54 U.S.C. § 100507 — Additional areas for System

Page 16 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100507 (B) acquire by donation, purchase with do- nated funds, transfer from any other Federal agency, or exchange, land, water, or inter- ests in land or water adjacent to the System unit, except that in exercising the Sec- retary’s authority under this subparagraph the Secretary— (i) shall not alienate property adminis- tered as part of the System to acquire land by exchange; (ii) shall not acquire property without the consent of the owner; and (iii) may acquire property owned by a State or political subdivision of a State only by donation. (2) CONSULTATION.—Prior to making a deter- mination under this subsection, the Secretary shall consult with the governing body of the county, city, town, or other jurisdiction or ju- risdictions having primary taxing authority over the land or interest to be acquired as to the impacts of the proposed action. (3) ACTION TO ADVANCE LOCAL PUBLIC AWARE- NESS.—The Secretary shall take such steps as the Secretary considers appropriate to ad- vance local public awareness of the proposed action. (4) ADMINISTRATION OF ACQUISITIONS.—Land, water, and interests in land or water acquired in accordance with this subsection shall be ad- ministered as part of the System unit to which they are added, subject to the laws and regula- tions applicable to the System unit. (5) WHEN AUTHORITY APPLIES.—For the pur- poses of paragraph (1)(A), in all cases except the case of technical boundary changes (re- sulting from such causes as survey error or changed road alignments), the authority of the Secretary under paragraph (1)(A) shall apply only if each of the following conditions is met: (A) The sum of the total acreage of the land, water, and interests in land or water to be added to the System unit and the total acreage of the land, water, and interests in land or water to be deleted from the System unit is not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than 200 acres. (B) The acquisition, if any, is not a major Federal action significantly affecting the quality of the human environment, as deter- mined by the Secretary. (C) The sum of the total appraised value of the land, water, and interests in land or water to be added to the System unit and the total appraised value of the land, water, and interests in land or water to be deleted from the System unit does not exceed $750,000. (D) The proposed boundary change is not an element of a more comprehensive bound- ary change proposal. (E) The proposed boundary has been sub- ject to a public review and comment period. (F) The Director obtains written consent for the boundary change from all property owners whose land, water, or interests in land or water, or a portion of whose land, water, or interests in land or water, will be added to or deleted from the System unit by the boundary change. (G) The land abuts other Federal land ad- ministered by the Director. (6) ACT OF CONGRESS REQUIRED.—Minor boundary changes involving only deletions of acreage owned by the Federal Government and administered by the Service may be made only by Act of Congress. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3100.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100506(a) ..... 16 U.S.C. 1a–12. Pub. L. 101–628, title XII, §§ 1216, 1217, Nov. 28, 1990, 104 Stat. 4508. 100506(b) ..... 16 U.S.C. 1a–13. 100506(c) ..... 16 U.S.C. 460l–9(c). Pub. L. 88–578, title I, § 7(c), formerly § 6(c), as added Pub. L. 95–42, § 1(5), June 10, 1977, 91 Stat. 211; Pub. L. 96–203, § 2(2), Mar. 10, 1980, 94 Stat. 81; Pub. L. 103–437, § 6(p)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104–333, div. I, title VIII, § 814(b), Nov. 12, 1996, 110 Stat. 4194; Pub. L. 106–176, title I, §§ 120(b), 129, Mar. 10, 2000, 114 Stat. 28, 30. In subsection (a), before paragraph (1), the word ‘‘maintain’’ is substituted for ‘‘Within one year after November 28, 1990 . . . develop’’ to eliminate obsolete words. In paragraph (3), the reference to paragraph (c) in 16 U.S.C. 1a–12 is treated as a reference to 16 U.S.C. 1a–11(c) for clarity. In subsection (b), before paragraph (1), the words ‘‘after November 28, 1990’’ are omitted as obsolete. § 100507. Additional areas for System (a) MONITORING AREAS FOR INCLUSION IN SYS- TEM.—The Secretary shall investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities of national significance and that may have potential for in- clusion in the System. (b) SUBMISSION OF LIST OF AREAS REC- OMMENDED FOR STUDY FOR POTENTIAL INCLU- SION.— (1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of each calendar year, with the an- nual budget submission, the Secretary shall submit to the Committee on Natural Re- sources of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate a list of areas rec- ommended for study for potential inclusion in the System. (2) FACTORS TO BE CONSIDERED.—In devel- oping the list to be submitted under this sub- section, the Secretary shall consider— (A) the areas that have the greatest poten- tial to meet the established criteria of na- tional significance, suitability, and feasi- bility; (B) themes, sites, and resources not al- ready adequately represented in the System; and (C) public petitions and Congressional res- olutions. (3) ACCOMPANYING SYNOPSIS.