54 U.S.C. § 100901 — Authority of Secretary to carry out cer-

Page 25 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100901 (1) adjust to how people learn and engage with the natural world and shared heritage as embodied in the System; (2) reflect different cultural backgrounds, ages, education, gender, abilities, ethnicity, and needs; (3) demonstrate innovative approaches to management and appropriately incorporate emerging learning and communications tech- nology; and (4) reflect current scientific and academic research, content, methods, and audience analysis. (Added Pub. L. 114–289, title III, § 301(a), Dec. 16, 2016, 130 Stat. 1487.) § 100804. Improved use of partners and volun- teers in interpretation and education The Secretary may— (1) coordinate with park partners and volun- teers in the delivery of quality programs and services to supplement those provided by the Service as part of a park’s Long Range Inter- pretive Plan; (2) support interpretive partners by pro- viding opportunities to participate in interpre- tive training; and (3) collaborate with other Federal and non- Federal public or private agencies, organiza- tions, or institutions for the purposes of devel- oping, promoting, and making available edu- cational opportunities related to resources of the System and programs. (Added Pub. L. 114–289, title III, § 301(a), Dec. 16, 2016, 130 Stat. 1487.) CHAPTER 1009—ADMINISTRATION Sec. 100901. Authority of Secretary to carry out certain activities. 100902. Rights of way for public utilities and power and communication facilities. 100903. Solid waste disposal operations. 100904. Admission and special recreation use fees. 100905. Filming and still photography in System units. 100906. Advisory committees. Editorial Notes AMENDMENTS 2025—Pub. L. 118–234, title I, § 125(a)(2), Jan. 4, 2025, 138 Stat. 2851, added item 100905 and struck out former item 100905 ‘‘Commercial filming’’. § 100901. Authority of Secretary to carry out cer- tain activities (a) IN GENERAL.—To facilitate the administra- tion of the System, the Secretary, under such terms and conditions as the Secretary may con- sider advisable, may carry out the activities de- scribed in this section. (b) SERVICES, RESOURCES, OR WATER CON- TRACTS.—The Secretary may enter into con- tracts that provide for the sale or lease to per- sons, States, or political subdivisions of States, of services, resources, or water available within a System unit, as long as the activity does not jeopardize or unduly interfere with the primary natural or historic resource of the System unit, if the person, State, or political subdivision— (1) provides public accommodations or serv- ices within the immediate vicinity of the Sys- tem unit to individuals visiting the System unit; and (2) demonstrates to the Secretary that there are no reasonable alternatives by which to ac- quire or perform the necessary services, re- sources, or water. (c) VEHICULAR AIR CONDITIONING.—The Sec- retary may acquire, and have installed, air con- ditioning units for any Government-owned pas- senger motor vehicles used by the 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. (d) UTILITY FACILITIES.—The Secretary may erect and maintain fire protection facilities, water lines, telephone lines, electric lines, and other utility facilities adjacent to any System unit, where necessary, to provide service in the System unit. (e) SUPPLIES AND RENTAL OF EQUIPMENT.—The Secretary may furnish, on a reimbursement of appropriation basis, supplies, and rent equip- ment, to persons and agencies that, in coopera- tion with and subject to the approval of the Sec- retary, render services or perform functions that facilitate or supplement the activities of the De- partment of the Interior in the administration of the System. The reimbursements may be credited to the appropriation current at the time reimbursements are received. (f) CONTRACTS FOR UTILITY FACILITIES.—The Secretary may contract, under terms and condi- tions that the 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 adminis- tration and protection of the System, regardless of whether the lines and facilities are located within or outside the System. (g) RIGHTS OF WAY NECESSARY TO CONSTRUCT, IMPROVE, AND MAINTAIN ROADS.—The Secretary may acquire— (1) rights of way necessary to construct, im- prove, and maintain roads within the author- ized boundaries of any System unit; and (2) land and interests in land adjacent to the rights of way, when— (A) considered necessary by the Sec- retary— (i) to provide adequate protection of nat- ural features; or (ii) to avoid traffic and other hazards re- sulting from private road access connec- tions; or (B) the acquisition of adjacent residual tracts, which otherwise would remain after acquiring the rights of way, would be in the public interest. (h) OPERATION AND MAINTENANCE OF MOTOR AND OTHER EQUIPMENT.— (1) IN GENERAL.