Loading (50 kb)...'
(continued)
subsec. (c), is act Aug. 7, 1947, ch. 513, 61 Stat. 913, as
amended, which is classified generally to chapter 7 (Sec. 351 et
seq.) of Title 30, Mineral Lands and Mining. For complete
classification of this Act to the Code, see Short Title note set
out under section 351 of Title 30 and Tables.
-End-
-CITE-
16 USC Sec. 283c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL PARK
-HEAD-
Sec. 283c. Administration
-STATUTE-
The Guadalupe Mountains National Park shall be administered by
the Secretary of the Interior in accordance with the provisions of
sections 1, 2, 3, and 4 of this title, as amended and supplemented.
-SOURCE-
(Pub. L. 89-667, Sec. 4, Oct. 15, 1966, 80 Stat. 922.)
-End-
-CITE-
16 USC Sec. 283d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL PARK
-HEAD-
Sec. 283d. Availability of funds
-STATUTE-
Any funds available for the purpose of administering the five
thousand six hundred and thirty-two acres of lands previously
donated to the United States in Culberson County, Texas, shall upon
establishment of the Guadalupe Mountains National Park pursuant to
this subchapter be available to the Secretary for purposes of such
park.
-SOURCE-
(Pub. L. 89-667, Sec. 5, Oct. 15, 1966, 80 Stat. 922.)
-End-
-CITE-
16 USC Sec. 283e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXIV - GUADALUPE MOUNTAINS NATIONAL PARK
-HEAD-
Sec. 283e. Authorization of appropriations; expenditure for
improvements limitation
-STATUTE-
(a) There are hereby authorized to be appropriated such sums as
may be necessary for the acquisition of lands and interest in
lands, and not more than $24,715,000 as may be necessary for the
development of the Guadalupe Mountains National Park. No funds
appropriated for development purposes pursuant to this subchapter
may be expended for improvements incompatible with wilderness
management within the corridor of the park leading to the summit of
Guadalupe Peak.
(b) In addition to amounts authorized to be appropriated under
subsection (a) of this section, there is authorized to be
appropriated such sums as may be necessary for the construction of
a fence to protect the natural and cultural resources of the area
added to Guadalupe Mountains National Park by section 283a(b) of
this title.
-SOURCE-
(Pub. L. 89-667, Sec. 6, Oct. 15, 1966, 80 Stat. 922; Pub. L.
95-625, title I, Sec. 101(12), Nov. 10, 1978, 92 Stat. 3471; Pub.
L. 100-541, Sec. 2, Oct. 28, 1988, 102 Stat. 2720.)
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-541 designated existing provisions as subsec.
(a), substituted "sums" for "sums, but not more than $1,800,000 in
all,", and added subsec. (b).
1978 - Pub. L. 95-625 increased development appropriations
authorization to $24,715,000 from $10,362,000 and prohibited
expenditure of funds for improvements incompatible with wilderness
management within the corridor of the park leading to the summit of
Guadalupe Peak.
-End-
-CITE-
16 USC SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE
PERFORMING ARTS 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-End-
-CITE-
16 USC Sec. 284 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284. Establishment; statement of purposes; description;
acquisition of property; acreage limitation
-STATUTE-
For the purpose of establishing in the National Capital area a
park for the performing arts and related educational programs, and
for recreation use in connection therewith, the Secretary of the
Interior is authorized to establish, develop, improve, operate, and
maintain the Wolf Trap National Park for the Performing Arts in
Fairfax County, Virginia. The park shall encompass the portions of
the property formerly known as Wolf Trap Farm and Symphony Hill in
Fairfax County, Virginia, to be donated for park purposes to the
United States, and such additional lands or interests therein as
the Secretary may acquire for purposes of the park by donation or
purchase with donated or appropriated funds, the aggregate of which
shall not exceed one hundred and forty-five acres.
-SOURCE-
(Pub. L. 89-671, Sec. 1, Oct. 15, 1966, 80 Stat. 950; Pub. L.
107-219, Sec. 1(a)(1), Aug. 21, 2002, 116 Stat. 1330.)
-MISC1-
AMENDMENTS
2002 - Pub. L. 107-219 substituted "Wolf Trap National Park for
the Performing Arts" for "Wolf Trap Farm Park".
SHORT TITLE
Section 12 of Pub. L. 89-671, as added by Pub. L. 97-310, Oct.
14, 1982, 96 Stat. 1458, and amended by Pub. L. 107-219, Sec.
1(a)(1), Aug. 21, 2002, 116 Stat. 1330, provided that: "This Act
[enacting this subchapter] may be referred to as the 'Wolf Trap
National Park for the Performing Arts Act'."