—Accompanying the annual listing of areas shall be a synopsis, for each report previously submitted, of the current and changed condition of the resource integrity of the area and other relevant fac- tors, compiled as a result of continual periodic Page 17 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100507 monitoring and embracing the period since the previous submission or initial report submis- sion one year earlier. (4) CONGRESSIONAL AUTHORIZATION RE- QUIRED.—No study of the potential of an area for inclusion in the System may be initiated except as provided by specific authorization of an Act of Congress. (5) AUTHORITY TO CONDUCT CERTAIN ACTIVI- TIES NOT LIMITED.—This section and sections 100901(b), 101702(b) and (c), and 102102 of this title do not limit the authority of the Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative des- ignations, update previous studies, or com- plete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000. (6) STUDY OF RIVERS OR TRAILS NOT AF- FECTED.—This section does not apply to or af- fect or alter the study of— (A) any river segment for potential addi- tion to the national wild and scenic rivers system; or (B) any trail for potential addition to the national trails system. (c) STUDY OF AREAS FOR POTENTIAL INCLU- SION.— (1) STUDY TO BE COMPLETED WITHIN 3 YEARS.— The Secretary shall complete the study for each area for potential inclusion in the Sys- tem within 3 complete fiscal years following the date on which funds are first made avail- able for that purpose. (2) OPPORTUNITY FOR PUBLIC INVOLVEMENT REQUIRED.—Each study under this section shall be prepared with appropriate oppor- tunity for public involvement, including at least one public meeting in the vicinity of the area under study, and after reasonable efforts to notify potentially affected landowners and State and local governments. (3) CONSIDERATIONS.—In conducting the study, the Secretary shall consider whether the area under study— (A) possesses nationally significant nat- ural or cultural resources and represents one of the most important examples of a par- ticular resource type in the country; and (B) is a suitable and feasible addition to the System. (4) SCOPE OF STUDY.—Each study— (A) with regard to the area being studied, shall consider— (i) the rarity and integrity of the re- sources; (ii) the threats to those resources; (iii) whether similar resources are al- ready protected in the System or in other public or private ownership; (iv) the public use potential; (v) the interpretive and educational po- tential; (vi) costs associated with acquisition, de- velopment, and operation; (vii) the socioeconomic impacts of any designation; (viii) the level of local and general public support; and (ix) whether the area is of appropriate configuration to ensure long-term resource protection and visitor use; (B) shall consider whether direct Service management or alternative protection by other public agencies or the private sector is appropriate for the area; (C) shall identify what alternative or com- bination of alternatives would in the profes- sional judgment of the Director be most ef- fective and efficient in protecting signifi- cant resources and providing for public en- joyment; and (D) may include any other information that the Secretary considers to be relevant. (5) COMPLIANCE WITH NATIONAL ENVIRON- MENTAL POLICY ACT OF 1969.—Each study shall be completed in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (6) RECOMMENDATION OF PREFERRED MANAGE- MENT OPTION.—The letter transmitting each completed study to Congress shall contain a recommendation regarding the Secretary’s preferred management option for the area. (d) LIST OF AREAS PREVIOUSLY STUDIED.— (1) SUBMISSION OF LIST.—At the beginning of each calendar year, with the annual budget submission, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on En- ergy and Natural Resources of the Senate, in numerical order of priority for addition to the System— (A) a list of areas that have been pre- viously studied that contain primarily his- torical resources; and (B) a list of areas that have been pre- viously studied that contain primarily nat- ural resources. (2) CONSIDERATIONS.—In developing the lists, the Secretary should consider threats to re- source values, cost escalation factors, and other factors listed in subsection (c). (3) AREAS ELIGIBLE FOR INCLUSION.—The Sec- retary should include on the lists only areas for which the supporting data are current and accurate. (e) LIST OF AREAS THAT EXHIBIT DANGER OR THREATS TO THE INTEGRITY OF THEIR RE- SOURCES.—At the beginning of each fiscal year, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a complete and current list of all areas listed on the Registry of Natural Land- marks, and areas of national significance listed on the National Register of Historic places, that exhibit known or anticipated damage or threats to the integrity of their resources, with nota- tions as to the nature and severity of the dam- age or threats. (f) REPORTS AND LISTINGS PRINTED AS HOUSE DOCUMENTS.