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(continued)
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
"(2) Staff. -
"(A) In general. - The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
"(B) Confirmation of executive director. - The employment of
an executive director shall be subject to confirmation by the
Commission.
"(3) Compensation. -
"(A) In general. - Except as provided in subparagraph (B),
the Chairperson of the Commission may fix the compensation of
the executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates.
"(B) Maximum rate of pay. - The rate of pay for the executive
director and other personnel shall not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
"(4) Detail of government employees. -
"(A) Federal employees. -
"(i) In general. - On the request of the Commission, the
head of any Federal agency may detail, on a reimbursable or
non-reimbursable basis, any of the personnel of the agency to
the Commission to assist the Commission in carrying out the
duties of the Commission under this Act.
"(ii) Civil service status. - The detail of an employee
under clause (i) shall be without interruption or loss of
civil service status or privilege.
"(B) State employees. - The Commission may -
"(i) accept the services of personnel detailed from States
(including subdivisions of States); and
"(ii) reimburse States for services of detailed personnel.
"(5) Volunteer and uncompensated services. - Notwithstanding
section 1342 of title 31, United States Code, the Commission may
accept and use voluntary and uncompensated services as the
Commission determines necessary.
"(6) Support services. - The Director of the National Park
Service shall provide to the Commission, on a reimbursable basis,
such administrative support services as the Commission may
request.
"(f) Procurement of Temporary and Intermittent Services. - The
Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of title
5, United States Code, at rates for individuals that do not exceed
the daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of that title.
"(g) FACA Nonapplicability. - Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
"(h) No Effect on Authority. - Nothing in this section supersedes
the authority of the State, the National Park Service, or the
Association for the Preservation of Virginia Antiquities,
concerning the commemoration.
"(i) Termination. - The Commission shall terminate on December
31, 2008.
"SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated such sums as are
necessary to carry out this Act."
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 127], Dec.
21, 2000, 114 Stat. 2763, 2763A-229, 2763A-359, enacted provisions
substantially identical to those enacted by Pub. L. 106-565, set
out above.
-End-
-CITE-
16 USC Sec. 81a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81a. Location and boundaries
-STATUTE-
The Secretary of the Interior is authorized and directed to make
an examination of Jamestown Island, parts of the city of
Williamsburg, and the Yorktown battlefield, all in the State of
Virginia, and areas for highways to connect said island, city, and
battlefield with a view to determining the area or areas thereof
desirable for inclusion in the said Colonial National Historical
Park, not to exceed two thousand five hundred acres of the said
battlefield or five hundred feet in width as to such connecting
areas, and upon completion thereof he shall make appropriate
recommendations to the President, who shall establish the
boundaries of said national park by proclamation: Provided, That
the boundaries so established may be enlarged or diminished by
subsequent proclamation or proclamations of the President upon the
recommendations of the Secretary of the Interior, any such
enlargement only to include lands donated to the United States or
purchased by the United States without resort to condemnation.
-SOURCE-
(July 3, 1930, ch. 837, Sec. 2, 46 Stat. 855; June 5, 1936, ch.
525, Sec. 2, 49 Stat. 1483.)
-COD-
CODIFICATION
Section was formerly classified to section 443a of this title.
-CHANGE-
CHANGE OF NAME
Act June 5, 1936, changed "Colonial National Monument" to
"Colonial National Historical Park".
-MISC1-
BOUNDARIES OF PARK
Boundaries were established by Presidential Proc. No. 1929, Dec.
30, 1930, 46 Stat. 3041, and Proc. No. 2055, Aug. 22, 1933, 48
Stat. 1706.
-End-
-CITE-
16 USC Sec. 81b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81b. Revision of boundaries
-STATUTE-
Subject to all the laws and regulations applicable to the
Colonial National Historical Park, the boundaries of said
historical park as established by section 81a of this title and as
defined by Presidential Proclamation Numbered 2055, dated August
22, 1933 (48 Stat. 1706), are revised by the elimination of the
parkway area described in said proclamation as running north and
west of the city of Williamsburg to Jamestown Island, and the
substitution therefor of a parkway area running southerly through
or around the city of Williamsburg, thence continuing south of said
city to the James River and thence along said river and connecting
waters to Jamestown Island, the exact location of which shall be
determined by the Secretary of the Interior: Provided, That said
parkway area shall not exceed an average of five hundred feet in
width outside the city of Williamsburg: And provided further, That
condemnation proceedings shall not be had, exercised, or resorted
to as to any lands in the city of Williamsburg except such lands as
may be required for a right-of-way not exceeding two hundred feet
in width through said city to connect with highways or parkways
leading from Williamsburg to Jamestown and Yorktown.