STUDY OF PARK FUTURE; REPORT TO CONGRESS
Pub. L. 89-671, Sec. 13, as added by Pub. L. 101-636, Sec. 3,
Nov. 28, 1990, 104 Stat. 4587, directed Secretary, acting jointly
with the Foundation, to conduct a study and analysis of the
operations and management practices being used to carry out the
purposes of this subchapter and to submit, not later than 2 years
after Nov. 28, 1990, a report of such study and analysis to
Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 284a of this title.
-End-
-CITE-
16 USC Sec. 284a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284a. Administration
-STATUTE-
The Secretary of the Interior shall administer the park in
accordance with the provisions of section 284 of this title and
sections 1, 2, 3, and 4 of this title, as amended and supplemented,
except that laws, rules, or regulations that are applicable solely
to units of the National Park System that are designated as a
"National Park" shall not apply to Wolf Trap National Park for the
Performing Arts.
-SOURCE-
(Pub. L. 89-671, Sec. 2, Oct. 15, 1966, 80 Stat. 951; Pub. L.
107-219, Sec. 1(a)(2), Aug. 21, 2002, 116 Stat. 1330.)
-MISC1-
AMENDMENTS
2002 - Pub. L. 107-219 inserted before period at end: ", except
that laws, rules, or regulations that are applicable solely to
units of the National Park System that are designated as a
'National Park' shall not apply to Wolf Trap National Park for the
Performing Arts".
-End-
-CITE-
16 USC Sec. 284b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284b. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary, but not in excess of $5,473,000, to carry out the
purposes of this subchapter.
-SOURCE-
(Pub. L. 89-671, Sec. 3, Oct. 15, 1966, 80 Stat. 951; Pub. L.
92-272, title II, Sec. 201(4), Apr. 11, 1972, 86 Stat. 120.)
-MISC1-
AMENDMENTS
1972 - Pub. L. 92-272 increased maximum sums authorized to be
appropriated from not in excess of $600,000 to not in excess of
$5,473,000.
-End-
-CITE-
16 USC Sec. 284c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284c. Financial assistance for reconstruction of Center
-STATUTE-
(a) Grants to Foundation; amount; non-Federal contributions
The Secretary is authorized to make available to the Foundation,
in the form of a grant, $9,000,000 to be used for the
reconstruction of the Center, subject to the provisions of this
section. Such grant shall be made available in increments as needed
for such purpose and only if the Foundation has agreed under terms
and conditions satisfactory to the Secretary to provide, from
non-Federal sources, sufficient contributions on a timely basis to
complete the reconstruction of the Center.
(b) Loans to Foundation; amount; limitation; repayment; interest;
service costs; term
(1) The Secretary may make loans to the Foundation to the extent
needed to complete the reconstruction of the Center and to provide
for noise mitigation measures, including those on adjacent public
property, in an amount equal to twice the amount of non-Federal
contributions received, and provided, by the Foundation for such
reconstruction work. The total amount of such loans may not exceed
$8,000,000. Loans made under this subsection shall be repaid in
full, with interest on any unpaid obligation at a rate determined
by the Secretary of the Treasury, taking into consideration current
market yields on outstanding marketing obligations of the United
States with remaining periods to maturity comparable to the
maturity of the loan, plus such additional charge, if any, as the
Secretary may determine, for the purpose of covering other costs of
servicing the loan. In determining the terms and conditions
governing any loan, the Secretary shall fix a term of not more than
five years from the date the loan agreement is executed.
(2)(A) The term of the loans made pursuant to paragraph (1) which
are outstanding on the effective date of this paragraph may not
exceed the 25-year period beginning on such date. The remaining
obligation of such loans shall be paid in equal annual
installments, commencing June 1, 1991, except that for the first 3
payments, the payment shall be $215,000 each year. In addition,
such payments (including the first 3 payments) may be reduced in
any year by a credit not to exceed $60,000 annually. Such credit
shall equal 100 percent of the market value of public service
tickets determined at prevailing Foundation box office prices. Such
credit shall be allowed only for tickets contributed to entities
holding a status referred to in section 501(c)(3) of title 26.
(B)(i) Unpaid interest on such amount which accrued before the
effective date of this paragraph is hereby forgiven.
(ii) Notwithstanding paragraph (1), there shall be no interest on
the loan referred to in subparagraph (A) after the effective date
of this paragraph if, within 120 days after such date, the
Foundation modifies its agreement with the Secretary to implement
this paragraph, paragraph (3), and section 284d(c)(4) of this
title. If such agreement is not modified within the 120-day period,
interest shall accrue from the effective date of this paragraph in
accordance with paragraph (1).
