United States Code

construct, reconstruct, and improve roads and trails, inclusive of necessary bridges, in the national parks and monuments under the jurisdiction of the Department of the Interior. (Apr. 9, 1924, ch. 86, § 1, 43 Stat. 90.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Approach roads and trails in national parks and national monuments, see section 8b of this title.

§8-1. Same; administration of appropriations.

Appropriations for the construction, reconstruction, and improvement, of roads and trails, inclusive of necessary bridges, in national parks, monuments, and other areas administered by the National Park Service, including areas authorized to be established as national parks and monuments, and national park and monument approach roads authorized by sections 8a-8c of this title, shall be administered in conformity with regulations jointly approved by the Secretary of the Interior and the Secretary of Commerce. (Sept. 5, 1940, ch. 715, § 8, 54 Stat. 870; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 20, 1949, 14 F. R. 5228, 63 Stat. 1070; Sept. 7, 1950, ch. 912, § 4 (a), 64 Stat. 787.)

CODIFICATION

Act Sept. 5, 1940, ch. 715, § 8, 54 Stat. 870, which formerly constituted this section, provided for regulations jointly approved by the Secretary of the Interior and the Federal Works Administrator. The functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 630b of Title 5, Executive Departments and Government Officers and Employees. Functions with respect to the Bureau of Public Roads which, by such section 630b of Title 5 were transferred to the Administrator of General Services, were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7, set out in note under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees.

APPROPRIATIONS FOR FISCAL YEARS 1953 AND 1954 Section 4 (a) of act June 25, 1952, ch. 462, 66 Stat. 159, provided in part for the appropriation of $10,000,000 for each of the fiscal years 1953 and 1954.

CROSS REFERENCES

Delegation of authority and separability of provisions under act Sept. 7, 1950, see note under section 3a of Title 23, Highways.

§ 8a. National-park approach roads; designation.

Whenever the Secretary of the Interior shall determine it to be in the public interest he may designate as national-park approach roads and as supplementary parts of the highway systems of any of the national parks roads whose primary value is to carry national-park travel and which lead across lands wholly or to the extent of 90 per centum owned by the Government of the United States and which will

connect the highways within a national park with a convenient point on or leading to the Federal 7 per centum highway system: Provided, That such approach roads so designated shall be limited to not to exceed sixty miles in length between a park gateway and such point on or leading to the nearest convenient 7 per centum system road; or, if such approach road is on the 7 per centum system, it shall be limited to not to exceed thirty miles: Provided further, That not to exceed forty miles of any one approach road shall be designated in any one county. (Apr. 9, 1924, ch. 86, § 4, as added Jan. 31, 1931, ch. 79, 46 Stat. 1053.)

§ 8b. National-park approach roads and roads and trails within national parks and national monuments; construction, improvement, and maintenance; appropriation.

The Secretary of the Interior is authorized during the fiscal years 1950 and 1951 to construct, reconstruct, and improve national-park approach roads designated under section 8a of this title, inclusive of necessary bridges, and to enter into agreements for the maintenance thereof by State or county authorities, or to maintain them when otherwise necessary, as well as hereafter to construct, reconstruct, and improve roads and trails within the national parks and national monuments; and for all such purposes there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the following sums: $10,000,000 for the fiscal year ending June 30, 1950; the sum of $10,000,000 for the fiscal year ending June 30, 1951: Provided, That under agreement with the Secretary of the Interior the Secretary of Commerce may carry out any or all of the provisions of this section: Provided further, That not to be exceed $1,500,000 shall be allocated annually for the construction, reconstruction, and improvement of such national-park approach roads: And provided further, That nothing in this section or sections 8a and 8c of this title shall be construed to limit the authority of the Secretary of the Interior to hereafter construct, reconstruct, improve, and maintain roads and trails within the national parks and national monuments. (Apr. 9, 1924, ch. 86, § 5, as added Jan. 31, 1931, ch. 79, 46 Stat. 1053, and amended 1939 Reorg. Plan No. 1, §§ 301, 302, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1426; June 29, 1948, ch. 732, § 4 (a), 62 Stat. 1107; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1949 Reorg. Plan No. 7, § 2, eff. Aug. 10, 1949, 14 F. R. 5228, 63 Stat. 1070.)

TRANSFER OF FUNCTIONS

All functions of the Administrator of General Services with respect to the Bureau of Public Roads were transferred to the Secretary of Commerce by 1949 Reorg. Plan No. 7. See note set out under section 8-1 of this title.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Said section 103 is set out as section 630b of Title 5, Executive Departments and Government Officers and Employees.

All functions of the Secretary of Agriculture with respect to the Public Roads Administration were transferred to the Federal Works Administrator by 1939 Reorg. Plan No. I, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions as effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

§8c. National-park approach roads across or within national forests; approval of Secretary of Agriculture.

