54 U.S.C. § 103101 — Availability and use of appropriations

Page 67 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 103101 CHAPTER 1029—LAND TRANSFERS Sec. 102901. Conveyance of property and interests in prop- erty in System units or related areas. § 102901. Conveyance of property and interests in property in System units or related areas (a) FREEHOLD AND LEASEHOLD INTERESTS.— With respect to any property acquired by the Secretary within a System unit or related area, except property within national parks or within national monuments of scientific significance, the Secretary may convey a freehold or lease- hold interest in the property, subject to such terms and conditions as will ensure the use of the property in a manner that is, in the judg- ment of the Secretary, consistent with the pur- pose for which the System unit or related area was authorized by Congress. The Secretary shall convey the interest to the highest bidder, in ac- cordance with such regulations as the Secretary may prescribe. The conveyance shall be at not less than the fair market value of the interest, as determined by the Secretary, except that if the conveyance is proposed within 2 years after the property to be conveyed is acquired by the Secretary, the Secretary shall allow the last owner of record of the property 30 days following the date on which the owner is notified by the Secretary in writing that the property is to be conveyed within which to notify the Secretary that the owner wishes to acquire the interest. On receiving the timely request, the Secretary shall convey the interest to the person, in ac- cordance with such regulations as the Secretary may prescribe, on payment or agreement to pay an amount equal to the highest bid price. (b) EXCHANGE OF LAND.— (1) IN GENERAL.—The Secretary may accept title to any non-Federal property or interest in property within a System unit or related area under the Secretary’s administration in exchange for any Federally-owned property or interest under the Secretary’s jurisdiction that the Secretary determines is suitable for exchange or other disposal and that is located in the same State as the non-Federal property to be acquired. (2) EXCEPTION.—Timberland subject to har- vest under a sustained yield program shall not be exchanged under paragraph (1). (3) PUBLIC HEARING.—On request of a State or a political subdivision thereof, or of a party in interest, prior to an exchange under this subsection the Secretary shall hold a public hearing in the area where the properties to be exchanged are located. (4) VALUES OF PROPERTIES EXCHANGED.—The values of the properties exchanged— (A) shall be approximately equal; or (B) if they are not approximately equal, shall be equalized by the payment of cash to the grantor from funds appropriated for the acquisition of land for the area, or to the Secretary, as the circumstances require. (c) PROCEEDS CREDITED TO LAND AND WATER CONSERVATION FUND.—The proceeds received from any conveyance under this section shall be credited to the Land and Water Conservation Fund. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3162.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102901(a), (b). 16 U.S.C. 460l–22(a), (b). Pub. L. 90–401, § 5(a), (b), July 15, 1968, 82 Stat. 356. 102901(c) ..... 16 U.S.C. 460l–22(d). Pub. L. 90–401, § 5(d), July 15, 1968, 82 Stat. 356; Pub. L. 98–506, § 2, Oct. 19, 1984, 98 Stat. 2338. CHAPTER 1031—APPROPRIATIONS AND ACCOUNTING Sec. 103101. Availability and use of appropriations. 103102. Appropriations authorized and available for certain purposes. 103103. Amounts provided by private entities for util- ity services. 103104. Recovery of costs associated with special use permits. § 103101. Availability and use of appropriations (a) CREDITS OF RECEIPTS FOR MEALS AND QUAR- TERS FURNISHED FEDERAL GOVERNMENT EMPLOY- EES IN THE FIELD.—Cash collections and payroll deductions made for meals and quarters fur- nished by the Service to employees of the Fed- eral Government in the field and to cooperating agencies may be credited as a reimbursement to the current appropriation for the administration of the System unit in which the accommoda- tions are furnished. (b) AVAILABILITY FOR EXPENSE OF RECORDING DONATED LAND.—Appropriations made for the Service shall be available for any expenses inci- dent to the preparation and recording of title evidence covering land to be donated to the United States for administration by the Service. (c) USE OF FUNDS FOR LAW ENFORCEMENT AND EMERGENCIES.— (1) IN GENERAL.—Funds, not to exceed $250,000 per incident, available to the Service may be used, with the approval of the Sec- retary, to— (A) maintain law and order in emergency and other unforeseen law enforcement situa- tions; and (B) conduct emergency search and rescue operations in the System. (2) REPLENISHMENT OF FUNDS.—If the Sec- retary expends funds under paragraph (1), the funds shall be replenished by a supplemental appropriation for which the Secretary shall make a request as promptly as possible. (d) CONTRIBUTION FOR ANNUITY BENEFITS.— (1) IN GENERAL.—Necessary amounts are ap- propriated for reimbursement, pursuant to the Policemen and Firemen’s Retirement and Dis- ability Act amendments of 1957 (Public Law 85–157, 71 Stat. 391), to the District of Colum- bia on a monthly basis for benefit payments by the District of Columbia to United States Park Police annuitants under section 12 of the Policemen and Firemen’s Retirement and Dis- ability Act (ch. 433, 39 Stat. 718), to the extent that those payments exceed contributions made by active Park Police members covered under the Policemen and Firemen’s Retire- ment and Disability Act. Page 68 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 103102 (2) NONAVAILABILITY OF APPROPRIATIONS TO THE SERVICE.