(C) Notwithstanding any other provision of law, amounts paid to
the Secretary pursuant to this paragraph may be retained until
expended by the Secretary, in consultation with the Foundation, for
the maintenance of structures, facilities, and equipment of the
Park.
(D) The Secretary shall, within 120 days after the effective date
of this paragraph, submit a payment schedule to the Foundation
specifying the amount of each annual payment to be made by the
Foundation pursuant to this paragraph.
(3) If the Foundation is in default on its obligations under this
subsection for more than 60 consecutive days, the Secretary, acting
in the public interest, shall terminate the cooperative agreement
described in section 284d of this title. In the event of a major
catastrophe or severe economic situation, the Secretary may submit
to the Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural Resources
of the United States Senate a recommendation that this paragraph be
temporarily suspended. In submitting such a request, the Secretary
shall submit clear evidence of the financial status of the
Foundation.
(c) Written agreement
No grants or loans may be made under this section unless the
Secretary has entered into a written agreement with the Foundation
under which the Foundation agrees -
(1) to expend all funds for the reconstruction of the Center
(and for construction or reconstruction of any related structures
or fixtures) only in accordance with circulars published by the
Office of Management and Budget applicable to Federal grants to
nonprofit organizations, and in accordance with the provisions of
sections 3141-3144, 3146, and 3147 of title 40;
(2) to comply with such other terms and conditions as the
Secretary deems appropriate; and
(3) to maintain, during the term of the cooperative agreement
described in section 284d of this title, and at the Foundation's
expense, insurance on the Center respecting such risks, in such
amounts, and containing such terms and conditions, as are
satisfactory to the Secretary.
Any repairs or reconstruction carried out with funds obtained from
the receipt of the proceeds of any such insurance shall be subject
to the approval of the Secretary.
(d) Oversight and approval duties of Secretary; construction
management duties of Foundation
The Secretary shall be responsible for overseeing the
reconstruction and shall have final approval over the plans for,
and location and design of, the Center, and the Foundation shall be
responsible for managing the construction activities, including the
selection (in accordance with the requirements referred to in
paragraphs (1) and (2) of subsection (c) of this section) of
persons to perform architectural, engineering, construction, and
related services.
(e) Easement noise and other standards; enforcement measures
No grants or loans may be made under this section unless the
Secretary has received what the Secretary deems to be adequate
written assurance from the Administrator of the Federal Aviation
Administration that any easement granted to the Commonwealth of
Virginia by the Administrator for construction of the Dulles Toll
Road will contain noise standards ("A" weighted energy average
sound level of 52 to 54 dB) and other standards set forth in the
Final Environmental Impact Statement for the Dulles Airport Access
Road Outer Parallel Toll Roads, prepared by the Federal Aviation
Administration and issued in May of 1982, legally enforceable by
the Administrator and by the Secretary which are adequate to
protect the Center from undue noise pollution and other
environmental degradation attributable to such toll road both
during and after its construction, and will also contain legally
enforceable assurances that the Commonwealth of Virginia will
promptly take measures to achieve the noise levels specified in the
easement. Such measures may include a partial or total ban on truck
traffic on the toll road or other mitigation recommended by the
Secretary and the Administrator.
(f) Support services on reimbursable basis
The Secretary may also provide support services, as requested by
the Foundation, on a reimbursable basis, for purposes of
reconstruction of the Center.
-SOURCE-
(Pub. L. 89-671, Sec. 4, as added Pub. L. 97-310, Oct. 14, 1982, 96
Stat. 1455; amended Pub. L. 101-636, Sec. 1, Nov. 28, 1990, 104
Stat. 4586; Pub. L. 103-437, Sec. 6(d)(8), Nov. 2, 1994, 108 Stat.
4583; Pub. L. 107-219, Sec. 2, Aug. 21, 2002, 116 Stat. 1330.)
-REFTEXT-
REFERENCES IN TEXT
For effective date of this paragraph, referred to in subsec.
(b)(2)(A), (B), and (D), see Effective Date of 1990 Amendment note
below.
-COD-
CODIFICATION
"Sections 3141-3144, 3146, and 3147 of title 40" substituted in
subsec. (c)(1) for "the Davis-Bacon Act (40 U.S.C. 276a-a7)" 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.
-MISC1-
AMENDMENTS
2002 - Subsec. (c). Pub. L. 107-219 realigned margin of last
sentence of par. (3) so as to appear as concluding provisions, and
in concluding provisions, substituted "funds" for "Funds".
1994 - Subsec. (b)(3). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" after "Committee on".