Whenever any approach road is proposed under the terms of section 8a of this title across or within any national forest the Secretary of the Interior shall secure the approval of the Secretary of Agriculture before construction shall begin. (Apr. 9, 1924, ch. 86, § 6, as added Jan. 31, 1931, ch. 79, 46 Stat. 1054.) § 8d. National-monument approach roads.

Approach roads to national monuments shall be included within the provisions of sections 8a-8c of this title under the same conditions as approach roads to national parks, and the limitation therein on the amount of annual allocation of funds to national park approach roads shall be inclusive of such national monument approaches. ch. 522, title I, 46 Stat. 1570.)

(Mar. 4, 1931,

§ 8e. Conveyance to States of roads leading to certain historical areas; conditions; jurisdiction.

The Secretary of the Interior is authorized in his discretion, subject to such conditions as may seem to him proper, to convey by proper quitclaim deed to any State, county, municipality, or proper agency thereof, in which the same is located, all the right, title, and interest of the United States in and to any Government owned or controlled road leading to any national cemetery, national military park, national historical park, national battlefield park, or national historic site administered by the National Park Service. Prior to the delivery of any conveyance under this section, the State, county, or municipality to which the conveyance authorized in this section is to be made shall notify the Secretary of the Interior in writing of its willingness to accept and maintain the road or roads included in such conveyance. Upon the execution and delivery of any conveyance authorized in this section, any jurisdiction heretofore ceded to the United States by a State over the roads conveyed shall thereby cease and determine and shall thereafter vest and be in the particular State in which such roads are located. (June 3, 1948, ch. 401, § 1, 62 Stat. 334.)

TRANSFER OF FUNCTIONS

§ 8f. Same; definition of "State". The word "State" as used in section 8e of this title includes Hawaii, Alaska, Puerto Rico, and the Virgin Islands. (June 3, 1948, ch. 401, § 2, 62 Stat.

334.)

§ 9. Repealed. June 30, 1949, ch. 288, title VI, § 602 (a) (12), 63 Stat. 400, eff. July 1, 1949, renumbered Sept. 5, 1950, ch. 849, § 6 (a) (b), 64 Stat. 583.

Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to exchange of motor vehicles and equipment as part consideration in purchase of new equipment, and is now covered by subchapter I of chapter 10 of Title 40, Public Buildings, Property, and Works.

§ 9a. Government of parks, etc.; violation of regulations as misdemeanor.

The Secretary of the Army is authorized to prescribe and publish such regulations as he deems necessary for the proper government and protection of, and maintenance of good order in, national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials as are now or hereafter may be under the control of the Department of the Army; and any person who knowingly and willfully violates any such regulation shall be deemed guilty of a misdemeanor and punishable by a fine of not more than $100 or by imprisonment for not more than three months, or by both such fine and imprisonment. (Mar. 2, 1933, ch. 180, § 1, 47 Stat. 1420; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

CONSOLIDATION OF FUNCTIONS

Functions of administration of national parks, national monuments, etc., including national cemeteries and parks of the Department of the Army located within the continental limits of the United States, consolidated in an Office of National Parks, Buildings and Reservations, see Ex. Ord. No. 6166, § 2, June 10, 1933, set out as note to section 132 of Title 5, Executive Departments and Government Officers and Employees.

National Park Service was substituted for Office of National Parks, Buildings, and Reservations referred to in Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389.

CEMETERIES AND PARKS TRANSFERRED

Cemeteries and parks transferred, and postponement of transfer of national cemeteries other than those named by Ex. Ord. No. 6166, § 2, as amended by Ex. Ord. No. 6228, §§ 1, 2, July 28, 1933, set out as notes to section 132 of Title 5, Executive Departments and Government Officers and Employees.

§ 10. Arrests by employees of park service for violations of laws and regulations.

All persons employed in the National Park Service of the United States shall have authority to make arrests for the violation of the laws and regulations relating to the national forests and national parks, and any person so arrested shall be taken before the nearest United States commissioner, within whose jurisdiction the national forest or national park is located, for trial; and upon sworn information by any competent person any United States commissioner in the proper jurisdiction shall issue process for the arrest of any person charged with the viola

tion of said laws and regulations; but nothing herein contained shall be construed as preventing the arrest by any officer of the United States, without process, of any person taken in the act of violating said laws and regulations. (Mar. 3, 1905, ch. 1405, 33 Stat. 873.)

TRANSFER OF FUNCTIONS

§ 10a. Arrest by employees for violation of regulations made under section 9a.

The commissioners, superintendents, caretakers, officers, or guards of such national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials, or any of them, are authorized to make arrests for violations of any of the regulations prescribed pursuant to section 9a of this title, and to bring the offenders before the nearest commissioner, judge, or court of the United States having jurisdiction in the premises. 1933, ch. 180, § 2, 47 Stat. 1420.)

