54 U.S.C. § 101701 — Challenge cost-share agreement author-

Page 44 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101523 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101522 ......... 16 U.S.C. 2303. Pub. L. 95–344, title III, § 303, Aug. 15, 1978, 92 Stat. 479; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584. Subsection (b) is substituted for 16 U.S.C. 2303(b) to eliminate obsolete words. § 101523. Procedures applicable to transportation plans and projects (a) DURING FORMULATION OF PLAN.—The Sec- retary shall, during the formulation of any transportation plan authorized pursuant to sec- tion 101521 of this title— (1) give public notice of intention to formu- late the plan by publication in the Federal Register and in a newspaper or periodical hav- ing general circulation in the vicinity of the affected System unit; and (2) following the notice, hold a public meet- ing at a location convenient to the affected System unit. (b) PRIOR TO IMPLEMENTATION OF PROJECT.— Prior to the implementation of any project de- veloped pursuant to the transportation plan for- mulated pursuant to subsection (a), the Sec- retary shall— (1) establish procedures, including public meetings, to give State and local governments and the public adequate notice and an oppor- tunity to comment on the proposed transpor- tation project; and (2) when the proposed project would involve an expenditure in excess of $100,000 in any fis- cal year, submit a detailed report to the Com- mittee on Energy and Natural Resources of the Senate and the Committee on Natural Re- sources of the House of Representatives. (c) WAITING PERIOD.—When a report on a project is required under subsection (b)(2), the Secretary may proceed with the implementation of the project only after 60 days (not counting days on which the Senate or House of Represent- atives has adjourned for more than 3 consecu- tive days) have elapsed following submission of the report. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3133.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101523 ......... 16 U.S.C. 2304. Pub. L. 95–344, title III, § 304, Aug. 15, 1978, 92 Stat. 479; Pub. L. 103–437, § 6(d)(18), Nov. 2, 1994, 108 Stat. 4584. In subsection (c), the words ‘‘When a report on a project is required under subsection (b)(2)’’ are added for clarity. The words ‘‘implementation of the project’’ are substituted for ‘‘implementation of such plan’’, and the words ‘‘submission of the report’’ are substituted for ‘‘submission of the plan’’, for consistency. § 101524. Special rule for service contract to pro- vide transportation services Notwithstanding any other provision of law, a service contract entered into by the Secretary for the provision solely of transportation serv- ices in a System unit shall be not more than 10 years in length, including a base period of 5 years and annual extensions for up to an addi- tional 5 years based on satisfactory performance and approval by the Secretary. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3134.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101524 ......... 16 U.S.C. 5961(a). Pub. L. 105–391, title IV, § 412(a), Nov. 13, 1998, 112 Stat. 3514; Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 143(1)], Nov. 29, 1999, 113 Stat. 1535, 1501A–171. SUBCHAPTER IV—FEES § 101531. Fee for use of transportation services Notwithstanding any other provision of law, where the Service or an entity under a service contract, cooperative agreement, or other con- tractual agreement with the Service provides transportation to all or a portion of any System unit, the Secretary may impose a reasonable and appropriate charge to the public for the use of the transportation services in addition to any admission fee required to be paid. Collection of the transportation and admission fees may occur at the transportation staging area or any other reasonably convenient location deter- mined by the Secretary. The Secretary may enter into agreements, with public or private entities that qualify to the Secretary’s satisfac- tion, to collect the transportation and admis- sion fee. Transportation fees collected pursuant to this section shall be retained by the System unit at which the transportation fee was col- lected, and the amount retained shall be ex- pended only for costs associated with the trans- portation systems at the System unit where the charge was imposed. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3134.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101531 ......... 16 U.S.C. 5981. Pub. L. 105–391, title IV, § 501, Nov. 13, 1998, 112 Stat. 3518; Pub. L. 109–131, title I, § 102(b), Dec. 20, 2005, 119 Stat. 2568. CHAPTER 1017—FINANCIAL AGREEMENTS Sec. 101701. Challenge cost-share agreement authority. 101702. Cooperative agreements. 101703. Cooperative management agreements. 101704. Reimbursable agreements. § 101701. Challenge cost-share agreement author- ity (a) DEFINITIONS.—In this section: (1) CHALLENGE COST-SHARE AGREEMENT.—The term ‘‘challenge cost-share agreement’’ means any agreement entered into between the Sec- retary and any cooperator for the purpose of sharing costs or services in carrying out au- thorized functions and responsibilities of the Secretary with respect to any System unit or Page 45 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101702 System program, any affiliated area, or any designated national scenic trail or national historic trail. (2) COOPERATOR.