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16 USC CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR

NATIONAL PARK SYSTEM AREAS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK

SYSTEM AREAS

.

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CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK

SYSTEM AREAS

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Sec.

2301. Congressional statement of findings and purpose.

2302. Transportation service and facility programs.

(a) Formulation and implementation of plans and

projects developed pursuant to plans.

(b) Contracts, acquisitions, etc., for improvement of

access to park system units.

(c) Repealed.

(d) Appropriation of fees collected and covered into

Planning, Development, and Operation of

Recreational Facilities appropriation account.

(e) Establishment of information programs.

(f) Undertaking of concession facilities or services.

(g) Construction of grant of authority respecting

operation of motor vehicles excepted from

statutory coverage.

2303. Transportation projects.

(a) Assistance of heads of other Federal departments

and agencies in formulation and implementation.

(b) Report to Congressional committees concerning

planning, etc.

2304. Procedures applicable to formulation and implementation of

transportation plans and projects developed pursuant to plans.

(a) Public notice and meeting.

(b) Notice and opportunity to comment given to State

and local governments; report to Congressional

committees.

2305. Report to Congress; contents.

2306. Authorization of appropriations; availability of amounts.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 460ii-3, 460ii-4 of this

title.

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16 USC Sec. 2301 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK

SYSTEM AREAS

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Sec. 2301. Congressional statement of findings and purpose

-STATUTE-

(a) The Congress hereby finds that -

(1) the purpose of the National Park System is to preserve

outstanding natural, scenic, historic, and recreation areas for

the enjoyment, education, inspiration, and use of all people;

(2) units of the National Park System have recently been

established near major metropolitan areas in order to preserve

remaining open space and to provide recreational opportunities

for urban residents (many of whom do not have access to personal

motor vehicles); and

(3) circumstances which necessarily require people desiring to

visit units of the National Park System to rely on personal motor

vehicles may diminish the natural and recreational value of such

units by causing traffic congestion and environmental damage, and

by requiring the provision of roads, parking, and other

facilities in ever-increasing numbers and density.

(b) The purpose of this chapter is to make the National Park

System more accessible in a manner consistent with the preservation

of parks and the conservation of energy by encouraging the use of

transportation modes other than personal motor vehicles for access

to and within units of the National Park System with minimum

disruption to nearby communities through authorization of a pilot

transportation program.

-SOURCE-

(Pub. L. 95-344, title III, Sec. 301, Aug. 15, 1978, 92 Stat. 477.)

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16 USC Sec. 2302 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK

SYSTEM AREAS

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Sec. 2302. Transportation service and facility programs

-STATUTE-

(a) Formulation and implementation of plans and projects developed

pursuant to plans

The Secretary of the Interior (hereinafter referred to as

''Secretary'') is authorized to formulate transportation plans and

implement transportation projects where feasible pursuant to those

plans for units of the national park system.

(b) Contracts, acquisitions, etc., for improvement of access to

park system units

To carry out the purposes of subsection (a) of this section, the

Secretary is authorized to -

(1) contract with public or private agencies or carriers to

provide transportation services, capital equipment, or facilities

to improve access to units of the national park system;

(2) operate such services directly in the absence of suitable

and adequate agencies or carriers;

(3) acquire by purchase, lease, or agreement, capital equipment

for such services; and

(4) where necessary to carry out the purposes of this chapter,

acquire by lease, purchase, donation, exchange, or transfer,

lands, waters, and interests therein which are situated outside

the boundary of a unit of the national park system, which

property shall be administered as part of the unit: Provided,

That any land or interests in land owned by a State or any of its

political subdivisions may be acquired only by donation: Provided

further, That any land acquisition shall be subject to such

statutory limitations, if any, on methods of acquisition and

appropriations thereof as may be specifically applicable to such

area.

(c) Repealed. Pub. L. 104-333, div. I, title VIII, Sec.

