[114th Congress Public Law 289]
[From the U.S. Government Publishing Office]
[[Page 1481]]
NATIONAL PARK SERVICE CENTENNIAL ACT
[[Page 130 STAT. 1482]]
Public Law 114-289
114th Congress
An Act
To prepare the National Park Service for its Centennial in 2016 and for
a second century of promoting and protecting the natural, historic, and
cultural resources of our National Parks for the enjoyment of present
and future generations, and for other purposes. <<NOTE: Dec. 16,
2016 - [H.R. 4680]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Park
Service Centennial Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 54 USC 100101 note.>> Short Title.--This Act may be
cited as the ``National Park Service Centennial Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--NATIONAL PARK CENTENNIAL CHALLENGE FUND
Sec. 101. National Park Centennial Challenge Fund.
Sec. 102. Comparable pass cost for seniors.
TITLE II--NATIONAL PARK FOUNDATION ENDOWMENT
Sec. 201. Short title.
Sec. 202. Second Century Endowment for the National Park Service.
TITLE III--NATIONAL PARK NEXT GENERATION STEWARDS
Sec. 301. National Park Service interpretation and education.
Sec. 302. Public Land Corps amendments.
Sec. 303. Volunteers in the parks.
TITLE IV--NATIONAL PARK FOUNDATION AUTHORITIES
Sec. 401. Board of directors.
Sec. 402. Authorization of appropriations; use of funds.
TITLE V--MISCELLANEOUS
Sec. 501. National Historic Preservation Act.
Sec. 502. Award of concession contracts.
TITLE VI--TECHNICAL CORRECTIONS TO NATIONAL PARK AND PROGRAM LAWS
Sec. 601. Technical corrections to national park and program laws.
TITLE VII--VISITOR EXPERIENCE IMPROVEMENTS AUTHORITY
Sec. 701. Visitor experience improvements authority.
TITLE VIII--NATIONAL HISTORIC PRESERVATION AMENDMENTS ACT
Sec. 801. Short title.
Sec. 802. Reauthorization of the Historic Preservation Fund.
SEC. 2. <<NOTE: 54 USC 100102 note.>> DEFINITIONS.
In this Act:
[[Page 130 STAT. 1483]]
(1) Challenge fund.--The term ``Challenge Fund'' means the
National Park Centennial Challenge Fund established in title I.
(2) Director.--The term ``Director'' means the Director of
the National Park Service.
(3) Endowment.--The term ``Endowment'' means the Second
Century Endowment for the National Park Service established by
title II.
(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
enjoyment.
TITLE I--NATIONAL PARK CENTENNIAL CHALLENGE FUND
SEC. 101. NATIONAL PARK CENTENNIAL CHALLENGE FUND.
(a) In General.--Title 54, United States Code, is amended by
inserting after chapter 1033 the following:
``CHAPTER 1035-- <<NOTE: 54 USC prec. 103105.>> NATIONAL PARK CENTENNIAL
CHALLENGE FUND
``103501. Establishment.
``103502. Signature projects and programs.
``103503. Summary to Congress.
``Sec. 103501. <<NOTE: 54 USC 103501.>> Establishment
``(a) In General.--There is established in the Treasury an account
to be known as the National Park Centennial Challenge Fund.
``(b) Deposits.--All amounts received by the United States each
fiscal year from sales by the National Park Service of National Parks
and Federal Recreational Lands Passes under section 805(b)(1) of the
Federal Lands Recreation Enhancement Act that are in excess of
$10,000,000 shall be deposited into the National Park Centennial
Challenge Fund as offsetting collections and shall remain available to
the Secretary until expended.
``(c) Use of Funds.--Funds collected and deposited into the National
Park Centennial Challenge Fund--
``(1) shall be used for projects or programs approved by the
Secretary to further the mission of the Service and to enhance
the visitor experience in System units;
``(2) may not be used to acquire lands or interest in lands;
and
``(3) may only be used if matched, on at least a 1-to-1
basis, by non-Federal donations (including funds and fairly
valued durable goods and materials) to the Service for signature
projects or programs.