1990 - Subsec. (b). Pub. L. 101-636 designated existing
provisions as par. (1) and added pars. (2) and (3).
-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.
-MISC2-
EFFECTIVE DATE OF 1990 AMENDMENT
Section 4 of Pub. L. 101-636, as amended by Pub. L. 89-671, Sec.
14(c), as added Pub. L. 107-219, Sec. 1(a)(3), Aug. 21, 2002, 116
Stat. 1330, provided that:
"(a) The amendments made by sections 1 and 2 [amending this
section and section 284d of this title] shall take effect on the
date on which the Wolf Trap Foundation for the Performing Arts
modifies its agreements entered into pursuant to the Wolf Trap
National Park for the Performing Arts Act [this subchapter] in a
manner which is consistent with and takes into account the
amendments made by this Act [amending this section and section 284d
of this title and enacting provisions set out as a note under
section 284 of this title], as determined by the Secretary of the
Interior.
"(b) The amendment made by section 3 [enacting provisions set out
as a note under section 284 of this title] shall take effect on the
date of enactment of this Act [Nov. 28, 1990]."
INCREASE IN LOAN CEILING; FUNDS REIMBURSED TO FOUNDATION TO BE
REPAID TO SECRETARY
Pub. L. 99-190, Sec. 101(d) [title I], Dec. 19, 1985, 99 Stat.
1224, 1231, as amended by Pub. L. 89-671, Sec. 14(c), as added Pub.
L. 107-219, Sec. 1(a)(3), Aug. 21, 2002, 116 Stat. 1330, provided:
"That the loan ceiling established under section 4(b) of Public Law
97-310 [probably means Public Law 89-671], the Wolf Trap National
Park for the Performing Arts Act, as amended [16 U.S.C. 284c(b)],
is increased to $9,500,000. Notwithstanding the loan repayment
provisions of Public Law 97-310 [enacting 16 U.S.C. 284c to 284j],
the dollar amount of items paid for by the Wolf Trap Foundation
from funds provided by the additional loan authority in this
section that is subsequently reimbursed to the Foundation by a
court award or insurance settlement shall be repaid to the
Secretary of the Interior by the Wolf Trap Foundation within 90
days of the date of the court award or insurance settlement."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 284d, 284g, 284i of this
title.
-End-
-CITE-
16 USC Sec. 284d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284d. Cooperative agreement with Foundation for presentation
of programs
-STATUTE-
(a) Terms and conditions for Federal assistance
The Secretary is authorized and directed to enter into a
cooperative agreement with the Foundation respecting the
presentation of performing arts and related educational and
cultural programs at the Center, and in such other areas of the
park as may be agreed to. The Secretary may provide technical and
financial assistance under such a cooperative agreement for such
purposes, pursuant to such terms and conditions as he deems
appropriate.
(b) Prerequisite conditions
As a condition of entering into a cooperative agreement under
this section, the Secretary shall require that -
(1) the Foundation maintain the insurance described in section
284c(c)(3) of this title; and
(2) the Foundation maintain its status as an organization
described in section 501(c)(3) of title 26 and exempt from
taxation under section 501(a) of title 26.
(c) Required terms and conditions; contractual authority for
administration through nonconflicting agreement with other
organization or entity
A cooperative agreement under this section shall provide that -
(1) the Secretary and the Comptroller General of the United
States or their duly authorized representatives shall have access
to any pertinent books, documents, papers, and records of the
Foundation to make audits, examinations, excerpts, and
transcripts;
(2) the Foundation shall prepare an annual report to the
Secretary, which shall also be submitted to the appropriate
committees of the United States House of Representatives and the
United States Senate, summarizing the activities of the previous
year (together with a comparison of goals and objectives with
actual accomplishments) and presenting a plan for the forthcoming
year;
(3) such cooperative agreement may be terminated at the
convenience of the United States if the Secretary determines that
such termination is required in the public interest; and
(4) the Foundation will maintain accounts for Foundation
activities outside of the Park separate from Foundation accounts
for presentation of performing arts and related programs
presented at the Center and other areas of the Park.
The cooperative agreement shall contain such other terms and
conditions as the Secretary deems appropriate. Until such
cooperative agreement is entered into, nothing in this section
shall be construed to affect or impair the validity of the
agreement between the National Park Service and the Foundation
dated September 16, 1980. Such agreement shall remain in force and
effect until terminated under the terms and conditions of such
agreement or until an agreement is entered into under this section.
Nothing in this section shall be construed to affect the authority
of the Secretary under any other provision of law to enter into a
contract or an agreement, not conflicting with the cooperative
agreement described in this section, with any other organization or
entity with respect to the administration of the park.
