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16 USC SECTION 1a-2
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER I - NATIONAL PARK SERVICE
In order to facilitate the administration of the national park
system, the Secretary of the Interior is authorized, under such
terms and conditions as he may deem advisable, to carry out the
following activities:
(a) Transportation
Provide transportation of employees located at isolated areas
of the national park system and to members of their families,
where (1) such areas are not adequately served by commercial
transportation, and (2) such transportation is incidental to
official transportation services.
(b) Recreation
Provide recreation facilities, equipment, and services for use
by employees and their families located at isolated areas of the
national park system.
(c) Advisory committees; compensation and travel expenses
Appoint and establish such advisory committees in regard to the
functions of the National Park Service as he may deem advisable,
members of which shall receive no compensation for their services
as such but who shall be allowed necessary travel expenses as
authorized by section 5703 of title 5.
(d) Park equipment purchases
Purchase field and special purpose equipment required by
employees for the performance of assigned functions which shall
be regarded and listed as park equipment.
(e) Services, resources, or water contracts
Enter into contracts which provide for the sale or lease to
persons, States, or their political subdivisions, of services,
resources, or water available within an area of the national park
system, as long as such activity does not jeopardize or unduly
interfere with the primary natural or historic resource of the
area involved, if such person, State, or its political
subdivision -
(1) provides public accommodations or services within the
immediate vicinity of an area of the national park system to
persons visiting the area; and
(2) has demonstrated to the Secretary that there are no
reasonable alternatives by which to acquire or perform the
necessary services, resources, or water.
(f) Vehicular air-conditioning
Acquire, and have installed, air-conditioning units for any
Government-owned passenger motor vehicles used by the National
Park 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.
(g) Exhibits and demonstrations; sale of products and services;
contracts and cooperative arrangements; credits to
appropriation
Sell at fair market value without regard to the requirements of
the Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 471 et seq.), products and services produced
in the conduct of living exhibits and interpretive demonstrations
in areas of the national park system, to enter into contracts
including cooperative arrangements with respect to such living
exhibits and interpretive demonstrations, and to credit the
proceeds therefrom to the appropriation bearing the cost of such
exhibits and demonstrations. Sixty percent of the fees paid by
permittees for the privilege of entering into Glacier Bay for the
period beginning on the first full fiscal year following November
12, 1996, shall be deposited into a special account and that such
funds shall be available -
(1) to the extent determined necessary, to acquire and
preposition necessary and adequate emergency response equipment
to prevent harm or the threat of harm to aquatic park resources
from permittees; and
(2) to conduct investigations to quantify any effect of
permittees' activity on wildlife and other natural resource
values of Glacier Bay National Park. The investigations
provided for in this subsection shall be designed to provide
information of value to the Secretary, in determining any
appropriate limitations on permittees' activity in Glacier Bay.
The Secretary may not impose any additional permittee operating
conditions in the areas of air, water, and oil pollution beyond
those determined and enforced by other appropriate agencies.
When competitively awarding permits to enter Glacier Bay, the
Secretary may take into account the relative impact particular
permittees will have on park values and resources, provided
that no operating conditions or limitations relating to noise
abatement shall be imposed unless the Secretary determines,
based on the weight of the evidence from all available studies
including verifiable scientific information from the
investigations provided for in this subsection, that such
limitations or conditions are necessary to protect park values
and resources. Fees paid by certain permittees for the
privilege of entering into Glacier Bay shall not exceed $5 per
passenger. For the purposes of this subsection, ''certain
permittee'' shall mean a permittee which provides overnight
accommodations for at least 500 passengers for an itinerary of
at least 3 nights, and ''permittee'' shall mean a
concessionaire providing visitor services within Glacier Bay.
Nothing in this subsection authorizes the Secretary to require
additional categories of permits in, or otherwise increase the
number of permits to enter Glacier Bay National Park.