—Appropriations made to the Service are not available for the purpose of making reimbursements under paragraph (1). (e) WATERPROOF FOOTWEAR.—Appropriations for the Service that are available for the pur- chase of equipment may be used for purchase of waterproof footwear, which shall be regarded and listed as System equipment. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3163.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 103101(a) ..... 16 U.S.C. 14b. May 9, 1935, ch. 101, § 1 (34th undesignated paragraph under heading ‘‘NA- TIONAL PARK SERV- ICE’’), 49 Stat. 209. 16 U.S.C. 456a. 103101(b) ..... 16 U.S.C. 14c. June 28, 1941, ch. 259, § 1 (41st undesignated para- graph under heading ‘‘NA- TIONAL PARK SERV- ICE’’), 55 Stat. 350. 103101(c) ..... 16 U.S.C. 14d. Pub. L. 102–381, title I, (1st proviso in paragraph under heading ‘‘ADMINIS- TRATIVE PROVISIONS’’ under heading ‘‘NATIONAL PARK SERVICE’’), Oct. 5, 1992, 106 Stat. 1384; Pub. L. 103–332, title I, (3d proviso in paragraph under head- ing ‘‘ADMINISTRATIVE PRO- VISIONS’’ under heading ‘‘NATIONAL PARK SERV- ICE’’), Sept. 30, 1994, 108 Stat. 2507. 103101(d) ..... 16 U.S.C. 14e. Pub. L. 107–63, title I, (para- graph under heading ‘‘CONTRIBUTION FOR ANNU- ITY BENEFITS’’ under head- ing ‘‘NATIONAL PARK SERVICE’’), Nov. 5, 2001, 115 Stat. 424. 103101(e) ..... 16 U.S.C. 15. Mar. 7, 1928, ch. 137, § 1 (28th undesignated paragraph under heading ‘‘NA- TIONAL PARK SERV- ICE’’), 45 Stat. 238. In subsection (a), the word ‘‘Hereafter’’ in section 1 (last paragraph on p. 209) of the Act of May 9, 1935 (ch. 101, 49 Stat. 209) is omitted as obsolete. In subsection (b), the word ‘‘Hereafter’’ in section 1 (6th complete paragraph on p. 350) of the Act of June 28, 1941 (ch. 259, 55 Stat. 350) is omitted as obsolete. In subsection (c), the words ‘‘On and after October 5, 1992’’ are omitted as obsolete. In subsection (d), the words ‘‘the Policemen and Fire- men’s Retirement and Disability Act amendments of 1957 (Public Law 85–157, 71 Stat. 391)’’ are substituted for ‘‘Public Law 85–157’’ for clarity. The words ‘‘Police- men and Firemen’s Retirement and Disability Act (ch. 433, § 12, 39 Stat. 718)’’ are substituted for ‘‘Policeman and Fireman’s Retirement and Disability Act (Act)’’ because of section 12(r) of the Policemen and Firemen’s Retirement and Disability Act, as amended by section 3 of the Policemen and Firemen’s Retirement and Dis- ability Act amendments of 1957 (Public Law 85–157, 71 Stat. 399). The words ‘‘(not heretofore made)’’ and ‘‘hereafter’’ are omitted as obsolete. In subsection (e), the words ‘‘whenever made’’ are omitted as obsolete. Editorial Notes REFERENCES IN TEXT The Policemen and Firemen’s Retirement and Dis- ability Act amendments of 1957, referred to in subsec. (d)(1), is Pub. L. 85–157, Aug. 21, 1957, 71 Stat. 391, which is not classified to the Code. The Policemen and Firemen’s Retirement and Dis- ability Act, referred to in subsec. (d)(1), is act Sept. 1, 1916, ch. 433, § 12, as added Pub. L. 85–157, § 3, Aug. 21, 1957, 71 Stat. 391, which is not classified to the Code. § 103102. Appropriations authorized and avail- able for certain purposes Appropriations for the Service are authorized and are available for— (1) administration, protection, improvement, and maintenance of areas, under the jurisdic- tion of other Federal agencies, that are de- voted to recreational use pursuant to coopera- tive agreements; (2) necessary local transportation and sub- sistence in kind of individuals selected for em- ployment or as cooperators, serving without other compensation, while attending fire pro- tection training camps; (3) administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal; (4) educational lectures in or in the vicinity of and with respect to System units, and serv- ices of field employees in cooperation with such nonprofit scientific and historical soci- eties engaged in educational work in System units as the Secretary may designate; (5) travel expenses of employees attending— (A) Federal Government camps for train- ing in forest fire prevention and suppression; (B) the Federal Bureau of Investigation National Police Academy; and (C) Federal, State, or municipal schools for training in building fire prevention and suppression; (6) investigation and establishment of water rights in accordance with local custom, laws, and decisions of courts, including the acquisi- tion of water rights or of land or interests in land or rights-of-way for use and protection of water rights necessary or beneficial in the ad- ministration and public use of System units; (7) official telephone service in the field in the case of official telephones installed in pri- vate houses when authorized under regulations established by the Secretary; and (8) provision of transportation for children in nearby communities to and from any Sys- tem unit used in connection with organized recreation and interpretive programs of the Service. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3164.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 103102 ......... 16 U.S.C. 1d. Aug. 8, 1953, ch. 384, § 3, 67 Stat. 496. 16 U.S.C. 17j–2(b) through (g), (i), (j). Aug. 7, 1946, ch. 788, (b) through (g), (i), (j), 60 Stat. 885, 886; Pub. L. 104–333, div. I, title VIII, § 802, Nov. 12, 1996, 110 Stat. 4186. Before paragraph (1), the words ‘‘On and after August 8, 1953’’ in 16 U.S.C. 1d are omitted as obsolete. § 103103. Amounts provided by private entities for utility services Notwithstanding any other provision of law, amounts provided to the Service by private enti- ties for utility services shall be credited to the