-SOURCE-
(Pub. L. 89-671, Sec. 5, as added Pub. L. 97-310, Oct. 14, 1982, 96
Stat. 1456; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 101-636, Sec. 2, Nov. 28, 1990, 104 Stat.
4587.)
-MISC1-
AMENDMENTS
1990 - Subsec. (c)(4). Pub. L. 101-636 added par. (4).
1986 - Subsec. (b)(2). Pub. L. 99-514 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954", which
for purposes of codification was translated as "title 26" thus
requiring no change in text.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-636 effective on the date on which the
Wolf Trap Foundation for the Performing Arts modifies its
agreements entered into pursuant to this subchapter, see section
4(a) of Pub. L. 101-636, set out as a note under section 284c of
this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(c)(2) of this section relating to submitting annual report to
appropriate committees of Congress, see section 3003 of Pub. L.
104-66, as amended, set out as a note under section 1113 of Title
31, Money and Finance, and page 116 of House Document No. 103-7.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 284c, 284i of this title.
-End-
-CITE-
16 USC Sec. 284e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284e. Vested property of United States; status of Foundation
-STATUTE-
All right, title, and interest in the Center shall be vested in
the United States. Nothing in this subchapter shall be construed to
provide that the Foundation shall be considered to be a Federal
agency or instrumentality for purposes of applying any law or
regulation of the United States or of any State.
-SOURCE-
(Pub. L. 89-671, Sec. 6, as added Pub. L. 97-310, Oct. 14, 1982, 96
Stat. 1457.)
-End-
-CITE-
16 USC Sec. 284f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284f. Repealed. Pub. L. 104-333, div. I, title VIII, Sec.
814(d)(1)(D), Nov. 12, 1996, 110 Stat. 4196
-MISC1-
Section, Pub. L. 89-671, Sec. 7, as added Pub. L. 97-310, Oct.
14, 1982, 96 Stat. 1457, related to reports to congressional
committees respecting reconstruction of Center.
-End-
-CITE-
16 USC Sec. 284g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284g. Cooperation of government agencies
-STATUTE-
(a) Protection of park
The Secretary shall cooperate with, and seek cooperation from,
other Federal, State, and local agencies (including the Federal
Aviation Administration) to protect the park from undue noise
intrusions, air pollution, and visual degradation.
(b) Monitoring and notification of noise pollution; conforming to
noise pollution standards; enjoinder of easement violations
The Secretary shall monitor noise pollution which is associated
with the Dulles road corridor (including the airport access and
toll roads) and shall notify the Federal Aviation Administration,
the Commonwealth of Virginia, and the appropriate committees of
Congress if, after conferring with the Administrator of the Federal
Aviation Administration, the Secretary finds that such noise
pollution is exceeding the standards set forth in section 284c(e)
of this title. Within sixty days after any such notification, the
Administrator of the Federal Aviation Administration shall take
steps to reduce noise pollution so as to conform to such standards.
The Secretary or the Foundation may bring an action in the United
States District Court for the District of Columbia to enjoin any
violation by the Commonwealth of Virginia of the easement referred
to in section 284c(e) of this title.
-SOURCE-
(Pub. L. 89-671, Sec. 8, as added Pub. L. 97-310, Oct. 14, 1982, 96
Stat. 1457.)
-End-
-CITE-
16 USC Sec. 284h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284h. General management plan; preparation and revision;
submittal to Congressional committees
-STATUTE-
A general management plan for the park shall be prepared and
periodically revised in a timely manner in accordance with the
provisions of section 1a-7(b) of this title. Such plan shall be
submitted to the Committee on Natural Resources of the United
States House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate no later than January
1, 1984, and such revisions shall be submitted to such committees
of the Congress in a timely manner.
-SOURCE-
(Pub. L. 89-671, Sec. 9, as added Pub. L. 97-310, Oct. 14, 1982, 96
Stat. 1457; amended Pub. L. 103-437, Sec. 6(d)(8), Nov. 2, 1994,
108 Stat. 4583.)
-MISC1-
AMENDMENTS
1994 - 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.
-End-
-CITE-
16 USC Sec. 284i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284i. Authorization of additional appropriations
-STATUTE-
There is authorized to be appropriated not more than $17,000,000
to carry out sections 284c and 284d of this title. No authority
under this subchapter to enter into contracts or to make payments
shall be effective except to the extent and in such amounts as
provided in advance in appropriations Acts.
-SOURCE-
(Pub. L. 89-671, Sec. 10, as added Pub. L. 97-310, Oct. 14, 1982,
96 Stat. 1458.)
-End-
-CITE-
16 USC Sec. 284j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284j. Definitions
-STATUTE-
As used in this subchapter, the term -
(1) "Secretary" means the Secretary of the Interior.
