General Authority for NPS to Accept Donations

Page 29

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

or other related activity if the Secretary determines that—
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public’s use and enjoyment of the
site; or
(3) the activity poses health or safety risks
to the public.
(e) USE OF PROCEEDS.—
(1) FEES.—All fees collected under this section shall be available for expenditure by the
Secretary, without further appropriation and
shall remain available until expended.
(2) COSTS.—All costs recovered under this
section shall be available for expenditure by
the Secretary, without further appropriation,
at the site where the costs are collected and
shall remain available until expended.
(f) PROCESSING OF PERMIT APPLICATIONS.—The
Secretary shall establish a process to ensure
that the Secretary responds in a timely manner
to permit applicants for commercial filming,
still photography, or other activity.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3117.)
HISTORICAL AND REVISION NOTES
Revised
Section
100905 .........

Source (U.S. Code)

Source (Statutes at Large)

16 U.S.C. 460l–6d (relating to the National Park Service).

Pub. L. 106–206, § 1 (relating
to the National Park
Service), May 26, 2000, 114
Stat. 314.

In subsection (e)(1), the words ‘‘in accordance with
the formula and purposes established for the Recreational Fee Demonstration Program (Public Law
104–134)’’ are omitted as obsolete because the Program
was repealed by section 813(b) of the Federal Lands
Recreation Enhancement Act (Public Law 108–447, 118
Stat. 3390).

§ 101101

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

100906(a) .....

16 U.S.C. 1a–2 (matter before (a), (c)
(words before
comma).

100906(b),
(c).

16 U.S.C. 1a–14.

Pub. L. 91–383, § 3 (matter
before (a)), (c), Aug. 18,
1970, 84 Stat. 826; Pub. L.
106–176, title I, § 118(2), (3),
Mar. 10, 2000, 114 Stat. 28.
Pub. L. 102–525, title III,
§ 301, Oct. 26, 1992, 106
Stat. 3441.

100906(d) .....

16 U.S.C. 1a–2(c)
(words after
comma).

REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act,
referred to in subsec. (b), is section 14 of Pub. L. 92–463,
which is set out in the Appendix to Title 5, Government
Organization and Employees.

CHAPTER 1011—DONATIONS
SUBCHAPTER I—AUTHORITY OF SECRETARY
Sec.

101101.

Authority to accept land, rights-of-way,
buildings, other property, and money.
101102.
Authority to accept and use funds to consolidate Federal land ownership.
SUBCHAPTER II—NATIONAL PARK FOUNDATION
101111.
101112.
101113.
101114.
101115.

Purpose and establishment of Foundation.
Board.
Gifts, devises, or bequests.
Disposition of property or income.
Corporate succession and powers and duties
acting as trustee; personal liability for malfeasance.
Corporate powers.
Authority of Board.
Tax exemptions; contributions toward costs
of local government; contributions, gifts, or
transfers to or for use of United States.
Liability of United States.
Promotion of local fundraising support.
Second Century Endowment for the National
Park Service.
Authorization of appropriations; use of funds.

101116.
101117.
101118.
101119.
101120.
101121.
101122.

AMENDMENTS

§ 100906. Advisory committees
(a) ESTABLISHMENT.—To facilitate the administration of the System, the Secretary, under
such terms and conditions as the Secretary may
consider advisable, may appoint and establish
advisory committees in regard to the functions
of the Service as the Secretary considers advisable.
(b) CHARTER EXCEPTION ON RENEWAL.—Section
14(b) of the Federal Advisory Committee Act (5
U.S.C. App.) is waived with respect to any advisory commission or advisory committee established by law in connection with any System
unit during the period for which the commission
or committee is authorized by law.
(c) SERVICE OF MEMBERS.—Any member of any
advisory commission or advisory committee established in connection with any System unit
may serve after the expiration of the member’s
term until a successor is appointed.
(d) COMPENSATION AND TRAVEL EXPENSES.—
Members of an advisory committee established
under subsection (a) shall receive no compensation for their services as such but shall be allowed necessary travel expenses as authorized
by section 5703 of title 5.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3118.)

2016—Pub. L. 114–289, title II, § 202(b), title IV, § 402(b),
Dec. 16, 2016, 130 Stat. 1486, 1488, added items 101121 and
101122.

SUBCHAPTER I—AUTHORITY OF
SECRETARY
§ 101101. Authority to accept land, rights-of-way,
buildings, other property, and money
The Secretary in the administration of the
Service may accept—
(1) patented land, rights-of-way over patented land or other land, buildings, or other
property within a System unit; and
(2) money that may be donated for the purposes of the System.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3119.)
HISTORICAL AND REVISION NOTES
Revised
Section
101101 .........

Source (U.S. Code)
16 U.S.C. 6.

Source (Statutes at Large)
June 5, 1920, ch. 235, § 1 (2d
undesignated par. under
heading
‘‘NATIONAL
PARKS’’), 41 Stat. 917.