-SOURCE-
(June 28, 1938, ch. 775, Sec. 1, 52 Stat. 1208.)
-COD-
CODIFICATION
Section was not enacted as part of act July 3, 1930, ch. 837, 46
Stat. 855, which comprises this subchapter.
-CHANGE-
CHANGE OF NAME
Act June 5, 1936, changed "Colonial National Monument" to
"Colonial National Historical Park".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 81p of this title.
-End-
-CITE-
16 USC Sec. 81c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81c. Addition of lands
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to acquire by purchase and/or accept by donation, in behalf of the
United States, such lands, easements, and buildings comprising the
former Governor Berkeley's mansion and homestead in James City
County and Carter's Grove mansion and homestead in the same county,
and the Rosewell mansion and homestead in Gloucester County as are
desirable for the proper rounding out of the boundaries and for the
administrative control of the Colonial National Historical Park,
and such lands as are necessary for parkways, not to exceed five
hundred feet wide, to connect said mansions to the said Colonial
National Historical Park, the title and evidence of title to lands
acquired to be satisfactory to the Secretary of the Interior:
Provided, That the said acquisition of lands and/or improvements
shall be made only from such funds as may be appropriated pursuant
to the authorization of section 81f of this title.
-SOURCE-
(June 5, 1936, ch. 525, Secs. 1, 2, 49 Stat. 1483.)
-COD-
CODIFICATION
Section was not enacted as part of act July 3, 1930, ch. 837, 46
Stat. 855, which comprises this subchapter.
Section was formerly classified to section 443a-1 of this title.
-CHANGE-
CHANGE OF NAME
Section 2 of act June 5, 1936, provided: "That the area now
within the Colonial National Monument, together with such additions
as may hereafter be made thereto, pursuant to section 1 hereof,
shall be known as the 'Colonial National Historical Park', under
which name the aforesaid national park shall be entitled to receive
and to use all moneys heretofore or hereafter appropriated for the
Colonial National Monument."
-End-
-CITE-
16 USC Sec. 81d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81d. Addition of lands
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to acquire by purchase, donation, or otherwise, in behalf of the
United States, such lands or interests in lands, easements, and
buildings comprising the following: Glass House Point, in James
City County; the area known as "The Hook", including the site of
the action of October 3, 1781, in Gloucester County; and such
additional lands as are desirable for the proper rounding out of
the boundaries and for the administrative control of the Colonial
National Historical Park: Provided, That the total acreage of lands
to be added to the park, with the exception of parkways under the
terms hereof shall not exceed seven hundred and fifty acres:
Provided further, That the said acquisition of lands or
improvements shall be made from such funds as may be appropriated
pursuant to the authorization of section 81f of this title.
-SOURCE-
(June 28, 1938, ch. 775, Sec. 2, 52 Stat. 1209.)
-COD-
CODIFICATION
Section was not enacted as part of act July 3, 1930, ch. 837, 46
Stat. 855, which comprises this subchapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 81p of this title.
-End-
-CITE-
16 USC Sec. 81e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81e. Acquisition of property; condemnation proceedings
-STATUTE-
The Secretary of the Interior is authorized to accept donations
of land, interest in land, buildings, structures, and other
property within the boundaries of said park as determined and fixed
hereunder and donations of funds for the purchase and/or
maintenance thereof, the evidence of title to such lands to be
satisfactory to the Secretary of the Interior: Provided, That he
may acquire on behalf of the United States by purchase when
purchasable at prices deemed by him reasonable, otherwise by
condemnation under the provisions of section 3113 of title 40, such
tracts of land within the said park as may be necessary for the
completion thereof: Provided further, That condemnation proceedings
herein provided for shall not be had, exercised, or resorted to as
to lands belonging to the Association for the Preservation of
Virginia Antiquities, a corporation chartered under the laws of
Virginia, or to the city of Williamsburg, Virginia, or to any other
lands in said city except such lands as may be required for a
right-of-way not exceeding two hundred feet in width through the
city of Williamsburg to connect with highways or parkways leading
from Williamsburg to Jamestown and to Yorktown.
-SOURCE-
(July 3, 1930, ch. 837, Sec. 3, 46 Stat. 856; June 5, 1936, ch.
525, Sec. 2, 49 Stat. 1483.)
