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16 U.S.C. § 698u–3 — Administration of National Preserve

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 698u–3 — Administration of National Preserve

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Source location: Title 16, Chapter 6, § 698u–3; chapter-006-game-and-bird-preserves-protection.md

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**(a) In general** The Secretary shall administer the Preserve in accordance with sections 698u to 698u–7 of this title, the cooperative agreements described in subsection (f)(1), and the provisions of law generally applicable to units of the National Park System, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 ([16 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim), 2 through 4) 11 See References in Text note below. and the Act of August 21, 1935 (49 Stat. 666; [16 U.S.C. 461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section461&num=0&edition=prelim) et seq.).1 **(b) Application of regulations** With the consent of a private owner of land within the boundaries of the Preserve, the regulations issued by the Secretary concerning the National Park Service that provide for the proper use, management, and protection of persons, property, and natural and cultural resources shall apply to the private land. **(c) Facilities** For purposes of carrying out the duties of the Secretary under sections 698u to 698u–7 of this title relating to the Preserve, the Secretary may, with the consent of a landowner, directly or by contract, construct, reconstruct, rehabilitate, or develop essential buildings, structures, and related facilities including roads, trails, and other interpretive facilities on real property that is not owned by the Federal Government and is located within the Preserve. **(d) Liability** (1) **Liability of the United States and its officers and employees** — Except as otherwise provided in this subsection, the liability of the United States is subject to the terms and conditions of the Federal Tort Claims Act, as amended, [28 U.S.C. 2671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2671&num=0&edition=prelim) et seq., with respect to the claims arising by virtue of the Secretary’s administration of the Preserve pursuant to sections 698u to 698u–7 of this title. (2) **Liability of landowners** (A) The Secretary of the Interior is authorized, under such terms and conditions as he deems appropriate, to include in any cooperative agreement entered into in accordance with subsection (f)(1) an indemnification provision by which the United States agrees to hold harmless, defend and indemnify the landowner in full from and against any suit, claim, demand or action, liability, judgment, cost or other fee arising out of any claim of personal injury or property damage that occurs in connection with the operation of the Preserve under the agreement: Provided however, That indemnification shall not exceed $3 million per claimant per occurrence. (B) The indemnification provision authorized by subparagraph (A) shall not include claims for personal injury or property damage proximately caused by the wanton or willful misconduct of the landowner. **(e) Unit of National Park System** The Preserve shall be a unit of the National Park System for all purposes, including the purpose of exercising authority to charge entrance and admission fees under [section 100904 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100904&num=0&edition=prelim). **(f) Agreement and donations** (1) **Agreements** — The Secretary may expend Federal funds for the cooperative management of private property within the Preserve for research, resource management (including pest control and noxious weed control, fire protection, and the restoration of buildings), and visitor protection and use. (2) **Donations** — The Secretary may accept, retain, and expend donations of funds, property (other than real property), or services from individuals, foundations, corporations, or public entities for the purposes of providing programs, services, facilities, or technical assistance that further the purposes of sections 698u to 698u–7 of this title. **(g) General management plan** (1) **In general** — Not later than the end of the third full fiscal year beginning after November 12, 1996, the Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a general management plan for the Preserve. (2) **Consultation** — In preparing the general management plan, the Secretary, acting through the Director of the National Park Service, shall consult with— (A) (i) appropriate officials of the Trust; and (ii) the Advisory Committee; and (B) adjacent landowners, appropriate officials of nearby communities, the Kansas Department of Wildlife and Parks, the Kansas Historical Society, and other interested parties. (3) **Content of plan** — The general management plan shall provide for the following: (A) Maintaining and enhancing the tallgrass prairie within the boundaries of the Preserve. (B) Public access and enjoyment of the property that is consistent with the conservation and proper management of the historical, cultural, and natural resources of the ranch. (C) Interpretive and educational programs covering the natural history of the prairie, the cultural history of Native Americans, and the legacy of ranching in the Flint Hills region. (D) Provisions requiring the application of applicable State law concerning the maintenance of adequate fences within the boundaries of the Preserve. In any case in which an activity of the National Park Service requires fences that exceed the legal fence standard otherwise applicable to the Preserve, the National Park Service shall pay the additional cost of constructing and maintaining the fences to meet the applicable requirements for that activity. (E) Provisions requiring the Secretary to comply with applicable State noxious weed, pesticide, and animal health laws. (F) Provisions requiring compliance with applicable State water laws and Federal and State waste disposal laws (including regulations) and any other applicable law. (G) Provisions requiring the Secretary to honor each valid existing oil and gas lease for lands within the boundaries of the Preserve (as described in [section 698u–2(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section698u–2/b&num=0&edition=prelim)) that is in effect on November 12, 1996. (H) Provisions requiring the Secretary to offer to enter into an agreement with each individual who, as of November 12, 1996, holds rights for cattle grazing within the boundaries of the Preserve (as described in [section 698u–2(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section698u–2/b&num=0&edition=prelim)). (4) **Hunting and fishing** — The Secretary may allow hunting and fishing on Federal lands within the Preserve. (5) **Financial analysis** — As part of the development of the general management plan, the Secretary shall prepare a financial analysis indicating how the management of the Preserve may be fully supported through fees, private donations, and other forms of non-Federal funding.

