54 U.S.C. § 100501 — Areas included in System

Page 13 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100501 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100102 ......... no source. The term ‘‘System unit’’ is added because various laws relating to the National Park Service apply to any area of land or water administered by the Secretary through the Service regardless of the terms used in those laws. See section 100501 of the revised title. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 114–289, § 2, Dec. 16, 2016, 130 Stat. 1482, pro- vided that: ‘‘In this Act [see Short Title of 2016 Amend- ment note set out under section 100101 of this title]: ‘‘(1) CHALLENGE FUND.—The term ‘Challenge Fund’ means the National Park Centennial Challenge Fund established in title I [enacting chapter 1035 of this title and amending section 6804 of Title 16, Conserva- tion]. ‘‘(2) DIRECTOR.—The term ‘Director’ means the Di- rector of the National Park Service. ‘‘(3) ENDOWMENT.—The term ‘Endowment’ means the Second Century Endowment for the National Park Service established by title II [see Short Title of 2016 Amendment note set out under section 100101 of this title]. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘(5) SIGNATURE PROJECT OR PROGRAM.—The term ‘signature project or program’ means any project or program identified by the Secretary as one that will help prepare the national parks for another century of conservation, preservation, and visitor enjoy- ment.’’ CHAPTER 1003—ESTABLISHMENT, DIRECTORS, AND OTHER EMPLOYEES Sec. 100301. Establishment. 100302. Directors and other employees. 100303. Effect on other laws. § 100301. Establishment There is in the Department of the Interior a service called the National Park Service. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3097.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100301 ......... 16 U.S.C. 1 (1st sen- tence words be- fore 1st comma). Aug. 25, 1916, ch. 408, § 1 (1st sentence words before 1st comma), 39 Stat. 535. § 100302. Directors and other employees (a) DIRECTOR.— (1) APPOINTMENT.—The Service shall be under the charge of a director who shall be ap- pointed by the President, by and with the ad- vice and consent of the Senate. (2) QUALIFICATIONS.—The Director shall have substantial experience and demonstrated com- petence in land management and natural or cultural resource conservation. (3) AUTHORITY.—Under the direction of the Secretary, the Director shall have the super- vision, management, and control of System units. In the supervision, management, and control of System units contiguous to na- tional forests the Secretary of Agriculture may cooperate with the Service to such extent as may be requested by the Secretary. (b) DEPUTY DIRECTORS.—The Director shall se- lect 2 Deputy Directors. One Deputy Director shall have responsibility for Service operations, and the other Deputy Director shall have re- sponsibility for other programs assigned to the Service. (c) OTHER EMPLOYEES.—The Service shall have such subordinate officers and employees as may be appropriated for by Congress. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3097.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100302(a)(1) 16 U.S.C. 1 (1st sen- tence words after 1st comma). Aug. 25, 1916, ch. 408, § 1 (1st sentence words after 1st comma, 2d to 4th sen- tences), 39 Stat. 535; Pub. L. 104–333, div. I, title VIII, § 814(e)(1), Nov. 12, 1996, 110 Stat. 4196. 100302(a)(2) 16 U.S.C. 1 (2d sen- tence). 100302(a)(3) 16 U.S.C. 2. Aug. 25, 1916, ch. 408, § 2, 39 Stat. 535. 100302(b) ..... 16 U.S.C. 1 (3d, 4th sentences). 100302(c) ..... 16 U.S.C. 1 (5th sen- tence). Aug. 25, 1916, ch. 408, § 1 (5th sentence), 39 Stat. 535. In subsection (a)(3), the words ‘‘of the Hot Springs Reservation in the State of Arkansas’’ [changed to ‘‘Hot Springs National Park’’ because of section 1 of the Act of March 4, 1921 (ch. 161, 41 Stat. 1407)] in sec- tion 2 of the Act of August 25, 1916 (known as the Na- tional Park Service Organic Act) (ch. 408, 39 Stat. 535) are omitted as unnecessary. Subsection (c) is substituted for the 5th sentence of section 1 of the Act of August 25, 1916 (known as the National Park Service Organic Act) (ch. 408, 39 Stat. 535), to eliminate unnecessary words and because the pay of employees is fixed pursuant to chapter 51 and subchapter III of chapter 53 of title 5. § 100303. Effect on other laws This chapter and sections 100101(a), 100751(a), 100752, 100753, and 102101 of this title do not af- fect or modify section 100902(a) of this title. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3097.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100303 ......... 16 U.S.C. 4. Aug. 25, 1916, ch. 408, § 4, 39 Stat. 536. CHAPTER 1005—AREAS OF NATIONAL PARK SYSTEM Sec. 100501. Areas included in System. 100502. General management plans. 100503. Five-year strategic plans. 100504. Study and planning of park, parkway, and recreational-area facilities. 100505. Periodic review of System. 100506. Boundary changes to System units. 100507. Additional areas for System. § 100501. Areas included in System The System shall include any area of land and water administered by the Secretary, acting through the Director, for park, monument, his- toric, parkway, recreational, or other purposes. Page 14 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100502 (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3098.