-COD-
CODIFICATION
"Section 3113 of title 40" substituted in text for "the Act of
August 1, 1888 (U.S.C., title 40, secs. 257, 258; 25 Stat. 357)" on
authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
Section was formerly classified to section 443b of this title.
-CHANGE-
CHANGE OF NAME
Act June 5, 1936, changed "Colonial National Monument" to
"Colonial National Historical Park."
-End-
-CITE-
16 USC Sec. 81f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81f. Authorization of appropriation
-STATUTE-
There is authorized to be appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be necessary
to carry out the provisions of this subchapter, which shall not
exceed the sum of $10,472,000 to be available for all expenses
incident to the examination and establishment of the said Colonial
National Historical Park and for the acquisition of lands and/or
lands and improvements needed for the completion of the park,
including the securing of options and other incidental expenses.
The area of the Yorktown battlefield, authorized for inclusion in
said park, is extended to not to exceed four thousand five hundred
acres, and all Government-owned lands within the boundaries of said
park as established by presidential proclamation, except those
determined by the Secretary of the Interior as not necessary in
carrying out the objects of said park are transferred to the
administrative jurisdiction and control of the National Park
Service.
-SOURCE-
(July 3, 1930, ch. 837, Sec. 4, 46 Stat. 856; Mar. 3, 1931, ch.
405, 46 Stat. 1490; June 5, 1936, ch. 525, Sec. 2, 49 Stat. 1483;
Pub. L. 90-74, Aug. 29, 1967, 81 Stat. 176; Pub. L. 93-477, title
I, Sec. 101(2), Oct. 26, 1974, 88 Stat. 1445.)
-COD-
CODIFICATION
Section was formerly classified to section 443c of this title.
-MISC1-
AMENDMENTS
1974 - Pub. L. 93-477 substituted "$10,472,000" for "$2,777,000".
1967 - Pub. L. 90-74 substituted "$2,777,000" for "$2,000,000".
1931 - Act Mar. 3, 1931, changed amount of appropriation and
inserted last sentence extending the area of Yorktown battlefield.
-CHANGE-
CHANGE OF NAME
Act June 5, 1936, changed "Colonial National Monument" to
"Colonial National Historical Park".
-MISC2-
GEORGE WALLER BLOW ESTATE; USE OF 1967 INCREASE IN AUTHORIZATION OF
APPROPRIATIONS TO PURCHASE
Pub. L. 90-74 provided in part that the limit on the authorized
appropriation was increased from $2,000,000 to $2,777,000 in order
to permit acquisition of the Thomas Nelson House, the Edmund Smith
House, the John Ballard House, and the Thomas Pate House, all of
which are located within the boundaries of the Colonial National
Historical Park on lots numbered 42A, 44 through 55, 84, 85, and
120 through 129, and known as the George Waller Blow Estate.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 81d of this title.
-End-
-CITE-
16 USC Sec. 81g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81g. Administration, protection, and development
-STATUTE-
The administration, protection, and development of the aforesaid
national park shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to
the provisions of sections 1, 2, 3, and 4 of this title, as
amended.
-SOURCE-
(July 3, 1930, ch. 837, Sec. 5, 46 Stat. 856; June 5, 1936, ch.
525, Sec. 2, 49 Stat. 1483.)
-COD-
CODIFICATION
Section was formerly classified to section 443d of this title.
-CHANGE-
CHANGE OF NAME
Act June 5, 1936, changed "Colonial National Monument" to
"Colonial National Historical Park".
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 81h of this title.
-End-
-CITE-
16 USC Sec. 81h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81h. Civil and criminal jurisdiction; legislative authority of
State over park
-STATUTE-
Nothing in this subchapter shall be held to deprive the State of
Virginia, or any political subdivision thereof, of its civil and
criminal jurisdiction in and over the areas included in said
national park, nor shall this subchapter in any way impair or
affect the rights of citizenship of any resident therein; and save
and except as the consent of the State of Virginia may be hereafter
given, the legislative authority of said State in and over all
areas included within said national park shall not be diminished or
affected by the creation of said national park, nor by the terms
and provisions of this subchapter: Provided, That any rules and
regulations authorized in section 81g of this title, and in
sections 1, 2, 3, and 4 of this title therein referred to, shall
not apply to any property of a public nature in the city of
Williamsburg, other than property of the United States.
-SOURCE-
(July 3, 1930, ch. 837, Sec. 6, 46 Stat. 856; June 5, 1936, ch.