NATIONAL PARK SYSTEM DONOR ACKNOWLEDGMENT
Pub. L. 113–291, div. B, title XXX, § 3054, Dec. 19, 2014,
128 Stat. 3806, provided that:

§ 101102

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DONOR ACKNOWLEDGMENT.—The term ‘donor acknowledgment’ means an appropriate statement or
credit acknowledging a donation.
‘‘(2) NATIONAL PARK SYSTEM.—The term ‘National
Park System’ includes each program and individual
unit of the National Park System.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(b) DONOR ACKNOWLEDGMENTS IN UNITS OF NATIONAL
PARK SYSTEM.—
‘‘(1) IN GENERAL.—The Secretary may authorize a
donor acknowledgment to recognize a donation to—
‘‘(A) the National Park Service; or
‘‘(B) the National Park System.
‘‘(2) RESTRICTIONS.—A donor acknowledgment shall
not be used to state or imply—
‘‘(A) recognition of the donor or any product or
service of the donor as an official sponsor, or any
similar form of recognition, of the National Park
Service or the National Park System;
‘‘(B) a National Park Service endorsement of the
donor or any product or service of the donor; or
‘‘(C) naming rights to any unit of the National
Park System or a National Park System facility,
including a visitor center.
‘‘(3) REQUIREMENTS.—
‘‘(A) DISPLAY.—A donor acknowledgment shall be
displayed—
‘‘(i) in a manner that is approved by the Secretary; and
‘‘(ii) for a period of time, as determined by the
Secretary, that is commensurate with the
amount of the contribution and the life of the
structure.
‘‘(B) GUIDELINES.—The Secretary shall establish
donor acknowledgment guidelines that take into
account the unique requirements of individual
units and programs of the National Park System.
‘‘(C) USE OF SLOGANS PROHIBITED.—A donor acknowledgment shall not permit the use of—
‘‘(i) an advertising slogan; or
‘‘(ii) a statement or credit promoting or opposing a political candidate or issue.
‘‘(4) PLACEMENT.—
‘‘(A) VISITOR AND ADMINISTRATIVE FACILITIES.—A
donor acknowledgment may be located on or inside
a visitor center or administrative facility of the
National Park System (including in a specific room
or section) or any other appropriate location, such
as on a donor recognition wall or plaque.
‘‘(B) OUTSIDE.—A donor acknowledgment may be
located in an area outside of a visitor or administrative facility described in subparagraph (A), including a bench, brick, pathway, area of landscaping, or plaza.
‘‘(C) PROJECTS.—A donor acknowledgment may be
located near a park construction or restoration
project, if the donation directly relates to the
project.
‘‘(D) VEHICLES.—A donor acknowledgment may be
placed on a National Park Service vehicle, if the
donation directly relates to the vehicle.
‘‘(E) LIMITATION.—Any donor acknowledgment associated with a historic structure or placed outside
a park restoration project—
‘‘(i) shall be freestanding; and
‘‘(ii) shall not obstruct a natural or historical
site or view.
‘‘(5) PRINTED, DIGITAL, AND MEDIA PLATFORMS.—The
Secretary may authorize the use of donor acknowledgments under this subsection to include donor acknowledgments on printed, digital, and media platforms, including brochures or Internet websites relating to a specific unit of the National Park System.
‘‘(c) COMMEMORATIVE WORKS ACT AMENDMENTS.—
[Amended section 8905 of Title 40, Public Buildings,
Property, And Works.]
‘‘(d) EFFECT OF SECTION.—Nothing in this section or
an amendment made by this section—

Page 30

‘‘(1) requires the Secretary to accept a donation; or
‘‘(2) modifies section 145 of Public Law 108–108
([former] 16 U.S.C. 1a–1 note [see 54 U.S.C. 100101
note]; 117 Stat. 1280).’’

§ 101102. Authority to accept and use funds to
consolidate Federal land ownership
(a) IN GENERAL.—The Secretary may—
(1) accept and use funds that may be donated
in order to consolidate Federal land ownership
within the existing boundaries of any System
unit; and
(2) encourage the donation of funds for that
purpose, subject to the condition that donated
funds are to be expended for purposes of this
section only if Federal funds in an amount
equal to the amount of the donated funds are
appropriated for the purposes of this section.
(b) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated for each fiscal
year not more than $500,000 to match funds that
are donated for those purposes.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3119.)
HISTORICAL AND REVISION NOTES
Revised
Section
101102 .........

Source (U.S. Code)
16 U.S.C. 452a.

Source (Statutes at Large)
Aug. 31, 1954, ch. 1163, 68
Stat. 1037.

In subsection (b), the words ‘‘not more than $500,000’’
are substituted for ‘‘such funds as may be necessary’’
and the text of 16 U.S.C. 45a (proviso) to eliminate unnecessary words.

SUBCHAPTER II—NATIONAL PARK
FOUNDATION
§ 101111. Purpose and establishment of Foundation
To encourage private gifts of real and personal
property, or any income from, or other interest
in, the property, for the benefit of, or in connection with, the Service, its activities, or its services, and thereby to further the conservation of
natural, scenic, historic, scientific, educational,
inspirational, or recreational resources for future generations of Americans, there is established a charitable and nonprofit corporation to
be known as the National Park Foundation to
accept and administer those gifts.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3120.)
HISTORICAL AND REVISION NOTES
Revised
Section
101111 .........

Source (U.S. Code)
16 U.S.C. 19e.

Source (Statutes at Large)
Pub. L. 90–209, § 1, Dec. 18,
1967, 81 Stat. 656.

§ 101112. Board
(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.
(b) TERM OF OFFICE AND VACANCIES.—The term
of the private citizen members of the Board is 6
years. If a successor is chosen to fill a vacancy
occurring prior to the expiration of a term, the