``(d) Limitation on Source of Funds for Matching.--Amounts derived
from the Second Century Endowment for the National Park Service shall
not be treated as non-Federal donations for purposes of subsection
(c)(3).
[[Page 130 STAT. 1484]]
``Sec. 103502. <<NOTE: 54 USC 103502.>> Signature projects and
programs
``(a) List.--The Secretary shall--
``(1) develop a list of signature projects and programs
eligible for funding from the National Park Centennial Challenge
Fund;
``(2) submit the list developed pursuant to paragraph (1) to
the Committees on Appropriations and Energy and Natural
Resources in the United States Senate, and to the Committees on
Appropriations and Natural Resources in the House of
Representatives; and
``(3) prioritize deferred maintenance projects, physical
improvements to visitor services facilities and trail
maintenance.
``(b) <<NOTE: Notification.>> Updates.--The Secretary may, from time
to time, as the Secretary finds appropriate, add any signature project
or program to the list and provide notice of such addition as required
by subsection (a).
``Sec. 103503. <<NOTE: 54 USC 103503.>> Summary to Congress
``The Secretary shall provide with the submission of the President's
annual budget a summary of the status and funding of signature projects
and programs.''.
(b) Conforming Amendment.--The table of sections of title 54, United
States Code, <<NOTE: 54 USC prec. 100101.>> is amended by inserting
after chapter 1033 the following:
``1035. National Park Centennial Challenge Fund................103501''.
SEC. 102. COMPARABLE PASS COST FOR SENIORS.
The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801,
Public Law 108-447, division J, title VIII) is amended in section
805 <<NOTE: 16 USC 6804.>> (b)(1)--
(1) by striking ``The Secretary'' and inserting:
``(A) The Secretary'';
(2) by striking ``, at a cost of $10.00,'';
(3) by striking ``shall be valid for the lifetime of the
pass holder.'' and inserting the following: ``shall be
available--
``(i) <<NOTE: Time period.>> for a period of
12 months from the date of the issuance, at a cost
of $20; and
``(ii) for the lifetime of the passholder, at
a cost equal to the cost of the National Parks and
Federal Recreational Lands Pass purchased under
subsection (a).''; and
(4) by adding at the end the following:
``(B) <<NOTE: Guidelines. Determination. Time
period.>> The Secretary shall issue a pass under
subparagraph (A)(ii), for no additional cost, to any
individual who provides evidence, under policies and
guidelines determined by the Secretary, that the
individual has purchased a pass under subparagraph
(A)(i) for each of the 4 years prior to being issued a
pass under this subparagraph.''.
[[Page 130 STAT. 1485]]
TITLE II-- <<NOTE: National Park Foundation Endowment Act.>> NATIONAL
PARK FOUNDATION ENDOWMENT
SEC. 201. <<NOTE: 54 USC 100101 note.>> SHORT TITLE.
This title may be cited as the ``National Park Foundation Endowment
Act''.
SEC. 202. SECOND CENTURY ENDOWMENT FOR THE NATIONAL PARK SERVICE.
(a) Second Century Endowment.--Chapter 1011 of title 54, United
States Code, is amended by inserting at the end the following:
``Sec. 101121. <<NOTE: 54 USC 101121.>> Second Century Endowment
for the National Park Service
``(a) Second Century Endowment.--To further the mission of the
Service, the National Park Foundation shall establish a special account
to be known as the `Second Century Endowment for the National Park
Service'.
``(1) Funds for the endowment.--The following shall apply to
the Endowment:
``(A) From amounts received by the United States
each fiscal year from sales by the National Park Service
of Federal Recreational Lands Passes under section
805(b)(1) of the Federal Lands Recreational Enhancement
Act, $10,000,000 shall be deposited into the Endowment.
``(B) In addition to deposits otherwise authorized,
the Endowment shall consist of any gifts, devises, or
bequests that are provided to the National Park
Foundation for such purpose.
``(C) The National Park Foundation shall deposit any
funds received for the Endowment in a federally insured
interest-bearing account or may invest funds in
appropriate security obligations, as directed by the
Board of Directors.