525, Sec. 2, 49 Stat. 1483.)
-COD-
CODIFICATION
Section was formerly classified to section 443e of this title.
-CHANGE-
CHANGE OF NAME
Act June 5, 1936, changed "Colonial National Monument" to
"Colonial National Historical Park".
-End-
-CITE-
16 USC Sec. 81i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81i. Donation of buildings thereafter revenue producing;
disposition of proceeds
-STATUTE-
In the event that lands and/or buildings, structures, and so
forth, within the city of Williamsburg are donated to the United
States and are thereafter revenue producing, the United States
shall pay in the treasury of the city of Williamsburg 25 per centum
of any rentals included in said revenues, and 25 per centum of the
net proceeds of any commercial enterprise there conducted by the
United States, such payment into the treasury of the city of
Williamsburg not to exceed $20,000 in any year.
-SOURCE-
(July 3, 1930, ch. 837, Sec. 7, 46 Stat. 856.)
-COD-
CODIFICATION
Section was formerly classified to section 443f of this title.
-End-
-CITE-
16 USC Sec. 81j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81j. Transfer of lands to Secretary of Navy
-STATUTE-
The Secretary of the Interior be, and he is, authorized and
directed to transfer to the Secretary of the Navy complete control
and jurisdiction over a parcel of land within the Colonial National
Historical Park, Yorktown, Virginia, described as follows:
Beginning at a point on the existing property line between the
United States naval mine depot and the Colonial National Monument
Parkway properties, said point being a fence corner seven hundred
and sixty-five feet, more or less, southeast of the marine barracks
gate; thence south fifty-six degrees thirty-eight minutes east
fifty-three and fifteen one-hundredths feet, more or less; thence
south fifty degrees sixteen minutes east three hundred and twelve
feet, more or less; thence south thirty-nine degrees forty-four
minutes west one hundred and twenty-five and seven one-hundredths
feet, more or less, to the property line between the United States
naval mine depot and the Colonial National Monument Parkway; thence
along the said property line north thirty-nine degrees fifty-four
minutes west one hundred and twenty-eight and ninety-six
one-hundredths feet, more or less; thence continuing along said
property line north twenty-eight degrees eighteen minutes west two
hundred and fifty-six and fifty-nine one-hundredths feet, more or
less, to the point of beginning; containing six hundred and
twenty-one one-thousandths of an acre, more or less.
-SOURCE-
(Dec. 23, 1944, ch. 721, 58 Stat. 923.)
-COD-
CODIFICATION
Section was not enacted as part of act July 3, 1930, ch. 837, 46
Stat. 855, which comprises this subchapter.
-MISC1-
SEWAGE-DISPOSAL SYSTEM FOR YORKTOWN AREA
Act Mar. 29, 1956, ch. 111, 70 Stat. 64, provided for the
modernization of the sanitary facilities in the Yorktown area of
Colonial National Historical Park, and in anticipation of the 1957
Jamestown-Williamsburg-Yorktown celebration, authorized the
Secretary of the Interior to construct, operate, and maintain a
sewage-disposal system to serve Federal and non-Federal properties
in the Yorktown area.
TEMPORARY TRANSFER OF JURISDICTION OF PORTION
Act Dec. 24, 1942, ch. 820, 56 Stat. 1085, provided: "That the
Secretary of the Interior be, and he is hereby, authorized and
directed to transfer to the control and jurisdiction of the
Department of the Navy a portion of the Colonial National
Historical Park, Yorktown, Virginia, south of Ballards Creek and
adjacent to the east boundary of the naval mine depot, containing
approximately sixteen acres.
"Sec. 2. The President of the United States is authorized by
Executive order to retransfer jurisdiction over the property to the
Secretary of the Interior upon his application when, in the
judgment of the President, the property has become surplus to the
needs of the Department of the Navy, in which event it again shall
become a part of the Colonial National Historical Park."
-End-
-CITE-
16 USC Sec. 81k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81k. Exchange of lands
-STATUTE-
The Secretary of the Interior is authorized, in his discretion,
to accept on behalf of the United States from the York County
School Board, State of Virginia, title to approximately one-half
acre of land in Nelson District, York County, Virginia, situated
within the authorized boundaries of the Colonial National
Historical Park, and in exchange therefor to convey by deed, on
behalf of the United States, to the school board approximately
one-half acre of land of approximately equal value situated within
the Colonial National Historical Park.