—Each report and annual listing de- scribed in this section shall be printed as a House document. If adequate supplies of pre- viously printed identical reports remain avail- able, newly submitted identical reports shall be omitted from printing on receipt by the Speaker of the House of Representatives of a joint letter Page 18 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100701 1 So in original. Probably should be ‘‘AND’’. from the chairman of the Committee on Natural Resources of the House of Representatives and the chairman of the Committee on Energy and Natural Resources of Senate indicating that to be the case. (g) DESIGNATION OF OFFICE.—The Secretary shall designate a single office to prepare all new area studies and to implement other functions under this section. (h) AUTHORIZATION OF APPROPRIATIONS.— (1) STUDIES OF POTENTIAL NEW SYSTEM UNITS AND MONITORING THE WELFARE OF SYSTEM UNIT RESOURCES.—To carry out studies for potential new System units and for monitoring the wel- fare of historical and natural resources re- ferred to in subparagraphs (A) and (B) of sub- section (d)(1), there is authorized to be appro- priated not more than $1,000,000 for each fiscal year. (2) MONITORING WELFARE AND INTEGRITY OF NATIONAL LANDMARKS.—To monitor the welfare and integrity of the national landmarks, there is authorized to be appropriated not more than $1,500,000 for each fiscal year. (3) CARRYING OUT SUBSECTIONS (b), (c), and 1 (g).—To carry out subsections (b), (c), and (g), there is authorized to be appropriated $2,000,000 for each fiscal year. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3102.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100507(a) ..... 16 U.S.C. 1a–5(a) (1st sentence). Pub. L. 91–383, § 8, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1940; Pub. L. 95–625, title VI, § 604(1), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 96–199, title I, § 104, Mar. 5, 1980, 94 Stat. 68; Pub. L. 96–344, § 8, Sept. 8, 1980, 94 Stat. 1135; Pub. L. 103–437, § 6(b), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(I), Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105–391, title III, § 303, Nov. 13, 1998, 112 Stat. 3501. 100507(b)(1), (2). 16 U.S.C. 1a–5(b)(1), (2). 100507(b)(3) 16 U.S.C. 1a–5(a) (2d sentence). 100507(b)(4) through (6). 16 U.S.C. 1a–5(b)(3) through (5). 100507(c) ..... 16 U.S.C. 1a–5(c). 100507(d) ..... 16 U.S.C. 1a–5(e). 100507(e), (f) 16 U.S.C. 1a–5(a) (3d, last sentences). 100507(g) ..... 16 U.S.C. 1a–5(d). 100507(h) .... 16 U.S.C. 1a–5(f). In subsection (b)(3), the words ‘‘after November 13, 1998’’ are omitted as obsolete. In subsection (b)(5), the cross-reference is limited to the applicable provisions of Public Law 91–383 as re- stated in the revised title. Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (c)(5), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CHAPTER 1007—RESOURCE MANAGEMENT SUBCHAPTER I—SYSTEM RESOURCE INVENTORY AND MANAGEMENT Sec. 100701. Protection, interpretation, and research in System. 100702. Research mandate. 100703. Cooperative study units. 100704. Inventory and monitoring program. 100705. Availability of System units for scientific study. 100706. Integration of study results into management decisions. 100707. Confidentiality of information. SUBCHAPTER II—SYSTEM UNIT RESOURCE PROTECTION 100721. Definitions. 100722. Liability. 100723. Actions. 100724. Use of recovered amounts. 100725. Donations. SUBCHAPTER III—MINING ACTIVITY WITHIN SYSTEM UNITS 100731. Findings and declaration. 100732. Preservation and management of System units by Secretary; promulgation of regula- tions. 100733. Recordation of mining claims; publication of notice. 100734. Report on finding or notification of potential damage to natural and historical land- marks. 100735. Civil actions for just compensation by mining claim holders. 100736. Acquisition of land by Secretary. 100737. Financial disclosure by officer or employee of Secretary. SUBCHAPTER IV—ADMINISTRATION 100751. Regulations. 100752. Destruction of animals and plant life. 100753. Disposal of timber. 100754. Relinquishment of legislative jurisdiction. 100755. Applicability of other laws. SUBCHAPTER I—SYSTEM RESOURCE INVENTORY AND MANAGEMENT § 100701. Protection, interpretation, and research in System Recognizing the ever increasing societal pres- sures being placed upon America’s unique nat- ural and cultural resources contained in the System, the Secretary shall continually im- prove the ability of the Service to provide state- of-the-art management, protection, and inter- pretation of, and research on, the resources of the System. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3105.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100701 ......... 16 U.S.C. 5911. Pub. L. 105–391, title I, § 101, Nov. 13, 1998, 112 Stat. 3498. § 100702. Research mandate The Secretary shall ensure that management of System units is enhanced by the availability and utilization of a broad program of the high- est quality science and information.