``(D) Any accrued interest or dividends earned on
funds received for the Endowment shall be added to the
principal and form a part of the Endowment.
``(2) Use of funds.--
``(A) Except as provided in subparagraph (B), funds
in the Endowment shall be available to the National Park
Foundation as offsetting collections for projects and
activities approved by the Secretary that further the
mission and purposes of the Service.
``(B) Gifts, devises, or bequests in the endowment
under paragraph (1)(A), and any accrued interest or
dividends earned thereon, shall be available to the
National Park Foundation for projects and activities
approved by the Secretary that further the mission and
purposes of the Service.
``(C) In administering the Endowment each fiscal
year, the National Park Foundation shall be guided by
the District of Columbia Uniform Prudent Management of
Institutional Funds Act of 2007 (D.C. Code Sec. 44-1631
et seq.), including section 44-1633 on expenditures.
``(D) No Federal funds received for the Endowment
may be used by the National Park Foundation for
administrative expenses of the Foundation, including for
salaries,
[[Page 130 STAT. 1486]]
travel and transportation expenses, and other overhead
expenses.
``(b) <<NOTE: Effective date.>> Summary.--Beginning 2 years after
the date of the enactment of this section, the National Park Foundation
shall include with its annual report a summary of the status of the
Endowment. The summary shall include--
``(1) <<NOTE: Statement.>> a statement of the amounts
deposited in the Endowment during the fiscal year;
``(2) the amount of the balance remaining in the Endowment
at the end of the fiscal year; and
``(3) a description of the sums and purposes of the
expenditures made from the Endowment for the fiscal year.''.
(b) Conforming Amendment.--The table of sections for chapter 1011 of
title 54, United States Code, <<NOTE: 54 USC prec. 101101.>> is amended
by inserting at the end the following:
``101121. Second Century Endowment for the National Park Service.''.
TITLE III--NATIONAL PARK NEXT GENERATION STEWARDS
SEC. 301. NATIONAL PARK SERVICE INTERPRETATION AND EDUCATION.
(a) In General.--Title 54, United States Code, is amended by
inserting after chapter 1007 the following:
<<NOTE: 54 USC prec. 100801.>> ``CHAPTER 1008--EDUCATION AND
INTERPRETATION
``100801. Definitions.
``100802. Interpretation and education authority.
``100803. Interpretation and education evaluation and quality
improvement.
``100804. Improved use of partners and volunteers in interpretation and
education.
``Sec. 100801. <<NOTE: 54 USC 100801.>> Definitions
``As used in this chapter:
``(1) Interpretation.--The term `interpretation'--
``(A) means providing opportunities for people to
form intellectual and emotional connections to gain
awareness, appreciation, and understanding of the
resources of the System; and
``(B) may refer to the professional career field of
Service employees, volunteers, and partners who
interpret the resources of the System.
``(2) Education.--The term `education' means enhancing
public awareness, understanding, and appreciation of the
resources of the System through learner-centered, place-based
materials, programs, and activities that achieve specific
learning objectives as identified in a curriculum.
``(3) Related areas.--The term `related areas' means--
``(A) national wild and scenic rivers and national
trails;
``(B) national heritage areas; and
``(C) affiliated areas administered in connection
with the System.
[[Page 130 STAT. 1487]]
``Sec. 100802. <<NOTE: 54 USC 100802.>> Interpretation and
education authority
``The Secretary shall ensure that management of System units and
related areas is enhanced by the availability and use of a broad program
of the highest quality interpretation and education.
``Sec. 100803. <<NOTE: 54 USC 100803.>> Interpretation and
education evaluation and quality improvement
``The Secretary may undertake a program of regular evaluation of
interpretation and education programs to ensure that they--
``(1) adjust to how people learn and engage with the natural
world and shared heritage as embodied in the System;
``(2) reflect different cultural backgrounds, ages,
education, gender, abilities, ethnicity, and needs;
``(3) demonstrate innovative approaches to management and
appropriately incorporate emerging learning and communications
technology; and
``(4) reflect current scientific and academic research,
content, methods, and audience analysis.