-SOURCE-
(Sept. 23, 1950, ch. 999, 64 Stat. 979.)
-COD-
CODIFICATION
Section was not enacted as part of act July 3, 1930, ch. 837, 46
Stat. 855, which comprises this subchapter.
-End-
-CITE-
16 USC Sec. 81l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81l. Additional exchange of lands
-STATUTE-
In order to consolidate Federal holdings in, and to improve,
Colonial National Historical Park, the Secretary of the Interior,
when he finds that the public interest will be served thereby, is
authorized to accept on behalf of the United States from the York
County School Board, State of Virginia, the conveyance of any land
or interests in land located within the authorized area of the
Colonial National Historical Park, together with the structures
situated upon such properties, as may be agreed upon by the
Secretary and the school board; and, in exchange therefor, to
convey on behalf of the United States to the school board not more
than fifty-five acres of land or interests in land situated within
the Colonial National Historical Park.
-SOURCE-
(May 13, 1953, ch. 38, 67 Stat. 27.)
-COD-
CODIFICATION
Section was not enacted as part of act July 3, 1930, ch. 837, 46
Stat. 855, which comprises this subchapter.
-End-
-CITE-
16 USC Sec. 81m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81m. Additional exchange of lands
-STATUTE-
For the purpose of preserving more effectively for the public
benefit the historic properties within Colonial National Historical
Park, Virginia, the Secretary of the Interior is authorized to
consummate desirable land exchanges, as hereafter prescribed, and
thereby to reduce and adjust the boundaries of the park. Any lands
eliminated from the park hereunder shall not subsequently be added
to the park except by Act of Congress.
In furtherance of these purposes, the Secretary is authorized on
behalf of the United States to accept from grantors title to
non-Federal land and interests in land, together with the
improvements thereon, situated within the authorized park
boundaries, and in exchange therefor, to convey by deed on behalf
of the United States to the aforesaid grantors land or interests
therein, together with the improvements thereon, situated within
Colonial National Historical Park that may be used advantageously
for exchange purposes. The aforesaid exchanges are authorized to be
made without additional compensation by either party to the
exchange when the properties to be exchanged are of approximately
equal value. When, however, the properties are not of approximately
equal value, as may be determined by the Secretary, an additional
payment of funds shall be required by the Secretary or by the
grantor of non-Federal properties, as the case may be, in order to
make an equal exchange. The Secretary is authorized to use any land
acquisition funds relating to the National Park System for such
purposes. The Secretary may consummate land exchanges herein
authorized upon such terms, conditions, and procedures as he may
find to be necessary or desirable in carrying out the purposes of
this section and section 81n of this title; and in evaluating
non-Federal properties to be acquired hereunder, he is authorized
to make such allowance as he may find to be equitable for the value
of any residential properties that may be situated upon land to be
acquired pursuant to this section and section 81n of this title. If
expedient and in the public interest to do so, he may assist in the
removal of structures from property to be acquired hereunder
through the exchange procedure, and he may cooperate with public or
private agencies and persons in the securing of housing for the
aforesaid grantors who may require new housing accommodations or
facilities as a result of the land exchanges herein authorized.
-SOURCE-
(Mar. 29, 1956, ch. 105, Sec. 1, 70 Stat. 61.)
-COD-
CODIFICATION
Section was not enacted as part of act July 3, 1930, ch. 837, 46
Stat. 855, which comprises this subchapter.
-End-
-CITE-
16 USC Sec. 81n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81n. Transfer of lands for State Park
-STATUTE-
The Secretary is further authorized to transfer without
compensation up to fifteen acres of the Colonial National
Historical Park, Virginia, to the Commonwealth of Virginia for use
by agencies of the Commonwealth in the establishment of a State
Park in furtherance of the purposes of the Colonial National
Historical Park.
-SOURCE-
(Mar. 29, 1956, ch. 105, Sec. 2, 70 Stat. 62.)
-COD-
CODIFICATION
Section was not enacted as part of act July 3, 1930, ch. 837, 46
Stat. 855, which comprises this subchapter.
-End-
-CITE-
16 USC Sec. 81o 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81o. Transfer of administrative jurisdiction over land
-STATUTE-
The Secretary of the Interior may transfer administrative
jurisdiction over approximately 0.23 acres of land within Colonial
National Historical Park, Virginia, to the Secretary of the Army,
and in exchange therefor, he may accept administrative jurisdiction
over a like amount of land from the Secretary of the Army, transfer
of which is hereby authorized, for the purpose of relocating the
Cape Henry Memorial Cross. Land over which jurisdiction is
transferred to the Secretary of the Interior shall become part of
Colonial National Historical Park, and land over which jurisdiction
is transferred to the Secretary of the Army shall become part of
Fort Story Military Reservation.