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 100101 — Promotion and regulation

**(a) In General.—** The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. **(b) Declarations.—** (1) **1970 declarations.—** — Congress declares that— (A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions; (B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage; (C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and (D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System. (2) **1978 reaffirmation.—** — Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all the people of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 460 — Natchez Trace Parkway

All lands and easements heretofore and hereafter conveyed to the United States by the States of Mississippi, Alabama, and Tennessee for the right-of-way for the projected parkway between Natchez, Mississippi, and Nashville, Tennessee, together with sites acquired or to be acquired for recreational areas in connection therewith, and a right-of-way for said parkway of a width sufficient to include the highway and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum of two hundred feet through Government-owned lands (except that where small parcels of Government-owned lands would otherwise be isolated, or where topographic conditions or scenic requirements are such that bridges, ditches, cuts, fills, parking overlooks, and landscape development could not reasonably be confined to a width of two hundred feet, the said maximum may be increased to such width as may be necessary, with the written approval of the department or agency having jurisdiction over such lands) as designated on maps heretofore or hereafter approved by the Secretary of the Interior, shall be known as the Natchez Trace Parkway and shall be administered and maintained by the Secretary of the Interior through the National Park Service, subject to the provisions of the Act of Congress approved August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,11 See References in Text note below. the provisions of which Act, as amended and supplemented, are extended over and made applicable to said parkway: Provided, That the Secretary of Agriculture is authorized, with the concurrence of the Secretary of the Interior, to connect with said parkway such roads and trails as may be necessary for the protection, administration, or uti

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 100904 — Admission and special recreation use fees

**(a) System Units at Which Entrance Fees or Admissions Fees Cannot Be Collected.—** (1) **Withholding of amounts.—** — Notwithstanding section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83, 111 Stat. 1561), the Secretary shall withhold from the special account under section 807(a) of the Federal Lands Recreation Enhancement Act ([16 U.S.C. 6806(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6806/a&num=0&edition=prelim)) 100 percent of the fees and charges collected in connection with any System unit at which entrance fees or admission fees cannot be collected by reason of deed restrictions. (2) **Use of amounts.—** — Amounts withheld under paragraph (1) shall be retained by the Secretary and shall be available, without further appropriation, for expenditure by the Secretary for the System unit with respect to which the amounts were collected for the purposes of enhancing the quality of the visitor experience, protection of resources, repair and maintenance, interpretation, signage, habitat or facility enhancement, resource preservation, annual operation (including fee collection), maintenance, and law enforcement. **(b) Allocation of Funds to System Units.—** (1) **Allocation of funds on basis of need.—** — Ten percent of the funds made available to the Director under subsection (a) in each fiscal year shall be allocated among System units on the basis of need in a manner to be determined by the Director. (2) **Allocation of funds based on expenses and based on fees collected.—** (A) *In general.—* — Forty percent of the funds made available to the Director under subsection (a) in each fiscal year shall be allocated among System units in accordance with subparagraph (B) of

