54 U.S.C. § 100902 — Rights of way for public utilities and

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. Page 27 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100904 1 So in original. A period probably should appear. In subsection (a), the text of 16 U.S.C. 79 (2d proviso) is omitted as obsolete because title 65 of the Revised States of the United States was repealed by section 1 of the Act of July 16, 1947 (ch. 256, 61 Stat. 327). In subsection (a)(1), the words ‘‘and the Yosemite, Se- quoia, and General Grant national parks, California’’ are omitted as unnecessary because ‘‘other reserva- tions’’ encompasses all System units. The inclusion of paragraphs (4) and (5) of subsection (a) do not have any effect on rights of way under sub- section (b). In subsection (a)(4), the words ‘‘or his successor in his discretion’’ are omitted as unnecessary. In subsection (b), the text of 16 U.S.C. 5 (last para- graph) is omitted as obsolete. The word ‘‘Secretary’’ is substituted for ‘‘the head of the department having ju- risdiction over the lands’’ and ‘‘chief officer of the de- partment under whose supervision or control such res- ervation falls’’ because the portion of the Act of March 4, 1911 (ch. 238, 36 Stat. 1253) classified to 16 U.S.C. 5 re- lates only to System units. § 100903. Solid waste disposal operations (a) IN GENERAL 1 —To protect the air, land, water, and natural and cultural values of the System and the property of the United States in the System, no solid waste disposal site (includ- ing any site for the disposal of domestic or in- dustrial solid waste) may be operated within the boundary of any System unit, other than— (1) a site that was operating as of September 1, 1984; or (2) a site used only for disposal of waste gen- erated within that System unit so long as the site will not degrade any of the natural or cul- tural resources of the System unit. (b) REGULATIONS.—The Secretary shall pre- scribe regulations to carry out this section, in- cluding reasonable regulations to mitigate the adverse effects of solid waste disposal sites in operation as of September 1, 1984, on property of the United States. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3115.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100903 ......... 16 U.S.C. 460l–22(c). Pub. L. 90–401, § 5(c), as added Pub. L. 98–506, § 2, Oct. 19, 1984, 98 Stat. 2338. § 100904. Admission and special recreation use fees (a) SYSTEM UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS FEES CANNOT BE COLLECTED.— (1) WITHHOLDING OF AMOUNTS.—Notwith- standing 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 ac- count under section 807(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6806(a)) 100 percent of the fees and charges col- lected 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 fur- ther appropriation, for expenditure by the Sec- retary for the System unit with respect to which the amounts were collected for the pur- poses of enhancing the quality of the visitor experience, protection of resources, repair and maintenance, interpretation, signage, habitat or facility enhancement, resource preserva- tion, annual operation (including fee collec- tion), 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 al- located among System units in accordance with subparagraph (B) of this subsection and 50 percent shall be allocated in accordance with subparagraph (C). (B) ALLOCATION BASED ON EXPENSES.—The amount allocated to each System unit under this paragraph for each fiscal year based on expenses shall be a fraction of the total allo- cation to all System units under this para- graph. The fraction for each System unit shall be determined by dividing the oper- ating expenses at that System unit during the prior fiscal year by the total operating expenses at all System units during the prior fiscal year. (C) ALLOCATION BASED ON FEES COL- LECTED.—The amount allocated to each Sys- tem unit under this paragraph for each fiscal year based on fees collected shall be a frac- tion of the total allocation to all System units under this paragraph. The fraction for each System unit shall be determined by di- viding the user fees and admission fees col- lected under this section at that System unit during the prior fiscal year by the total of user fees and admission fees collected under this section at all System units during the prior fiscal year. (3) AVAILABILITY OF AMOUNTS.—Amounts al- located under this subsection to any System unit for any fiscal year and not expended in that fiscal year shall remain available for ex- penditure at that System unit until expended. (c) SELLING OF PERMITS.— (1) AUTHORITY TO SELL PERMITS.—When au- thorized by the Secretary, volunteers at Sys- tem units may sell permits and collect fees au- thorized or established pursuant to this sec- tion. The Secretary shall ensure that the vol- unteers have adequate training regarding— (A) the sale of permits and the collection of fees; (B) the purposes and resources of the Sys- tem units in which they are assigned; and (C) the provision of assistance and infor- mation to visitors to the System unit. (2) SURETY BOND REQUIRED.—The Secretary shall require a surety bond for any such volun- teer performing services under this subsection.