``Sec. 100804. <<NOTE: 54 USC 100804.>> Improved use of partners
and volunteers in interpretation and
education
``The Secretary may--
``(1) coordinate with park partners and volunteers in the
delivery of quality programs and services to supplement those
provided by the Service as part of a park's Long Range
Interpretive Plan;
``(2) support interpretive partners by providing
opportunities to participate in interpretive training; and
``(3) collaborate with other Federal and non-Federal public
or private agencies, organizations, or institutions for the
purposes of developing, promoting, and making available
educational opportunities related to resources of the System and
programs.''.
(b) Conforming Amendment.--The table of chapters at the beginning of
title 54, United States Code <<NOTE: 54 USC prec. 100101.>> , is amended
by inserting after the item relating to chapter 1007 the following new
item:
``1008. Education and Interpretation...........................100801''.
SEC. 302. PUBLIC LAND CORPS AMENDMENTS.
The Public Lands Corps Act of 1993 (Public Law 91-378, as amended;
16 U.S.C. 1721 et seq.) is amended--
(1) in section 203(10)(A) (16 U.S.C. 1722(10)(A)), by
striking ``25'' and inserting ``30'';
(2) in section 204(b) (16 U.S.C. 1723(b)), by striking
``25'' and inserting ``30''; and
(3) in section 207(c)(2) (16 U.S.C. 1726(c)(2)), by striking
``120 days'' and inserting ``2 years''.
SEC. 303. <<NOTE: 54 USC 102301 note.>> VOLUNTEERS IN THE PARKS.
Subject to the availability of appropriations, section 102301(d) of
title 54, United States Code, is amended by striking ``not more than
$7,000,000'' and inserting ``not more than $9,000,000''.
[[Page 130 STAT. 1488]]
TITLE IV--NATIONAL PARK FOUNDATION AUTHORITIES
SEC. 401. BOARD OF DIRECTORS.
Chapter 1011 of title 54, United States Code, is amended--
(1) in section 101112--
(A) by amending subsection (a) to read as follows:
``(a) Membership.--The National Park Foundation shall consist of a
Board having as members no fewer than six private citizens of the United
States appointed by the Secretary. The Secretary and the Director shall
be non-voting members of the Board, ex officio.''; and
(B) by amending subsection (c) to read as follows:
``(c) Chairman.--The Chairman shall be elected by the Board from its
members for a 2-year term.''; and
(2) in section 101113(a)--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following:
``(2) Coordination with service.--Activities of the National
Park Foundation under paragraph (1) shall be undertaken after
consultation with the Director to ensure that those activities
are consistent with the programs and policies of the Service.''.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS; USE OF FUNDS.
(a) Authorization of Appropriations; Use of Funds.--Chapter 1011 of
title 54, United States Code, is further amended by adding after section
101121 the following:
``Sec. 101122. <<NOTE: 54 USC 101122.>> Authorization of
appropriations; use of funds
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subchapter $5,000,000 for each of fiscal
years 2017 through 2023.
``(b) Use of Funds.--Funds made available under subsection (a)--
``(1) may be advanced each fiscal year to the National Park
Foundation in a lump sum without regard to when expenses are
incurred;
``(2) shall be provided to the National Park Foundation for
use to match contributions (whether in currency, services, or
property) made to the Foundation;
``(3) may not be used by the National Park Foundation for
administrative expenses of the Foundation, including for
salaries, travel and transportation expenses, and other overhead
expenses; and
``(4) may not be deposited by the National Park Foundation
into any fund that will be invested or earn interest in any
way.''.
(b) Conforming Amendment.--The table of sections for chapter 1011 of
title 54, United States Code <<NOTE: 54 USC prec. 101101.>> , is amended
by inserting at the end the following:
``101122. Authorization of appropriations; use of funds.''.
[[Page 130 STAT. 1489]]
TITLE V--MISCELLANEOUS
SEC. 501. NATIONAL HISTORIC PRESERVATION ACT.
(a) Additional Member.--Section 304101(a) of title 54, United States
Code, is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (12), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) The General Chairman of the National Association of
Tribal Historic Preservation Officers.''.