(2) "Park" means the Wolf Trap National Park for the Performing
Arts established under this subchapter, including the Center.
(3) "Center" means the Filene Center in the Park. Such term
includes all real property and fixtures which are within or
directly related to the Filene Center.
(4) "Foundation" means the Wolf Trap Foundation for the
Performing Arts organized pursuant to the District of Columbia
Nonprofit Organization Act.
-SOURCE-
(Pub. L. 89-671, Sec. 11, as added Pub. L. 97-310, Oct. 14, 1982,
96 Stat. 1458; Pub. L. 107-219, Sec. 1(a)(1), Aug. 21, 2002, 116
Stat. 1330.)
-REFTEXT-
REFERENCES IN TEXT
The District of Columbia Nonprofit Corporation Act, referred to
in par. (4), is Pub. L. 87-569, Aug. 6, 1962, 76 Stat. 265, as
amended, which is not classified to the Code.
-MISC1-
AMENDMENTS
2002 - Par. (2). Pub. L. 107-219 substituted "Wolf Trap National
Park for the Performing Arts" for "Wolf Trap Farm Park".
-End-
-CITE-
16 USC Sec. 284k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXV - WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS
-HEAD-
Sec. 284k. References
-STATUTE-
(a) By Federal employees
The Secretary of the Interior, any other Federal employee, and
any employee of the Foundation, with respect to any reference to
the park in any map, publication, sign, notice, or other official
document or communication of the Federal Government or Foundation
shall refer to the park as "Wolf Trap National Park for the
Performing Arts".
(b) Other signs and notices
Any directional or official sign or notice pertaining to the park
shall refer to the park as "Wolf Trap National Park for the
Performing Arts".
(c) Federal laws and documents
Any reference in any law (other than this subchapter),
regulation, document, record, map, or other paper of the United
States to "Wolf Trap Farm Park" shall be considered to be a
reference to "Wolf Trap National Park for the Performing Arts".
-SOURCE-
(Pub. L. 89-671, Sec. 14, as added Pub. L. 107-219, Sec. 1(a)(3),
Aug. 21, 2002, 116 Stat. 1330.)
-MISC1-
APPLICABILITY
Pub. L. 107-219, Sec. 1(b), Aug. 21, 2002, 116 Stat. 1330,
provided that: "Section 14(c) of the Wolf Trap Farm Park Act [16
U.S.C. 284k(c)] (as added by subsection (a) of this section) shall
not apply to this Act [enacting this section and amending sections
1e, 284, 284a, 284c, and 284j of this title and provisions set out
as notes under section 284c of this title]."
-End-
-CITE-
16 USC SUBCHAPTER XXXVI - GEORGE ROGERS CLARK NATIONAL
HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVI - GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER XXXVI - GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 291 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVI - GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK
-HEAD-
Sec. 291. Establishment; acceptance of land
-STATUTE-
The Secretary of the Interior is authorized to accept the
donation by the State of Indiana of approximately seventeen acres
of land comprising the George Rogers Clark Memorial in Vincennes,
Indiana, for establishment and administration as the George Rogers
Clark National Historical Park.
-SOURCE-
(Pub. L. 89-517, Sec. 1, July 23, 1966, 80 Stat. 325.)
-End-
-CITE-
16 USC Sec. 291a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVI - GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK
-HEAD-
Sec. 291a. Cooperative agreements with property owners of
non-Federal property
-STATUTE-
The Secretary of the Interior may enter into cooperative
agreements with the owners of property in Vincennes, Indiana,
historically associated with George Rogers Clark and the Northwest
Territory for the inclusion of such property in the George Rogers
Clark National Historical Park. Under such agreements the Secretary
may assist in the preservation, renewal, and interpretation of the
property.
-SOURCE-
(Pub. L. 89-517, Sec. 2, July 23, 1966, 80 Stat. 325.)
-End-
-CITE-
16 USC Sec. 291b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVI - GEORGE ROGERS CLARK NATIONAL HISTORICAL PARK
-HEAD-
Sec. 291b. Administration, protection, development, and maintenance
-STATUTE-
The Secretary of the Interior shall administer, protect, develop,
and maintain the George Rogers Clark National Historical Park in
accordance with the provisions of sections 1, 2, 3, and 4 of this
title, as amended and supplemented.
-SOURCE-
(Pub. L. 89-517, Sec. 3, July 23, 1966, 80 Stat. 325.)