(h) Regulations; promulgation and enforcement
Promulgate and enforce regulations concerning boating and other
activities on or relating to waters located within areas of the
National Park System, including waters subject to the
jurisdiction of the United States: Provided, That any regulations
adopted pursuant to this subsection shall be complementary to,
and not in derogation of, the authority of the United States
Coast Guard to regulate the use of waters subject to the
jurisdiction of the United States.
(i) United States Park Police and other National Park Service
employees; meals and lodging
Provide meals and lodging, as the Secretary deems appropriate,
for members of the United States Park Police and other employees
of the National Park Service, as he may designate, serving
temporarily on extended special duty in areas of the National
Park System, and for this purpose he is authorized to use funds
appropriated for the expenses of the Department of the Interior.
(j) Cooperative research and training programs
Enter into cooperative agreements with public or private
educational institutions, States, and their political
subdivisions, for the purpose of developing adequate,
coordinated, cooperative research and training programs
concerning the resources of the National Park System, and,
pursuant to any such agreements, to accept from and make
available to the cooperator such technical and support staff,
financial assistance for mutually agreed upon research projects,
supplies and equipment, facilities, and administrative services
relating to cooperative research units as the Secretary deems
appropriate; except that this paragraph shall not waive any
requirements for research projects that are subject to the
Federal procurement regulations.
(k) Leases
(1) In general
Except as provided in paragraph (2) and subject to paragraph
(3), the Secretary may enter into a lease with any person or
governmental entity for the use of buildings and associated
property administered by the Secretary as part of the National
Park System.
(2) Prohibited activities
The Secretary may not use a lease under paragraph (1) to
authorize the lessee to engage in activities that are subject
to authorization by the Secretary through a concessions
contract, commercial use authorization, or similar instrument.
(3) Use
Buildings and associated property leased under paragraph (1)
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(A) shall be used for an activity that is consistent with
the purposes established by law for the unit in which the
building is located;
(B) shall not result in degradation of the purposes and
values of the unit; and
(C) shall be compatible with National Park Service
programs.
(4) Rental amounts
(A) In general
With respect to a lease under paragraph (1) -
(i) payment of fair market value rental shall be
required; and
(ii) section 303b of title 40 shall not apply.
(B) Adjustment
The Secretary may adjust the rental amount as appropriate
to take into account any amounts to be expended by the lessee
for preservation, maintenance, restoration, improvement, or
repair and related expenses.
(C) Regulation
The Secretary shall promulgate regulations implementing
this subsection that includes provisions to encourage and
facilitate competition in the leasing process and provide for
timely and adequate public comment.
(5) Special account
(A) Deposits
Rental payments under a lease under paragraph (1) shall be
deposited in a special account in the Treasury of the United
States.
(B) Availability
Amounts in the special account shall be available until
expended, without further appropriation, for infrastructure
needs at units of the National Park System, including -
(i) facility refurbishment;
(ii) repair and replacement;
(iii) infrastructure projects associated with park
resource protection; and
(iv) direct maintenance of the leased buildings and
associated properties.
(C) Accountability and results
The Secretary shall develop procedures for the use of the
special account that ensure accountability and demonstrated
results consistent with this Act.
(l) Cooperative management agreements
(1) In general
Where a unit of the National Park System is located adjacent
to or near a State or local park area, and cooperative
management between the National Park Service and a State or
local government agency of a portion of either park will allow
for more effective and efficient management of the parks, the
Secretary may enter into an agreement with a State or local
government agency to provide for the cooperative management of
the Federal and State or local park areas. The Secretary may
not transfer administration responsibilities for any unit of
the National Park System under this paragraph.
(2) Provision of goods and services
Under a cooperative management agreement, the Secretary may
acquire from and provide to a State or local government agency
goods and services to be used by the Secretary and the State or
local governmental agency in the cooperative management of
land.
(3) Assignment
An assignment arranged by the Secretary under section 3372 of
title 5 of a Federal, State, or local employee for work in any
Federal, State, or local land or an extension of such an
assignment may be for any period of time determined by the
Secretary and the State or local agency to be mutually
beneficial.
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