-SOURCE-
(Pub. L. 99-390, Aug. 23, 1986, 100 Stat. 831.)
-COD-
CODIFICATION
Section was not enacted as part of act July 3, 1930, ch. 837, 46
Stat. 855, which comprises this subchapter.
-End-
-CITE-
16 USC Sec. 81p 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER IX - COLONIAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 81p. Property transfers
-STATUTE-
(a) Transfer and rights-of-way
The Secretary of the Interior (hereinafter in this section
referred to as the "Secretary") is authorized to transfer, without
reimbursement, to York County, Virginia, that portion of the
existing sewage disposal system, including related improvements and
structures, owned by the United States and located within the
Colonial National Historical Park, together with such rights-of-way
as are determined by the Secretary to be necessary to maintain and
operate such system.
(b) Repair and rehabilitation of system
The Secretary is authorized to enter into a cooperative agreement
with York County, Virginia, under which the Secretary will pay a
portion, not to exceed $110,000, of the costs of repair and
rehabilitation of the sewage disposal system referred to in
subsection (a) of this section.
(c) Fees and charges
In consideration for the rights-of-way granted under subsection
(a) of this section, and in recognition of the National Park
Service's contribution authorized under subsection (b) of this
section, the cooperative agreement under subsection (b) of this
section shall provide for a reduction in, or the elimination of,
the amounts charged to the National Park Service for its sewage
disposal. The cooperative agreement shall also provide for
minimizing the impact of the sewage disposal system on the park and
its resources. Such system may not be enlarged or substantially
altered without National Park Service concurrence.
(d) Inclusion of land in Colonial National Historical Park
Notwithstanding the provisions of sections 81b and 81d of this
title, limiting the average width of the Colonial Parkway, the
Secretary of the Interior is authorized to include within the
boundaries of Colonial National Historical Park and to acquire by
donation, exchange, or purchase with donated or appropriated funds
the lands or interests in lands (with or without improvements)
within the areas depicted on the map dated August 1996, numbered
333/80031B, and entitled "Page Landing Addition to Colonial
National Historical Park". Such map shall be on file and available
for inspection in the offices of the National Park Service at
Colonial National Historical Park and in Washington, District of
Columbia.
(e) Authorization of appropriations
There are authorized to be appropriated such sums as are
necessary to carry out this section.
-SOURCE-
(Pub. L. 104-333, div. I, title II, Sec. 211, Nov. 12, 1996, 110
Stat. 4109; Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I, Sec.
122], Nov. 29, 1999, 113 Stat. 1535, 1501A-159; Pub. L. 106-176,
title I, Sec. 102, Mar. 10, 2000, 114 Stat. 25.)
-COD-
CODIFICATION
Section was enacted as part of the Omnibus Parks and Public Lands
Management Act of 1996, and not as part of act July 3, 1930, ch.
837, 46 Stat. 855, which comprises this subchapter.
-MISC1-
AMENDMENTS
2000 - Subsec. (d). Pub. L. 106-176 directed amendment identical
to amendment by Pub. L. 106-113. See 1999 Amendment note below.
1999 - Subsec. (d). Pub. L. 106-113 substituted "depicted on the
map dated August 1996, numbered 333/80031B," for "depicted on the
map dated August 1993, numbered 333/80031A,".
-End-
-CITE-
16 USC SUBCHAPTER X - NORTH CASCADES NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER X - NORTH CASCADES NATIONAL PARK
-HEAD-
SUBCHAPTER X - NORTH CASCADES NATIONAL PARK
-End-
-CITE-
16 USC Sec. 90 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER X - NORTH CASCADES NATIONAL PARK
-HEAD-
Sec. 90. Establishment; statement of purposes; description of area
-STATUTE-
In order to preserve for the benefit, use, and inspiration of
present and future generations certain majestic mountain scenery,
snow fields, glaciers, alpine meadows, and other unique natural
features in the North Cascade Mountains of the State of Washington,
there is hereby established, subject to valid existing rights, the
North Cascades National Park (hereinafter referred to in this
subchapter as the "park"). The park shall consist of the lands,
waters, and interests therein within the area designated "national
park" on the map entitled "Proposed Management Units, North
Cascades, Washington," numbered NP-CAS-7002, and dated October
1967. The map shall be on file and available for public inspection
in the office of the Director, National Park Service, Department of
the Interior, and in the office of the Chief, Forest Service,
Department of Agriculture.