-End-
-CITE-
16 USC SUBCHAPTER XXXVII - ACADIA NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVII - ACADIA NATIONAL PARK
-HEAD-
SUBCHAPTER XXXVII - ACADIA NATIONAL PARK
-CHANGE-
CHANGE OF NAME
"Lafayette National Park" changed to "Acadia National Park", see
section 342b of this title.
-End-
-CITE-
16 USC Sec. 341 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXVII - ACADIA NATIONAL PARK
-HEAD-
Sec. 341. Establishment; description of area
-STATUTE-
The tracts of land, easements, and other real estate known before
February 26, 1919, as the Sieur de Monts National Monument,
situated on Mount Desert Island, in the county of Hancock and State
of Maine, are declared to be a national park and dedicated as a
public park for the benefit and enjoyment of the people under the
name of the Acadia National Park, under which name the aforesaid
national park shall be entitled to receive and to use all moneys
heretofore or hereafter appropriated for Sieur de Monts National
Monument.
-SOURCE-
(Feb. 26, 1919, ch. 45, Sec. 1, 40 Stat. 1178; Jan. 19, 1929, ch.
77, Sec. 2, 45 Stat. 1083.)
-COD-
CODIFICATION
The words "known before February 26, 1919," were substituted in
text for "heretofore known".
Recitation in this section as originally enacted of the fact that
Sieur de Monts National Monument was established under act June 8,
1906, by Presidential proclamation of July 8, 1916, was omitted as
historically obsolete.
-CHANGE-
CHANGE OF NAME
"Lafayette National Park" changed to "Acadia National Park" by
act Jan. 19, 1929.
-MISC1-
PERMANENT BOUNDARY FOR ACADIA NATIONAL PARK
Pub. L. 99-420, title I, Sept. 25, 1986, 100 Stat. 955, provided
that:
"SEC. 101. BOUNDARIES OF ACADIA NATIONAL PARK.
"In order to protect and conserve the land and water resources of
Acadia National Park in the State of Maine (hereinafter in this
title referred to as 'the Park'), and to facilitate the
administration of the Park, the boundary depicted on the map
entitled 'Acadia National Park Boundary Map', numbered 123-80011,
and dated May 1986 (hereinafter in this title referred to as 'the
map') is hereby established as the permanent boundary for the Park.
The map shall be on file and available for public inspection in the
offices of the National Park Service, Department of the Interior,
and it shall be made available to the Registry of Deeds for Hancock
and Knox Counties, Maine.
"SEC. 102. LANDS WITHIN BOUNDARIES.
"(a) The Secretary of the Interior (hereinafter in this title
referred to as 'the Secretary') is authorized to acquire lands and
interests therein within the boundaries of the Park by donation,
exchange (in accordance with this section), or purchase with
donated or appropriated funds, except that -
"(1) any lands or interests therein owned by the State of Maine
or any political subdivision thereof may be acquired only by
donation or exchange; and
"(2) privately owned lands or interests therein may be acquired
only with the consent of the owner thereof unless the Secretary
determines that the property is being developed or proposed to be
developed in a manner which is detrimental to the scenic,
historical, cultural, and other values for which the Park was
established.
"(b)(1) Not later than 6 months after the enactment of this Act
[Sept. 25, 1986], the Secretary shall publish specific guidelines
under which determinations shall be made under subsection (a)(2).
The Secretary shall provide adequate opportunity for public comment
on such guidelines. The guidelines shall provide for notice to the
Secretary prior to commencement of any proposed development within
the boundaries of the Park. The Secretary shall provide written
notice to the owner of the property of any determination proposed
to be made under subsection (a)(2) and shall provide the owner a
reasonable opportunity to comment on such proposal.
"(2) For purposes of this section, except as provided in
paragraph (3), development or proposed development of private
property within the boundaries of the Park that is significantly
different from, or a significant expansion of, development existing
as of November 1, 1985, shall be considered by the Secretary as
detrimental to the values for which the Park was established.
"(3) Reconstruction or expansion of a private or commercial
building shall not be treated as detrimental to the Park or as an
incompatible development within the meaning of this section if such
reconstruction or expansion is limited to one or more of the
following:
"(A) Reconstruction of an existing building.
"(B) Construction of attached or accessory structural
additions, which do not exceed 25 per centum of the square
footage of the principal structure.
"(C) Construction of reasonable support development such as
roads, parking facilities, water and sewage systems, and dock
facilities.
"(c)(1) The owners of any private property within the Park may,
on the date of its acquisition by the Secretary and as a condition
of such acquisition, retain for himself and his successors or
assigns a right to use and occupancy for a definite term of not
more than 25 years, or ending at the death of the owner, or his
spouse, whichever is later. The owners shall elect the term to be
reserved. The Secretary shall pay to the owner the fair market
value of the property on the date of such acquisition, less the
fair market value, of the right retained by the owner.
