administration of the National Park Service is authorized, in his discretion, to accept patented lands, rights-of-way over patented lands or other lands, buildings, or other property within the various national parks and national monuments, and moneys which may be donated for the purposes of the national park and monument system.

(June 5, 1920, ch. 235, § 1, 41 Stat. 917.)

CROSS REFERENCES

Appropriation to cover cost of recording donated lands, see section 14c of this title.

Trust funds, donations for National Park Service deposited into Treasury as, see section 1321 of Title 31, Money and Finance.

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 lc of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1c of this title.

§ 6a. Repealed. Pub. L. 90-209, § 2, Dec. 18, 1967, 81 Stat. 656

Section, act July 10, 1935, ch. 375, § 4, 49 Stat. 478, related to acceptance of gifts or bequests of money. See section 19g of this title.

§ 7. Repealed. Oct. 31, 1951, ch. 654, § 1(35), 65 Stat. 702

Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to purchase of supplies or services for National Park Service. See section 5 of Title 41, Public Contracts.

§7a. Airports in national parks, monuments and recreation areas; construction, etc.

The Secretary of the Interior (hereinafter called the "Secretary") is authorized to plan, acquire, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports in the continental United States in, or in close proximity to, national parks, national monuments, and national recreation areas, when such airports are determined by him to be necessary to the proper performance of the functions of the Department of the Interior: Provided, That no such airport shall be acquired, established, or constructed by the Secretary unless such airport is included in the

then current revision of the national airport plan formulated by the Secretary of Transportation pursuant to the provisions of the Federal Airport Act: Provided further, That the operation and maintenance of such airports shall be in accordance with the standards, rules, or regulations prescribed by the Secretary of Transportation.

(Mar. 18, 1950, ch. 72, § 1, 64 Stat. 27; Aug. 23, 1958, Pub. L. 85-726, title XIV, § 1402(e), 72 Stat. 807; May 21, 1970, Pub. L. 91-258, title I, § 52(b)(1), 84 Stat. 235.)

REFERENCES IN TEXT

The Federal Airport Act, referred to in text, is act May 13, 1946, ch. 251, 60 Stat. 170, as amended, which was classified to chapter 14 (§ 1101 et seq.) of former Title 49, Transportation. The Act was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Pub. L. 91-258, title I, May 21, 1970, 84 Stat. 235). See chapter 471 of Title 49, Transportation.

AMENDMENTS

1970-Pub. L. 91-258 substituted "Secretary of Transportation" for "Administrator of the Federal Aviation Agency” in two places.

1958-Pub. L. 85-726 substituted "Administrator of the Federal Aviation Agency" for "Administrator of Civil Aeronautics" in two places.

EFFECTIVE DATE OF 1958 AmendmenT

Section 1505(2) of Pub. L. 85-726 provided that the amendment made by Pub. L. 85-726 is effective on 60th day following date on which the Administrator of the Federal Aviation Agency first appointed under Pub. L. 85-726 qualifies and takes office. The Administrator was appointed, qualified and took office on Oct. 31, 1958.

SECTION REFERRED TO IN Other SECTIONS

This section is referred to in sections 7b, 7c, 7e of this title.

§ 7b. Acquisition of lands for airport use; contracts for operation and maintenance

In order to carry out the purposes of sections
7a to 7e of this title, the Secretary is authorized
to acquire necessary lands and interests in or
over lands; to contract for the construction, im-
provement, operation, and maintenance of air-
ports and incidental facilities; to enter into
agreements with other public agencies provid-
ing for the construction, operation, or mainte-
nance of airports by such other public agencies
or jointly by the Secretary and such other
public agencies upon mutually satisfactory
terms; and to enter into such other agreements
and take such other action with respect to such
airports as may be necessary to carry out the
purposes of said sections: Provided, That noth-
ing in said sections shall be held to authorize
the Secretary to acquire any land, or interest in
or over land, by purchase, condemnation, grant,
or lease without first obtaining the consent of
the Governor of the State, and the consent of
the State political subdivision in which such
land is located: And provided further, That the
authorization herein granted shall not exceed
$3,500,000.

(Mar. 18, 1950, ch. 72, § 2, 64 Stat. 28; Nov. 5,
1966, Pub. L. 89-763, 80 Stat. 1313.)

« ÎnapoiContinuă »