-SOURCE-
(Pub. L. 90-544, title I, Sec. 101, Oct. 2, 1968, 82 Stat. 926.)
-MISC1-
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-668, Sec. 1, Nov. 16, 1988, 102 Stat. 3961, provided:
"That this Act [enacting section 110c of this title, amending
sections 90b, 90c-1, 90d-4, 251n, 256b, 256c, and 1274 of this
title, and enacting provisions listed in a table of Wilderness
Areas set out under section 1132 of this title and provisions set
out as a note under section 251n of this title] may be cited as the
'Washington Park Wilderness Act of 1988'."
DEDICATION OF PARK TO SENATOR HENRY M. JACKSON
Pub. L. 100-85, Aug. 10, 1987, 101 Stat. 551, provided: "That the
North Cascades National Park, Washington, is hereby dedicated to
Senator Henry M. Jackson in recognition of his leadership in
establishing the North Cascades National Park, his outstanding
contributions to the National Park System, the National Wilderness
Preservation System, and to the protection and preservation of our
great natural resources for the benefit of the people of the United
States for all time.
"Sec. 2. In order to carry out the provisions of this Act, the
Secretary of the Interior is authorized and directed to provide
such identification by signs, including, but not limited to changes
in existing signs, materials, maps, markers, interpretive programs,
or other means as will adequately inform the public of the
contributions of Henry M. Jackson.
"Sec. 3. The Secretary of the Interior is further authorized and
directed to cause to be erected and maintained, within the
boundaries of the North Cascades National Park, an appropriate
memorial to Henry M. Jackson. Such memorial shall include but not
be limited to an appropriate permanent marker describing the
contributions of Henry M. Jackson to the Nation.
"Sec. 4. There are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this Act."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 90e, 90e-1 of this title.
-End-
-CITE-
16 USC Sec. 90a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER X - NORTH CASCADES NATIONAL PARK
-HEAD-
Sec. 90a. Ross Lake National Recreation Area; establishment;
statement of purposes; description of area
-STATUTE-
In order to provide for the public outdoor recreation use and
enjoyment of portions of the Skagit River and Ross, Diablo, and
Gorge Lakes, together with the surrounding lands, and for the
conservation of the scenic, scientific, historic, and other values
contributing to public enjoyment of such lands and waters, there is
hereby established, subject to valid existing rights, the Ross Lake
National Recreation Area (hereinafter referred to in this
subchapter as the "recreation area"). The recreation area shall
consist of the lands and waters within the area designated "Ross
Lake National Recreation Area" on the map referred to in section 90
of this title.
-SOURCE-
(Pub. L. 90-544, title II, Sec. 201, Oct. 2, 1968, 82 Stat. 927.)
-End-
-CITE-
16 USC Sec. 90a-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER X - NORTH CASCADES NATIONAL PARK
-HEAD-
Sec. 90a-1. Lake Chelan National Recreation Area; establishment;
statement of purposes; description of area
-STATUTE-
In order to provide for the public outdoor recreation use and
enjoyment of portions of the Stehekin River and Lake Chelan,
together with the surrounding lands, and for the conservation of
the scenic, scientific, historic, and other values contributing to
public enjoyment of such lands and waters, there is hereby
established, subject to valid existing rights, the Lake Chelan
National Recreation Area (hereinafter referred to in this
subchapter as the "recreation area"). The recreation area shall
consist of the lands and waters within the area designated "Lake
Chelan National Recreation Area" on the map referred to in section
90 of this title.
-SOURCE-
(Pub. L. 90-544, title II, Sec. 202, Oct. 2, 1968, 82 Stat. 927.)
-MISC1-
BOUNDARY ADJUSTMENTS, LAKE CHELAN NATIONAL RECREATION AREA AND
WENATCHEE NATIONAL FOREST, WASHINGTON
Pub. L. 105-238, Sec. 1, Sept. 23, 1998, 112 Stat. 1562, and Pub.
L. 105-277, div. A, Sec. 101(e) [title III, Sec. 342], Oct. 21,
1998, 112 Stat. 2681-231, 2681-296, transferred administrative
jurisdiction over part of Lake Chelan National Recreation Area from
Secretary of the Interior to Secretary of Agriculture for inclusion
in Wenatchee National Forest.