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 461 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, act Aug. 21, 1935, ch. 593, § 1, 49 Stat. 666, declared national policy with respect to historic sites, buildings, and objects of national significance. See [section 320101 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section320101&num=0&edition=prelim), National Park Service and Related Programs.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2671 — Definitions

As used in this chapter and sections 1346(b) and 2401(b) of this title, the term “Federal agency” includes the executive departments, the judicial and legislative branches, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, act Aug. 25, 1916, ch. 408, § 1, 39 Stat. 535; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 104–333, div. I, title VIII, § 814(e)(1), Nov. 12, 1996, 110 Stat. 4196, related to creation of National Park Service. See sections 100101(a), 100301, and 100302(a)(1), (2), (b), (c) of Title 54, National Park Service and Related Programs. #### Short Title of 2019 Amendment Pub. L. 116–9, § 1(a), Mar. 12, 2019, 133 Stat. 580, provided that: “This Act [see Tables for classification] may be cited as the ‘John D. Dingell, Jr. Conservation, Management, and Recreation Act’.” #### Short Title of 2008 Amendment Pub. L. 110–229, § 1(a), May 8, 2008, 122 Stat. 754, provided that: “This Act [see Tables for classification] may be cited as the ‘Consolidated Natural Resources Act of 2008’.” #### Short Title of 2004 Amendment Pub. L. 108–352, § 1, Oct. 21, 2004, 118 Stat. 1395, provided that: “This Act [see Tables for classification] may be cited as the ‘National Park System Laws Technical Amendments Act of 2004’.” #### Short Title of 2002 Amendment Pub. L. 107–236, § 1, Oct. 9, 2002, 116 Stat. 1483, provided that: “This Act [amending [section 460kk of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460kk&num=0&edition=prelim)] may be cited as the ‘Santa Monica Mountains National Recreation Area Boundary Adjustment Act’.” #### Short Title of 2000 Amendment Pub. L. 106–510, § 1, Nov. 13, 2000, 114 Stat. 2363, provided that: “This Act [see Tables for classification] may be cited as the ‘Hawaii Volcanoes National Park Adjustment Act of 2000’.” #### Short Title of 1983 Amendment Pub. L. 98–141, § 1, Oct. 31, 1983, 97 Stat.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,

Page 29 TITLE 16—CONSERVATION § 1a–1 Sec. SUBCHAPTER CXXXIV—RED CLIFFS NATIONAL CONSERVATION AREA 460www. Red Cliffs National Conservation Area. SUBCHAPTER CXXXV—BEAVER DAM WASH NATIONAL CONSERVATION AREA 460xxx. Beaver Dam Wash National Conservation Area. SUBCHAPTER CXXXVI—FORT STANTON-SNOWY RIVER CAVE NATIONAL CONSERVATION AREA 460yyy. Definitions. 460yyy–1. Establishment of the Fort Stanton- Snowy River Cave National Conserva- tion Area. 460yyy–2. Management of the Conservation Area. 460yyy–3. Authorization of appropriations. SUBCHAPTER CXXXVII—DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA 460zzz. Definitions. 460zzz–1. Dominguez-Escalante National Con- servation Area. 460zzz–2. Dominguez Canyon Wilderness Area. 460zzz–3. Maps and legal descriptions. 460zzz–4. Management of Conservation Area and Wilderness. 460zzz–5. Management plan. 460zzz–6. Advisory Council. 460zzz–7. Authorization of appropriations. SUBCHAPTER CXXXVIII—NELLIS DUNES OFF- HIGHWAY VEHICLE RECREATION AREA 460aaaa. Nellis Dunes Off-Highway Vehicle Recre- ation Area. SUBCHAPTER CXXXIX—ASHLEY KARST NATIONAL RECREATION AND GEOLOGIC AREA 460bbbb. Ashley Karst National Recreation and Geologic Area. SUBCHAPTER CXL—JOHN WESLEY POWELL NATIONAL CONSERVATION AREA 460cccc. John Wesley Powell National Conserva- tion Area. SUBCHAPTER CXLI—SAN RAFAEL SWELL RECREATION AREA 460dddd. Establishment of Recreation Area. 460dddd–1. Management of Recreation Area. 460dddd–2. San Rafael Swell Recreation Area Advi- sory Council. SUBCHAPTER CXLII—VINAGRE WASH SPECIAL MANAGEMENT AREA 460eeee. Vinagre Wash Special Management Area. SUBCHAPTER CXLIII—ALABAMA HILLS NATIONAL SCENIC AREA 460ffff. Definitions. 460ffff–1. Alabama Hills National Scenic Area, Califor