814(d)(1)(A), Nov. 12, 1996, 110 Stat. 4195

(d) Appropriation of fees collected and covered into Planning,

Development, and Operation of Recreational Facilities

appropriation account

All fees directly collected by the National Park Service in the

operation of the facilities and services authorized by this chapter

shall be covered into the Planning, Development, and Operation of

Recreation Facilities appropriation account to be subject to

appropriation.

(e) Establishment of information programs

The Secretary shall establish information programs to inform the

public of available park access opportunities and to promote the

use of transportation modes other than personal motor vehicles for

access to and travel within the units of the national park system.

(f) Undertaking of concession facilities or services

Transportation facilities and services provided pursuant to this

chapter shall not be considered as concession facilities or

services within the meaning of the Act of October 9, 1965 (79 Stat.

969) (FOOTNOTE 1) and may be undertaken by the Secretary directly

or by contract without regard to any requirement of local, State,

or Federal law respecting determinations of public convenience and

necessity or other similar matters: Provided, That the Secretary or

his contractor shall consult with the appropriate State or local

public service commission or other such body having authority to

issue certificates of convenience and necessity, and any such

contractor shall be subject to applicable requirements of such body

unless the Secretary determines that such requirements would not be

consistent with the purposes and provisions of this chapter.

(FOOTNOTE 1) See References in Text note below.

(g) Construction of grant of authority respecting operation of

motor vehicles excepted from statutory coverage

No grant of authority in this chapter shall be deemed to expand

the exemption of section 10526(a)(9) (FOOTNOTE 1) of title 49.

-SOURCE-

(Pub. L. 95-344, title III, Sec. 302, Aug. 15, 1978, 92 Stat. 478;

Pub. L. 103-437, Sec. 6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub.

L. 104-333, div. I, title VIII, Sec. 814(d)(1)(A), Nov. 12, 1996,

110 Stat. 4195.)

-REFTEXT-

REFERENCES IN TEXT

Act of October 9, 1965, referred to in subsec. (f), is Pub. L.

89-249, Oct. 9, 1965, 79 Stat. 969, known as the National Park

System Concessions Policy Act, which was classified generally to

subchapter IV (Sec. 20 et seq.) of chapter 1 of this title prior to

repeal by Pub. L. 105-391, title IV, Sec. 415(a), Nov. 13, 1998,

112 Stat. 3515.

Section 10526(a)(9) of title 49, referred to in subsec. (g), was

omitted in the general amendment of subtitle IV of Title 49,

Transportation, by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29,

1995, 109 Stat. 804. Previously, ''section 10526(a)(9) of title

49'' was substituted for ''section 203(b)(4) of the Interstate

Commerce Act (49 U.S.C. 303(b)(4)'' on authority of Pub. L. 95-473,

Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which

enacted subtitle IV (Sec. 10101 et seq.) of Title 49.

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AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-333 struck out subsec. (c) which

read as follows: ''Acquisitions pursuant to subsection (b)(3) and

(4) of this section shall not commence prior to sixty days (not

counting days on which the Senate or the House of Representatives

has adjourned for more than three consecutive days) from the time

the Secretary has submitted a detailed proposal for such

acquisitions to the Committee on Energy and Natural Resources of

the Senate and the Committee on Natural Resources of the House of

Representatives.''

1994 - Subsec. (c). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2304 of this title.

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16 USC Sec. 2303 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK

SYSTEM AREAS

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Sec. 2303. Transportation projects

-STATUTE-

(a) Assistance of heads of other Federal departments and agencies

in formulation and implementation

To carry out the purposes of this chapter, the Secretary of

Transportation, the Secretary of Housing and Urban Development, the

Secretary of Health and Human Services, and the Secretary of

Commerce, and the heads of such other Federal departments or

agencies as the Secretary deems necessary are directed to assist

the Secretary in the formulation and implementation of

transportation projects.

(b) Report to Congressional committees concerning planning, etc.