—The Secretary may operate, repair, maintain, and replace motor and other equipment on a reimbursable basis when the equipment is used on Federal projects of the System, chargeable to other appropriations, or on work of other Federal agencies, when re- quested by the agencies. Page 26 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100902 (2) REIMBURSEMENT.—Reimbursement shall be— (A) 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 oper- ation, repair, maintenance, depreciation, and equipment management control; and (B) credited to appropriations currently available at the time adjustment is effected. (3) RENTAL OF EQUIPMENT FOR FIRE CONTROL PURPOSES.—The Secretary may rent equip- ment for fire control purposes to State, coun- ty, private, or other non-Federal agencies that cooperate with the Secretary in the adminis- tration of the System and other areas in fire control. The rental shall be under the terms of written cooperative agreements. The amount collected for the rentals shall be credited to appropriations currently available at the time payment is received. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3112.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100901(a) ..... 16 U.S.C. 1a–2 (mat- ter before (a)). Pub. L. 91–383, § 3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. 16 U.S.C. 1b (matter before (1)). Aug. 8, 1953, ch. 384, § 1 (mat- ter before (1)), (2), (5) through (8), 67 Stat. 495, 496; Pub. L. 91–383, § 2(a), Aug. 18, 1970, 84 Stat. 826. 100901(b) ..... 16 U.S.C. 1a–2(e). Pub. L. 91–383, § 3(e), Aug. 18, 1970, 84 Stat. 827; Pub. L. 94–458, § 1(1), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, § 118(2), (3), Mar. 10, 2000, 114 Stat. 28. 100901(c) ..... 16 U.S.C. 1a–2(f). Pub. L. 91–383, § 3(f), Aug. 18, 1970, 84 Stat. 827; Pub. L. 106–176, title I, § 118(2), (3), Mar. 10, 2000, 114 Stat. 28. 100901(d) ..... 16 U.S.C. 1b(2). 100901(e) through (h). 16 U.S.C. 1b(5) through (8). In subsection (a), the words ‘‘and he may use applica- ble appropriations for the aforesaid system for the fol- lowing purposes’’ in 16 U.S.C. 1b (matter before (1)) are omitted as unnecessary. § 100902. Rights of way for public utilities and power and communication facilities (a) PUBLIC UTILITIES.— (1) IN GENERAL.—Under regulations the Sec- retary prescribes, the Secretary may grant a right of way through a System unit to a cit- izen, association, or corporation of the United States that intends to use the right of way for— (A) electrical plants, poles, and lines for the generation and distribution of electrical power; (B) telephone and telegraph purposes; and (C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domes- tic, public, or any other beneficial uses. (2) EXTENT OF RIGHT OF WAY.—A right of way under this subsection shall be for— (A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and (B) not more than 50 feet— (i) on each side of the marginal limits of the ground; or (ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles. (3) APPROVAL.—A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Sec- retary and on a finding that the right of way is not incompatible with the public interest. (4) REVOCATION.—The Secretary may revoke a right of way under this subsection. (5) RIGHT, EASEMENT, OR INTEREST NOT CON- FERRED.—A right of way under this subsection does not confer any right, easement, or inter- est in, to, or over a System unit. (b) POWER AND COMMUNICATION FACILITIES.— (1) IN GENERAL.—Under regulations the Sec- retary prescribes, the Secretary may grant a right of way over, across, and on through a System unit to a citizen, association, or cor- poration of the United States that intends to use the right of way for— (A) electrical poles and lines for the trans- mission and distribution of electrical power; (B) poles and lines for communication pur- poses; and (C) radio, television, and other forms of communication transmitting, relay, and re- ceiving structures and facilities. (2) EXTENT OF RIGHT OF WAY.—A right of way under this subsection— (A) shall be for not more than 50 years from the date the right of way is granted; and (B) for— (i) lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and (ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities shall be for not more than 400 feet by 400 feet. (3) APPROVAL.—A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Sec- retary and on a finding that the right of way is not incompatible with the public interest. (4) FORFEITURE AND ANNULMENT.—The Sec- retary may forfeit and annul any part of a right of way under this subsection for— (A) nonuse for a period of 2 years; or (B) abandonment. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3113.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100902(a) ..... 16 U.S.C. 79. Feb. 15, 1901, ch.372 (relating to System units), 31 Stat. 790. 100902(b) ..... 16 U.S.C. 5. Mar. 4, 1911, ch. 238 (4th and last paragraphs (relating to System units) under heading ‘‘IMPROVEMENT OF THE NATIONAL FOREST’’ under heading ‘‘FOREST SERVICE’’), 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95.