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 461 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,

Page 894 TITLE 16—CONSERVATION § 461 Sec. 469h. Comprehensive plan for Reserve Develop- ment. 469i to 469k. Repealed. 469k–1. Transferred or Repealed. 469l. Omitted or Transferred. 469l–1 to 469l–3. Repealed. 469m. Repealed or Omitted. 469n. Preserve America Program. 469o. Repealed. SUBCHAPTER II—NATIONAL HISTORIC PRESERVATION 470, 470–1. Transferred, Omitted, or Repealed. PART A—PROGRAMS 470a to 470h–5. Repealed. PART B—ADVISORY COUNCIL ON HISTORIC PRESERVATION 470i to 470v–2. Repealed. PART C—GENERAL AND MISCELLANEOUS 470w to 470w–8. Repealed. PART D—NATIONAL CENTER FOR PRESERVATION TECHNOLOGY AND TRAINING 470x to 470x–6. Repealed. SUBCHAPTER I—GENERAL PROVISIONS § 461. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, act Aug. 21, 1935, ch. 593, § 1, 49 Stat. 666, de- clared national policy with respect to historic sites, buildings, and objects of national significance. See sec- tion 320101 of Title 54, National Park Service and Re- lated Programs. § 462. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, act Aug. 21, 1935, ch. 593, § 2, 49 Stat. 666; Pub. L. 89–249, § 8, Oct. 9, 1965, 79 Stat. 971, related to admin- istration by Secretary of the Interior. See section 1866(a) of Title 18, Crimes and Criminal Procedure, and section 320102 of Title 54, National Park Service and Related Programs. § 463. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, act Aug. 21, 1935, ch. 593, § 3, 49 Stat. 667; Pub. L. 91–383, § 9, Aug. 18, 1970, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95–625, title VI, § 604(2), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 101–628, title XII, §§ 1211, 1212, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 104–333, div. I, title

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2671 — Definitions

Page 638 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2671 ‘‘(B) the date that is 180 days after the date on which the claim is denied under section 2675 of title 28, United States Code. ‘‘(3) INAPPLICABILITY OF OTHER LIMITATIONS.—Any applicable statute of repose or statute of limitations, other than under paragraph (2), shall not apply to a claim under this section.’’ § 2671. Definitions As used in this chapter and sections 1346(b) and 2401(b) of this title, the term ‘‘Federal agen- cy’’ includes the executive departments, the ju- dicial and legislative branches, the military de- partments, independent establishments of the United States, and corporations primarily act- ing as instrumentalities or agencies of the United States, but does not include any con- tractor with the United States. ‘‘Employee of the government’’ includes (1) of- ficers or employees of any federal agency, mem- bers of the military or naval forces of the United States, members of the National Guard while engaged in training or duty under section 115, 316, 502, 503, 504, or 505 of title 32, and persons acting on behalf of a federal agency in an offi- cial capacity, temporarily or permanently in the service of the United States, whether with or without compensation, and (2) any officer or em- ployee of a Federal public defender organization, except when such officer or employee performs professional services in the course of providing representation under section 3006A of title 18. ‘‘Acting within the scope of his office or em- ployment’’, in the case of a member of the mili- tary or naval forces of the United States or a member of the National Guard as defined in sec- tion 101(3) of title 32, means acting in line of duty. (June 25, 1948, ch. 646, 62 Stat. 982; May 24, 1949,

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