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100501 ......... 16 U.S.C. 1c(a). Aug. 8, 1953, ch. 384, § 2(a), 67 Stat. 496; Pub. L. 91–383, § 2(b), Aug. 18, 1970, 84 Stat. 826. The words ‘‘now or hereafter’’ are omitted as obso- lete. § 100502. General management plans General management plans for the preserva- tion and use of each System unit, including areas within the national capital area, shall be prepared and revised in a timely manner by the Director. On January 1 of each year, the Sec- retary shall submit to Congress a list indicating the current status of completion or revision of general management plans for each System unit. General management plans for each Sys- tem unit shall include— (1) measures for the preservation of the area’s resources; (2) indications of types and general inten- sities of development (including visitor cir- culation and transportation patterns, systems, and modes) associated with public enjoyment and use of the area, including general loca- tions, timing of implementation, and antici- pated costs; (3) identification of and implementation commitments for visitor carrying capacities for all areas of the System unit; and (4) indications of potential modifications to the external boundaries of the System unit, and the reasons for the modifications. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3098.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100502 ......... 16 U.S.C. 1a–7(b). Pub. L. 91–383, § 12, as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1942; Pub. L. 95–625, title VI, § 604(3), (4), Nov. 10, 1978, 92 Stat. 3518, 3519; Pub. L. 103–437, § 6(c), Nov. 2, 1994, 108 Stat. 4583; Pub. L. 105–391, title IV, § 415(b)(2), Nov. 13, 1998, 112 Stat. 3515. § 100503. Five-year strategic plans (a) STRATEGIC AND PERFORMANCE PLANS.— Each System unit shall prepare and make avail- able to the public a 5-year strategic plan and an annual performance plan. The plans shall reflect the Service policies, goals, and outcomes rep- resented in the Service-wide strategic plan pre- pared pursuant to section 306 of title 5. (b) ANNUAL BUDGET.— (1) IN GENERAL.—As a part of the annual per- formance plan for a System unit prepared pur- suant to subsection (a), following receipt of the appropriation for the unit from the Oper- ations of the National Park System account (but not later than January 1 of each year), the superintendent of the System unit shall develop and make available to the public the budget for the current fiscal year for that Sys- tem unit. (2) CONTENTS.—The budget shall include— (A) funding allocations for resource preser- vation (including resource management), visitor services (including maintenance, in- terpretation, law enforcement, and search and rescue), and administration; and (B) allocations into each of the categories in subparagraph (A) of all funds retained from fees collected for that year, including special use permits, concession franchise fees, and recreation use and entrance fees. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3098.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100503 ......... 16 U.S.C. 5914. Pub. L. 105–391, title I, § 104, Nov. 13, 1998, 112 Stat. 3499. § 100504. Study and planning of park, parkway, and recreational-area facilities (a) IN GENERAL.— (1) DEFINITION.—In this subsection, the term ‘‘State’’ means a State, the District of Colum- bia, Puerto Rico, Guam, and the Virgin Is- lands. (2) STUDY.—The Secretary shall cause the Service to make a comprehensive study, other than on land under the jurisdiction of the Sec- retary of Agriculture, of the public park, park- way, and recreational area programs of the United States, States, and political subdivi- sions of States and of areas of land throughout the United States that are or may be chiefly valuable as public park, parkway, or rec- reational areas. A study shall not be made in any State without the consent and approval of the State officials, boards, or departments having jurisdiction over the land. The study shall be such as, in the judgment of the Sec- retary, will provide data helpful in developing a plan for coordinated and adequate public park, parkway, and recreational-area facilities for the people of the United States. (3) COOPERATION AND AGREEMENTS WITH OTHER ENTITIES.—In making the study and to accomplish the purposes of this section, the Secretary, acting through the Director— (A) shall seek and accept the cooperation and assistance of Federal departments or agencies having jurisdiction of land belong- ing to the United States; and (B) may cooperate and make agreements with and seek and accept the assistance of— (i) other Federal agencies and instru- mentalities; and (ii) States, political subdivisions of States, and agencies and instrumentalities of either of them. (4) STATE PLANNING.—For the purpose of de- veloping coordinated and adequate public park, parkway, and recreational-area facilities for the people of the United States, the Sec- retary may aid States and political subdivi- sions of States in planning public park, park- way, and recreational areas and in cooperating with one another to accomplish these ends. Aid shall be made available through the Serv- ice acting in cooperation with such State