-End-
-CITE-
16 USC Sec. 90b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER X - NORTH CASCADES NATIONAL PARK
-HEAD-
Sec. 90b. Land acquisition; authority of Secretary; manner and
place; donation of State lands; transfer to administrative
jurisdiction of Secretary; elimination of lands from national
forests
-STATUTE-
(a) (!1) Within the boundaries of the park and recreation areas,
the Secretary of the Interior (hereinafter referred to in this
subchapter as the "Secretary") may acquire lands, waters, and
interests therein by donation, purchase with donated or
appropriated funds, or exchange, except that he may not acquire any
such interests within the recreation areas without the consent of
the owner, so long as the lands are devoted to uses compatible with
the purposes of this subchapter. Lands owned by the State of
Washington or any political subdivision thereof may be acquired
only by donation. Federal property within the boundaries of the
park and recreation areas is hereby transferred to the
administrative jurisdiction of the Secretary for administration by
him as part of the park and recreation areas. The national forest
land within such boundaries is hereby eliminated from the national
forests within which it was heretofore located.
(b) The Secretary is hereby authorized to acquire, with the
consent of the owner, lands outside of the authorized boundaries of
North Cascades National Park Service Complex for the purpose of
construction and operation of a backcountry information center not
to exceed five acres. The Secretary of the Interior is further
authorized to acquire with the consent of the owner, lands for the
construction of a headquarters and administrative site or sites,
for the North Cascades National Park, Ross Lake National Recreation
Area, and Lake Chelan National Recreation Area not to exceed ten
acres. The lands so acquired shall be managed as part of the park.
-SOURCE-
(Pub. L. 90-544, title III, Sec. 301, Oct. 2, 1968, 82 Stat. 927;
Pub. L. 100-668, title II, Sec. 203, Nov. 16, 1988, 102 Stat.
3963.)
-MISC1-
AMENDMENTS
1988 - Subsec. (b). Pub. L. 100-668 added subsec. (b).
-FOOTNOTE-
(!1) Subsec. (a) designation editorially supplied.
-End-
-CITE-
16 USC Sec. 90b-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER X - NORTH CASCADES NATIONAL PARK
-HEAD-
Sec. 90b-1. Exchange of property; cash equalization payments
-STATUTE-
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property within the
boundaries of the park and recreation areas and in exchange
therefor he may convey to the grantor of such property any
federally owned property under his jurisdiction in the State of
Washington which he classifies as suitable for exchange or other
disposal. The values of the properties so exchanged either shall be
approximately equal, or if they are not approximately equal the
values shall be equalized by the payment of cash to the grantor or
to the Secretary as the circumstances require.
-SOURCE-
(Pub. L. 90-544, title III, Sec. 302, Oct. 2, 1968, 82 Stat. 927.)
-End-
-CITE-
16 USC Sec. 90b-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER X - NORTH CASCADES NATIONAL PARK
-HEAD-
Sec. 90b-2. Owner's retention of right of use and occupancy for
agricultural, residential, or commercial purposes for life or
term of years; transfer or assignment of right; termination of
use and occupancy for a contrary use and upon payment of sum for
unexpired right
-STATUTE-
Any owner of property acquired by the Secretary which on the date
of acquisition is used for agricultural or single-family
residential purposes, or for commercial purposes which he finds are
compatible with the use and development of the park or the
recreation areas, may, as a condition of such acquisition, retain
the right of use and occupancy of the property for the same
purposes for which it was used on such date, for a period ending at
the death of the owner or the death of his spouse, whichever occurs
later, or for a fixed term of not to exceed twenty-five years,
whichever the owner may elect. Any right so retained may during its
existence be transferred or assigned. Any right so retained may be
terminated by the Secretary at any time after the date upon which
any use of the property occurs which he finds is a use other than
one which existed on the date of acquisition. In the event the
Secretary terminates a right of use and occupancy under this
section, he shall pay to the owner of the right the fair market
value of the portion of said right which remains unexpired on the
date of termination.
-SOURCE-
(Pub. L. 90-544, title III, Sec. 303, Oct. 2, 1968, 82 Stat. 928.)
-End-
-CITE-
16 USC Sec. 90c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER X - NORTH CASCADES NATIONAL PARK
-HEAD-
Sec. 90c. Administration
-STATUTE-
The Secretary shall administer the park in accordance with
sections 1, 2, 3, and 4 of this title, as amended and supplemented.-SOURCE- (continued)