(b) Full-Time Chairman.--Section 304101 of title 54, United States
Code, is further amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) <<NOTE: Deadline. Appointment. President.>> Chairman.--(1)
After January 20, 2017, the Chairman shall--
``(A) be appointed by the President, by and with the advice
and consent of the Senate;
``(B) serve at the will of the President;
``(C) serve full time; and
``(D) be compensated at the rate provided for Level V of the
Executive Schedule Pay Rates under section 5316 of title 5.
``(2) The Chairman shall serve for a term of 4 years and may be
reappointed once, for a total of not more than 8 years of service as
Chairman, except that a Chairman whose appointment has expired under
this paragraph shall serve until his or her successor has been
appointed. The term of a Chairman shall start (regardless of actual
appointment date) on January 20 after each general Presidential
election. <<NOTE: Time period.>> The first Chairman appointed after the
date of enactment of this paragraph shall have a first term commencing
on January 20, 2017, and ending on January 19, 2021.
``(3) The Chairmen before the first appointment of a Chairman in
accordance with paragraph (1) of this subsection shall receive $100 per
diem when engaged in the performance of the duties of the Council, and
shall receive reimbursement for necessary traveling and subsistence
expenses incurred by them in the performance of the duties of the
Council.''; and
(3) in subsection (f) (as so redesignated), by striking
``may act in place'' and inserting ``shall perform the
functions''.
(c) Conforming Changes.--
(1) Section 304101 of title 54, United States Code, is
further amended--
(A) in subsection (b), by striking ``, (7), and
(8)'' and inserting ``and (7) through (9)'';
(B) in subsection (c)--
(i) by striking ``under paragraphs (1) and (9)
to (11)'' and inserting ``under paragraphs (10)
through (12)''; and
(ii) by striking ``An appointed member may not
serve more than 2 terms.'' and inserting ``An
appointed member, other than the Chairman of the
Council, may not serve more than 2 terms.'';
[[Page 130 STAT. 1490]]
(C) in subsection (f) (as so redesignated), by
striking ``paragraph (5), (6), (9), or (10)'' and
inserting ``paragraph (5), (6), (10), or (11)''; and
(D) in subsection (g) (as so redesignated), by
striking ``Twelve members'' and inserting ``Thirteen
members''.
(2) Section 304104 of title 54, United States Code, is
amended by inserting after the first sentence the following:
``The Chairman of the Council shall be compensated as provided
in subsection (e) of section 304101.''.
(3) Section 304105(a) of title 54, United States Code, is
amended--
(A) by striking ``report directly to the Council''
and inserting ``report directly to the Chairman''; and
(B) by striking ``duties as the Council may
prescribe'' and inserting ``duties as the Chairman may
prescribe''.
(4) Section 5316 of title 5, United States Code, is amended
by adding at the end the following new item:
``Chairman of the Advisory Council on Historic
Preservation.''.
(d) Clarification.--Subsection (b) and subsection (d) of section
311103 of title 54, United States Code, are amended by striking
``Council'' each place it appears and inserting ``Chairman of the
Council''.
SEC. 502. AWARD OF CONCESSION CONTRACTS.
Section 101913(9) of title 54, United States Code, is amended to
read as follows:
``(9) New or additional services.--The Secretary may propose
to amend the applicable terms of an existing concessions
contract to provide new and additional services where the
Secretary determines the services are necessary and appropriate
for public use and enjoyment of the unit of the National Park
System in which they are located and are consistent to the
highest practicable degree with the preservation and
conservation of the resources and values of the unit. Such new
and additional services shall not represent a material change to
the required and authorized services as set forth in the
applicable prospectus or contract.''.
TITLE VI--TECHNICAL CORRECTIONS TO NATIONAL PARK AND PROGRAM LAWS
SEC. 601. TECHNICAL CORRECTIONS TO NATIONAL PARK AND PROGRAM LAWS.
(a) Apostle Islands National Lakeshore.--Section 3030 of title XXX
of the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3766) is amended in the section heading by striking ``national
seashore.'' and inserting ``national lakeshore.''.