Within one hundred and eighty days from August 15, 1978, the

Secretary shall prepare and submit to the Committee on Energy and

Natural Resources of the Senate and the Committee on Natural

Resources of the House of Representatives, a compilation of Federal

statutes and programs providing authority for the planning,

funding, or operation of transportation projects which might be

utilized by the Secretary to carry out the purpose of this

chapter. The Secretary shall revise the compilation thereafter as

he deems necessary.

-SOURCE-

(Pub. L. 95-344, title III, Sec. 303, Aug. 15, 1978, 92 Stat. 479;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;

Pub. L. 103-437, Sec. 6(d)(18), Nov. 2, 1994, 108 Stat. 4584.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

-CHANGE-

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for

''Secretary of Health, Education, and Welfare'' in subsec. (a)

pursuant to section 509(b) of Pub. L. 96-88, which is classified to

section 3508(b) of Title 20, Education.

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

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16 USC Sec. 2304 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK

SYSTEM AREAS

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Sec. 2304. Procedures applicable to formulation and implementation

of transportation plans and projects developed pursuant to

plans

-STATUTE-

(a) Public notice and meeting

The Secretary shall, during the formulation of any transportation

plan authorized pursuant to section 2302 of this title -

(1) give public notice of intention to formulate such a plan by

publication in the Federal Register and in a newspaper or

periodical having general circulation in the vicinity of the

affected unit of the national park system;

(2) following such notice hold a public meeting at a location

or locations convenient to the affected unit of the National Park

System.

(b) Notice and opportunity to comment given to State and local

governments; report to Congressional committees

Prior to the implementation of any project developed pursuant to

the transportation plan formulated pursuant to subsection (a) of

this section, the Secretary shall -

(1) establish procedures, including but not limited to public

meetings, to give State and local governments and the public

adequate notice and an opportunity to comment on the proposed

transportation project; and

(2) submit, when the proposed project would involve an

expenditure in excess of $100,000 in any fiscal year, a detailed

report to the Committee on Energy and Natural Resources of the

United States Senate and the Committee on Natural Resources of

the United States House of Representatives. The Secretary may

proceed with the implementation of such plan only after sixty

days (not counting days on which the Senate or House of

Representatives has adjourned for more than three consecutive

days) have elapsed following submission of the plan.

-SOURCE-

(Pub. L. 95-344, title III, Sec. 304, Aug. 15, 1978, 92 Stat. 479;

Pub. L. 103-437, Sec. 6(d)(18), Nov. 2, 1994, 108 Stat. 4584.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2). Pub. L. 103-437 substituted ''Natural

Resources'' for ''Interior and Insular Affairs'' after ''Committee

on''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

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16 USC Sec. 2305 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK

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Sec. 2305. Report to Congress; contents

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The Secretary shall submit a report to the Congress within three

years of August 15, 1978. The report shall include, but not be

limited to, his findings and recommendations regarding -

(a) preservation of natural resource values within units of the

National Park System through access alternatives;

(b) effects of transportation projects on communities in close

proximity to the units of the National Park System; and

(c) future transportation projects formulated pursuant to this

chapter.

-SOURCE-

(Pub. L. 95-344, title III, Sec. 305, Aug. 15, 1978, 92 Stat. 479.)

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16 USC Sec. 2306 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 43 - PUBLIC TRANSPORTATION PROGRAMS FOR NATIONAL PARK

SYSTEM AREAS

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Sec. 2306. Authorization of appropriations; availability of amounts

-STATUTE-

In carrying out the purposes of this chapter, there is hereby

authorized to be appropriated $1,000,000 for fiscal year 1979;

$2,000,000 for fiscal year 1980; and $3,000,000 for fiscal year

1981, which shall remain available until expended. In a fiscal

year when the amounts actually appropriated are less than the

amounts listed above, the authorized but unappropriated amount

shall continue to be available for appropriation in succeeding

fiscal years.

-SOURCE-

(Pub. L. 95-344, title III, Sec. 306, Aug. 15, 1978, 92 Stat. 480.)

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