—The term ‘‘cooperator’’ means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity. (b) AUTHORITY TO ENTER INTO CHALLENGE COST-SHARE AGREEMENTS.—The Secretary may negotiate and enter into challenge cost-share agreements with cooperators. (c) SOURCE OF FEDERAL SHARE.—In carrying out challenge cost-share agreements, the Sec- retary may provide the Federal funding share from any funds available to the Service. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3134; Pub. L. 113–40, § 10(c), Oct. 2, 2013, 127 Stat. 546.) AMENDMENT NOT SHOWN IN TEXT This section was derived from section 1f of Title 16, Conservation, which was amended by Pub. L. 113–40, § 10(c), Oct. 2, 2013, 127 Stat. 546. For applicability of that amendment to this sec- tion, see section 6(b) of Pub. L. 113–287, set out as a Transitional and Savings Provisions note preceding section 100101 of this title. Former section 1f of Title 16, which consisted of pars. (1) to (3) [restated in this section as subsecs. (a) to (c)], was amended by Pub. L. 113–40 by add- ing at the end the following new paragraphs: ‘‘(4) AVAILABLE FUNDS.—Out of any amounts in the Treasury not otherwise appropriated, $20,000,000 shall be made available to the Secretary of the Inte- rior for fiscal year 2018, and $30,000,000 shall be made available to the Secretary of the Interior for fiscal year 2019, without further appropriation and to remain available until expended, to pay the Fed- eral funding share of challenge cost-share agree- ments for deferred maintenance projects and to cor- rect deficiencies in National Park Service infra- structure. ‘‘(5) COST-SHARE REQUIREMENT.—Not less than 50 percent of the total cost of project for funds made available under paragraph (4) to pay the Federal funding share shall be derived from non-Federal sources, including in-kind contribution of goods and services fairly valued.’’ HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101701 ......... 16 U.S.C. 1f. Pub. L. 104–333, div. I, title VIII, § 814(g), Nov. 12, 1996, 110 Stat. 4199. § 101702. Cooperative agreements (a) TRANSFER OF SERVICE APPROPRIATED FUNDS.—A cooperative agreement entered into by the Secretary that involves the transfer of Service appropriated funds to a State, local, or tribal government or other public entity, an educational institution, or a private nonprofit organization to carry out public purposes of a Service program is a cooperative agreement properly entered into under section 6305 of title 31. (b) COOPERATIVE RESEARCH AND TRAINING PRO- GRAMS.— (1) IN GENERAL.—To facilitate the adminis- tration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may— (A) enter into cooperative agreements with public or private educational institu- tions, States, and political subdivisions of States to develop adequate, coordinated, co- operative research and training programs concerning the resources of the System; and (B) pursuant to an agreement, accept from and make available to the cooperator tech- nical and support staff, financial assistance for mutually agreed upon research projects, supplies and equipment, facilities, and ad- ministrative services relating to cooperative research units that the Secretary considers appropriate. (2) EFFECT OF SUBSECTION.—This subsection does not waive any requirements for research projects that are subject to Federal procure- ment regulations. (c) SALE OF PRODUCTS AND SERVICES PRODUCED IN THE CONDUCT OF LIVING EXHIBITS AND INTER- PRETIVE DEMONSTRATIONS.—To facilitate the ad- ministration of the System, the Secretary, under such terms and conditions as the Sec- retary considers advisable, may— (1) sell at fair market value, without regard to the requirements of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, products and services produced in the conduct of living exhibits and interpretive demonstrations in System units; (2) enter into contracts, including coopera- tive arrangements, with respect to living ex- hibits and interpretive demonstrations in Sys- tem units; and (3) credit the proceeds from those sales and contracts to the appropriation bearing the cost of the exhibits and demonstrations. (d) COOPERATIVE AGREEMENTS FOR SYSTEM UNIT NATURAL RESOURCE PROTECTION.— (1) IN GENERAL.—The Secretary may enter into cooperative agreements with State, local, or tribal governments, other Federal agencies, other public entities, educational institutions, private nonprofit organizations, or partici- pating private landowners for the purpose of protecting natural resources of System units through collaborative efforts on land inside and outside the System units. (2) TERMS AND CONDITIONS.—A cooperative agreement entered into under paragraph (1) shall provide clear and direct benefits to Sys- tem unit natural resources and— (A) provide for— (i) the preservation, conservation, and restoration of coastal and riparian sys- tems, watersheds, and wetlands; (ii) preventing, controlling, or eradi- cating invasive exotic species that are within a System unit or adjacent to a Sys- tem unit; or (iii) restoration of natural resources, in- cluding native wildlife habitat or eco- systems; (B) include a statement of purpose dem- onstrating how the agreement will— (i) enhance science-based natural re- source stewardship at the System unit; and