(b) <<NOTE: 54 USC 320101 note.>> Baltimore National Heritage
Area.--Title VIII of the Omnibus Public Land Management Act of 2009
(Public Law 111-11, 16 U.S.C. 461 note) is amended--
[[Page 130 STAT. 1491]]
(1) in sections 8005(b)(3) and 8005(b)(4) by striking
``Baltimore Heritage Area Association'' and inserting
``Baltimore City Heritage Area Association''; and
(2) in section 8005(i) by striking ``Effectiveness'' and
inserting ``Financial Assistance''.
(c) Cumberland Island National Seashore.--Section 6(b) of the Act
entitled ``An Act to establish the Cumberland Island National Seashore
in the State of Georgia, and for other purposes'' (Public Law 92-536; 16
U.S.C. 459i-5) is amended by striking ``physiographic conditions not
prevailing'' and inserting ``physiographic conditions now prevailing''.
(d) Harriet Tubman National Historical Park, New York.--Section
3036(d)(4)(B) of title XXX of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3780) <<NOTE: 16 USC 410ttt.>> is amended by
striking ``section 2(b)(1)'' and inserting ``section 3035''.
(e) Harriet Tubman Underground Railroad National Historical Park,
Maryland.--Section 3035(d)(4)(B) of title XXX of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3778) <<NOTE: 16 USC
410sss.>> is amended by striking ``section 3(b)(1)(A)'' and inserting
``section 3036''.
(f) Historic Preservation Standards and Guidelines.--Section
306131(a)(3) of title 54, United States Code, is amended by striking
``Office of Management and Budget'' and inserting ``Office of Personnel
Management''.
(g) Lava Beds National Monument.--The first section of the Act of
October 13, 1972 (Public Law 92-493; 86 Stat. 811) <<NOTE: 16 USC 1132
note.>> is amended in the first sentence--
(1) by striking ``That, in'' and inserting ``Section 1.
In''; and
(2) by striking ``ten thousand acres'' and all that follows
through the remainder of the sentence and inserting ``10,431
acres, as depicted within the proposed wilderness boundary on
the map entitled `Lava Beds National Monument, Proposed
Wilderness Boundary Adjustment', numbered 147/80,015, and dated
September 2005, and those lands within the area generally known
as the Schonchin Lava Flow comprising about 18,029 acres, as
depicted within the proposed wilderness boundary on the map, are
designated as wilderness.''.
(h) Muscle Shoals National Heritage Area.--Section 8009(j) of title
VIII of the Omnibus Public Land Management Act of 2009 <<NOTE: 54 USC
320101 note.>> (Public Law 111-11, 16 U.S.C. 461 note) is amended by
striking ``Effectiveness'' and inserting ``Financial Assistance''.
(i) Paterson Great Falls National Historical Park.--Section
3037(a)(1)(c) of title XXX of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3780) <<NOTE: 16 USC 410lll.>> is amended by
striking ``numbered T03/120,155, and dated April 2014'' and insert
``numbered T03/120,155A, and dated August 2015''.
(j) Snake River Headwaters.--Section 5002(c)(1) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11, 123 Stat. 1148,
1149) <<NOTE: 16 USC 1274 note.>> is amended by striking ``paragraph
(205) of section 3(a)'' each place it appears and inserting ``paragraph
(206) of section 3(a)''.
(k) Taunton River.--Section 5003(b) of the Omnibus Public Land
Management Act of 2009 <<NOTE: 16 USC 1274 note.>> (Public Law 111-11,
123 Stat.
[[Page 130 STAT. 1492]]
1152, 1153) is amended by striking ``section 3(a)(206)'' each place it
appears and inserting ``section 3(a)(207)''.
(l) <<NOTE: 36 USC prec. 101 note.>> World War I Centennial
Commission Act.--Section 4(e)(3)(c) of the World War I Centennial
Commission Act (Public Law 112-272; 126 Stat. 2449) is amended by
striking ``National Parks Service.'' and inserting ``National Park
Service.''.
TITLE VII--VISITOR EXPERIENCE IMPROVEMENTS AUTHORITY
SEC. 701. VISITOR EXPERIENCE IMPROVEMENTS AUTHORITY.