"(2) Any such right retained pursuant to this subsection shall be
subject to such terms and conditions as the Secretary may prescribe
and may be terminated by the Secretary upon his determination and
after reasonable notice to the owner thereof that such property is
being used for any purpose which is incompatible with the
administration of the Park or with the preservation of the
resources therein. Such right shall terminate by operation of law
upon notification to the owner by the Secretary and tendering to
the owner the amount equal to the fair market value of that portion
which remains unexpired.
"(d)(1) In exercising his authority to acquire lands by exchange
pursuant to this title, the Secretary may accept title to
non-Federal property located within the the boundary of the Park
and may convey to the grantor of such property any federally owned
property under the jurisdiction of the Secretary which lies outside
said boundary and depicted on the map. Properties so exchanged
shall be approximately equal in value, as determined by the
Secretary, except that the Secretary may accept cash from or pay
cash to the grantor in such an exchange in order to equalize the
value of the properties exchanged.
"(2) Federally owned property under jurisdiction of the Secretary
referred to in paragraph (1) of this subsection which is not
exchanged within 10 years after enactment of this Act [Sept. 25,
1986], shall be conveyed to the towns in which the property is
located without emcumbrance [encumbrance] and without monetary
consideration, except that no town shall be eligible to receive
such lands unless, within 10 years after enactment of this Act,
lands within the Park boundary and owned by the town have been
acquired by the Secretary.
"(e) Notwithstanding any other provision of this section, lands
depicted on the map referenced in section 101 and identified as
10DBH and 11DBH known as the 'Bar Harbor Sewage Treatment Plant';
14DBH known as the 'New Park Street Ballfield'; and 15DBH known as
the 'Former Park Headquarters'; shall be conveyed by the Secretary,
without monetary consideration, to the town of Bar Harbor, Maine,
within 180 days following the enactment of this Act [Sept. 25,
1986]. The real property conveyed pursuant to this subsection shall
be used and retained by the town for municipal and public purposes.
Title to the properties conveyed pursuant to this subsection shall
revert to the United States if such property or any portion thereof
is conveyed by the town to another party or used for purposes other
than those specified in this subsection.
"(f) Notwithstanding any other provision of this section, land
depicted on the map identified as 4DBH, located in the village of
Town Hill, Maine, shall be conveyed by the Secretary without
monetary consideration, to the town of Bar Harbor, Maine, as soon
as practicable following the enactment of this Act [Sept. 25,
1986], subject to such terms and conditions, including appropriate
reversionary provisions, as will in the judgment of the Secretary
provide for the development and use of such property by any town
which so desires as a solid waste transfer station in accordance
with a plan that is satisfactory to the town and the Secretary. The
Secretary shall (subject to the availability of prior
appropriations) contribute toward the cost of constructing such
transfer station the lesser of -
"(1) $350,000, or
"(2) 50 per centum of the cost of such construction.
"(g) Notwithstanding any other provision of this section, the
Secretary is authorized to acquire by donation or exchange lands or
interests therein in the area identified on the map as 'Schooner
Head', which is outside the boundary of the park. The Secretary is
further authorized to acquire conservation easements on such lands
by purchase with donated or appropriated funds if he determines
after written notice to the owner and after providing a reasonable
opportunity to comment on such notice, that the property is being
developed or proposed to be developed in a manner which is
significantly different from or a significant expansion of
development existing as of November 1, 1985, as defined in
subsection (b) of this section.
"(h)(1) The Secretary is authorized to acquire conservation
easements by purchase from a willing seller or by donation on
parcels of land adjacent to the Park on Schoodic Peninsula, the
islands of Hancock County, and the islands of Knox County east and
south of the Penobscot Ship Channel, except such islands as lie
within the town of Isle au Haut, Knox County. Parcels subject to
conservation easements acquired or accepted by the Secretary under
this subsection must possess one or more of the following
characteristics:
"(A) important scenic, ecological, historic, archeological, or
cultural resources;
"(B) shorefront property; or
"(C) largely undeveloped entire islands.
"(2) Conservation easements acquired pursuant to this subsection
shall -
"(A) protect the respective scenic, ecological, historic,
archeological, or cultural resources existing on the parcels;
"(B) preserve, through setback requirements or other
appropriate restrictions, the open, natural, or traditional
appearance of the shorefront when viewed from the water or from
other public viewpoints; or
"(C) limit year-round and seasonal residential and commercial
development to activities consistent with the preservation of the (continued)