TRANSFER OF FUNCTIONS

(Mar. 2,

§ 11. Medical attention for employees.

The Secretary of the Interior in his administration of the National Park Service is authorized to contract for medical attention and service for employees and to make necessary pay-roll deductions agreed to by the employees therefor. (May 10, 1926, ch. 277, § 1, 44 Stat. 491.)

TRANSFER OF FUNCTIONS

§ 12. Aid to visitors in emergencies.

The Secretary of the Interior is authorized to aid and assist visitors within the national parks or national monuments in emergencies, and when no other source is available for the procurement of food or supplies, by the sale, at cost, of food or supplies in quantities sufficient to enable them to reach safely a point where such food or supplies can be pur

chased: Provided, That the receipts from such sales shall be deposited as a refund to the appropriation or appropriations current at the date of covering in of such deposit and shall be available for the purchase of similar food or supplies. (July 3, 1926, ch. 792, § 1, 44 Stat. 900.)

§ 13. Medical attention to employees at isolated places; removal of bodies for burial.

The Secretary of the Interior, in his discretion, is authorized to provide, out of moneys appropriated for the general expense of the several national parks and national monuments, medical attention for employees of the National Park Service located at isolated situations, including the moving of such employees to hospitals or other places where medical assistance is available, and in case of death to remove the bodies of deceased employees to the nearest place where they can be prepared for shipment or for burial. (July 3, 1926, ch. 792, § 2, 44 Stat. 900.)

TRANSFER OF FUNCTIONS

§ 14. Appropriations; availability where charge made for camp-ground privileges.

None of the appropriations for the National Park Service shall be available for expenditure within any park or national monument wherein a charge is made or collected by the Park Service for camp-ground privileges. (Mar. 7, 1928, ch. 137, § 1, 45 Stat. 238; Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1602.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such offcers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 14a. Same; availability for printing information and signs.

Appropriations made for the National Park Service shall be available for the printing of information and directional signs made of cloth and required in the administration of areas under its jurisdiction. (May 10, 1939, ch. 119, § 1, 53 Stat. 729.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such offcers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 14b. Same; credits of receipts for meals and quarters furnished Government employees in the field. Cash collections and pay-roll deductions made for meals and quarters furnished by the National Park Service to employees of the Government in the field and to cooperating agencies may be credited as a reimbursement to the current appropriation for the administration of the park or monument in which the accommodations are furnished. (May 9, 1935, ch. 101, § 1, 49 Stat. 209.)

TRANSFER OF FUNCTIONS

§ 14c. Same; availability for expense of recording donated lands.

Appropriations made for the National Park Service shall be available for any expenses incident to the preparation and recording of title evidence covering lands to be donated to the United States for administration by the National Park Service. (June 28, 1941, ch. 259, § 1, 55 Stat. 350.)

TRANSFER OF FUNCTIONS

§ 15. Appropriations for purchase of equipment; waterproof footwear.

Appropriations whenever made for the National Park Service, which are available for the purchase of equipment may be used for purchase of waterproof footwear which shall be regarded and listed as park equipment. (Mar. 7, 1928, ch. 137, § 1, 45 Stat. 238.) § 16. Central warehouses at parks and monuments; maintenance; purchase of supplies and materials; distribution.

The Secretary of the Interior, in his administration of the national parks and national monuments, is authorized to maintain central warehouses at said parks and monuments, and appropriations made for the administration, protection, maintenance, and improvement of the said parks and monuments shall be available for the purchase of supplies and materials to be kept in said central warehouses for distribution at cost, including transportation and handling, to projects under specific appropriations, and transfers between the various appropriations made for the national parks and national monuments are authorized for the purpose of charging the cost of supplies and materials, including transportation and handling, drawn from central warehouses main

tained under this authority to the particular appropriation benefited; and such supplies and materials as remain therein at the end of any fiscal year shall be continuously available for issuance during subsequent fiscal years and to be charged for by such transfers of funds between appropriations made for the administration, protection, maintenance, and improvement of said parks and monuments for the fiscal year then current without decreasing in any way the appropriations made for that fiscal year: Provided, That supplies and materials shall not be purchased solely for the purpose of increasing the value of storehouse stuck beyond reasonable requirements for any current fiscal year. (Apr. 18, 1930, ch. 187, 46 Stat. 219.)

TRANSFER OF FUNCTIONS Functions of procurement of supplies, services, stores, etc., exercised by any other agency, transferred to Procurement Division in the Treasury Department, see Ex. Ord. No. 6166, § 1, June 10, 1933, set out as note to section 132 of Title 5, Executive Departments and Government Officers and Employees.