Chapter 1019 of title 54, United States Code, is amended by
inserting at the end the following:
``SUBCHAPTER III <<NOTE: 54 USC prec. 101931.>> --COMMERCIAL SERVICES
AUTHORIZATION
``101931. Contract authority.
``101932. Award of commercial services contracts.
``101933. Term of commercial services contracts.
``101934. Capital improvements.
``101935. Financial management.
``101936. Regulations.
``101937. Savings provision.
``101938. Sunset.
``Sec. 101931. <<NOTE: 54 USC 101931.>> Contract authority
``(a) General Authority.--Notwithstanding subchapter II, the
Secretary may award and administer commercial services contracts (and
related professional services contracts) for the operation and expansion
of commercial visitor facilities and visitor services programs in System
units. The commercial services contracts that may be awarded shall be
limited to those that are necessary and appropriate for public use and
enjoyment of the unit of the System in which they are located, and, that
are consistent with the preservation and conservation of the resources
and values of the unit.
``(b) Additional Authority.--Contracts may be awarded under
subsection (a) without regard to Federal laws and regulations governing
procurement by Federal agencies, with the exception of laws and
regulations related to Federal government contracts governing working
conditions and wage rates, including the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.), sections 3141-3144, 3146, and
3147 of title 40, United States Code (commonly known as the `Davis-Bacon
Act'), and any civil rights provisions otherwise applicable thereto.
``(c) Use of Commercial Services Contracts.--
``(1) In general.--The Secretary may issue a commercial
services contract under this subchapter when the Secretary
determines that the contract meets the objectives of expanding,
modernizing, and improving the condition of commercial visitor
facilities and the services provided to visitors.
``(2) Exceptions.--No contracts may be awarded under this
subchapter--
``(A) for the provision of outfitter and guide
services described in section 101913(8); or
[[Page 130 STAT. 1493]]
``(B) to authorize the provision of facilities or
services for which the Secretary has granted to an
existing concessioner a preferential right of renewal as
defined in sections 101911 and 101913.
``Sec. 101932. <<NOTE: 54 USC 101932.>> Award of commercial
services contracts
``(a) Competitive Selection Process.--Except as provided in
subsection (c), commercial services contracts shall be awarded by the
Secretary through a competitive selection process.
``(b) <<NOTE: Public
information. Publication. Notice.>> Solicitation of Proposals.--Before
awarding a new commercial services contract, the Secretary shall
publicly solicit proposals for the contract, except as provided in
subsection (c). In connection with such solicitation, the Secretary
shall prepare a request for proposals and shall publish notice of its
availability.
``Sec. 101933. <<NOTE: 54 USC 101933.>> Term of commercial
services contracts
``A commercial services contract entered into pursuant to this title
shall be awarded for a term not to exceed 10 years.
``Sec. 101934. <<NOTE: 54 USC 101934.>> Capital improvements
``A person or entity awarded a contract under this subchapter shall
receive no leasehold surrender interest, as defined in section 101915,
in capital improvements constructed under the terms of the contract.
``Sec. 101935. <<NOTE: 54 USC 101935.>> Financial management
``(a) Revolving Fund.--There is established a revolving fund that
shall be available to the Secretary without fiscal year limitation for--
``(1) expenses necessary for the management, improvement,
enhancement, operation, construction, and maintenance of
commercial visitor services and facilities; and
``(2) payment of possessory interest and leasehold surrender
interest.
``(b) Collection of Funds.--
``(1) Funds collected by the Secretary pursuant to the
contracts awarded under this subchapter shall be credited to the
revolving fund.
``(2) The Secretary is authorized to transfer to the
revolving fund, without reimbursement, any additional funds or
revenue in connection with the functions to be carried out under
this subchapter.
``(c) Use of Funds.--Amounts in the revolving fund shall be used by
the Secretary in furtherance of the purposes of this title. No funds
from this account may be used to decrease the availability of services
and programs to the public.
``Sec. 101936. <<NOTE: 54 USC 101936.>> Regulations
``As soon as practicable after the effective date of this
subchapter, the Secretary shall promulgate regulations appropriate for
its implementation.
``Sec. 101937. <<NOTE: 54 USC 101937.>> Savings provision
``Nothing in this subchapter shall modify the terms or conditions of
any concessions contracts awarded under subchapter II or the ability of
the National Park Service to enter into concessions contracts under the
National Park Service Concessions Management
[[Page 130 STAT. 1494]]
Improvement Act of 1998 (title IV of Public Law 105-391) including the
use of leaseholder surrender interest.
``Sec. 101938. <<NOTE: 54 USC 101938.>> Sunset
``The authority given to the Secretary under this subchapter shall
expire 7 years after the date of the enactment of this subchapter.''.
TITLE VIII-- <<NOTE: National Historic Preservation Amendments
Act.>> NATIONAL HISTORIC PRESERVATION AMENDMENTS ACT
SEC. 801. <<NOTE: 54 USC 100101 note.>> SHORT TITLE.
This title may be cited as the ``National Historic Preservation
Amendments Act''.
SEC. 802. REAUTHORIZATION OF THE HISTORIC PRESERVATION FUND.
(a) In General.--Section 303102 of title 54, United States Code, is
amended by striking ``2015'' and inserting ``2023''.
(b) Federal Nominations.--Section 302104 of such title is amended--
(1) in subsections (a) and (b), by striking ``subsection
(c)'' and inserting ``subsection (d)'';
(2) by inserting after subsection (b), the following new
subsection:
``(c) Nomination by Federal Agency.--Subject to the requirements of
section 302107 of this title, the regulations promulgated under section
302103 of this title, and appeal under subsection (d) of this section,
the Secretary may accept a nomination directly by a Federal agency for
inclusion of property on the National Register only if--
``(1) <<NOTE: Review.>> completed nominations are sent to
the State Historic Preservation Officer for review and comment
regarding the adequacy of the nomination, the significance of
the property and its eligibility for the National Register;
``(2) <<NOTE: Deadline. Recommenda- tion.>> within 45 days
of receiving the completed nomination, the State Historic
Preservation Officer has made a recommendation regarding the
nomination to the Federal Preservation Officer, except that
failure to meet this deadline shall constitute a recommendation
to not support the nomination;
``(3) <<NOTE: Notification. Deadline.>> the chief elected
officials of the county (or equivalent governmental unit) and
municipal political jurisdiction in which the property is
located are notified and given 45 days in which to comment;
``(4) the Federal Preservation Officer forwards it to the
Keeper of the National Register of Historic Places after
determining that all procedural requirements have been met,
including those in paragraphs (1) through (3) above; the
nomination is adequately documented; the nomination is
technically and professionally correct and sufficient; and may
include an opinion as to whether the property meets the National
Register criteria for evaluation;
``(5) <<NOTE: Notification. Federal Register,
publication. Recommenda- tion. Deadline.>> notice is provided in
the Federal Register that the nominated property is being
considered for listing on the National Register that includes
any comments and the recommendation of the State Historic
Preservation Officer and
[[Page 130 STAT. 1495]]
a declaration whether the State Historic Preservation Officer
has responded within the 45 day-period of review provided in
paragraph (2); and
``(6) <<NOTE: Federal Register, publication.>> the Secretary
addresses in the Federal Register any comments from the State
Historic Preservation Officer that do not support the nomination
of the property on the National Register before the property is
included in the National Register.''; and
(3) by redesignating subsection (c) as subsection (d).
(c) Technical Amendments.--
(1) Section 303102 of such title is amended by striking
``CONTENTS'' in the heading thereof and inserting ``FUNDING''.
(2) The table of sections for chapter 3031 <<NOTE: 54
USC prec. 303101.>> of such title is amended by striking the
item relating to section 303102 and inserting the following new
item:
``303102. Funding.''.
Approved December 16, 2016.
LEGISLATIVE HISTORY--H.R. 4680:
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HOUSE REPORTS: No. 114-576, Pt. 1 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Dec. 6, considered and passed House.
Dec. 9, considered and passed Senate.
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