§ 17. Personal equipment and supplies for employees; purchase by Secretary of Interior; deductions from moneys due employees.

The Secretary of the Interior is authorized to purchase personal equipment and supplies for employees of the National Park Service, and to make deductions therefor from moneys appropriated for salary payments or otherwise due such employees. (May 26, 1930. ch. 324, § 1. 46 Stat. 381.)

TRANSFER OF FUNCTIONS

§ 17a. Travel on official business; allowances authorized; motorcycles and automobiles.

The Secretary of the Interior, in his administration of the National Park Service, may authorize the payment of not to exceed 3 cents per mile for a motorcycle or 7 cents per mile for an automobile used for official business, including travel at official stations, when, in his judgment, the expense of travel can be reduced thereby: Provided, That he may authorize not to exceed 10 cents per mile for an automobile used in localities where poor road conditions or high cost of motor supplies prevail, and he finds that the average cost to the operator is in excess of 7 cents per mile: Provided further, That he may authorize the payment of toll and ferry charges, storage, and towage for such automobiles in addition to mileage allowances. (May 26, 1930, ch. 324, § 2, 46 Stat. 382.)

TRANSFER OF FUNCTIONS

vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Mileage allowances to civilian officers and employees for use of privately owned vehicles and airplanes, see section 837 of Title 5, Executive Departments and Government Officers and Employees.

§ 17b. Services or other accommodations for public; contracts; rates.

The Secretary of the Interior is authorized to contract for services or other accommodations provided in the national parks and national monuments for the public under contract with the Department of the Interior, as may be required in the administration of the National Park Service, at rates approved by him for the furnishing of such services or accommodations to the Government and without compliance with the provisions of section 5 of Title 41. (May 26, 1930, ch. 324, § 3, 46 Stat. 382.)

TRANSFER OF FUNCTIONS

§ 17c. Procurement of supplies, materials, and special services to aid permittees and licensees in emergencies; authority of Secretary of Interior. The Secretary of the Interior is authorized in emergencies, when no other source is available for the immediate procurement of supplies, materials, or special services, to aid and assist grantees, permittees, or licensees conducting operations for the benefit of the public in the national parks and national monuments by the sale at cost, including transportation and handling of such supplies, materials, or special services as may be necessary to relieve the emergency and insure uninterrupted service to the pubic: Provided, That the receipts from such sales shall be deposited as a refund to the appropriation or appropriations current at the date of covering in of such deposit, and shall be available for expenditure for national-park and national-monument purposes. (May 26, 1930, ch. 324, § 4, 46 Stat. 382.)

§ 17d. Traveler's checks and other forms of money equivalent; acceptance in payment of automobile license fees, etc.

The provisions of section 543 of Title 31 shall not be construed so as to prohibit the cashing of traveler's checks or other forms of money equivalent in customary use by travelers, exclusive of personal checks, when tendered in payment of automobile license fees charged at national parks under the jurisdiction of the Secretary of the Interior, or other collections made within the national parks or national monuments. (May 26, 1930, ch. 324, § 5, 46 Stat. 382.)

§ 17e. Care and removal of indigents; disposition of dead persons.

The Secretary of the Interior is authorized, in his discretion, to provide, out of moneys appropriated for the general expenses of the several national parks, for the temporary care and removal from the park of indigents, and in case of death to provide for their burial in those national parks not under local jurisdiction for these purposes; this section in no case to authorize transportation of such indigent or dead for a distance of more than fifty miles from the national park. (May 26, 1930, ch. 324, § 6, 46 Stat. 382.)

§ 17f. Property of employee lost, damaged, or destroyed while in use on official business; reimbursement of employee.

The Secretary of the Interior in his administration of the National Park Service is authorized to reimburse employees and other owners of horses, vehicles, and other equipment lost, damaged, or destroyed while in the custody of such employee or the Department of the Interior, under authorization, contract, or loan, for necessary fire fighting, trail, or other official business, such reimbursement to be made from any available funds in the appropriation to which the hire of such equipment would be properly chargeable. (May 26, 1930, ch. 324, § 7, 46 Stat. 382.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such offcers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. §17g. Equipment required by field employees; by whom furnished and maintained.

The Secretary of the Interior may require field employees of the National Park Service to furnish horses, motor and other vehicles, and miscellaneous equipment necessary for the performance of their official work; and he may provide, at Government expense, forage, care, and housing for animals, and housing or storage and fuel for vehicles and other equipment so required to be furnished. (May 26, 1930, ch. 324, § 8, 46 Stat. 383.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 8, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees. § 17h. Hire, rental, and purchase of property of employees; when authorized.

The Secretary of the Interior may, under such regulations as he may prescribe, authorize the hire, rental, or purchase of property from employees of

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