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(continued)
interests together with their estimated value in a report to the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the House of
Representatives. Such lands or interests shall not be available for
exchange unless authorized by an Act of Congress enacted after the
date of submission of the report.
"SEC. 4. VALUATION OF STATE AND FEDERAL INTERESTS.
"(a) Agreement on Appraiser. - If the Secretary and the Governor
are unable to agree on the value of any Federal lands eligible for
exchange under section 3(a)(3) or State lands, then the Secretary
and the Governor may select a qualified appraiser to conduct an
appraisal of those lands. The purchase or exchange under section
3(a) shall be conducted based on the values determined by the
appraisal.
"(b) No Agreement on Appraiser. - If the Secretary and the
Governor are unable to agree on the selection of a qualified
appraiser under subsection (a), then the Secretary and the Governor
shall each designate a qualified appraiser. The two designated
appraisers shall select a qualified third appraiser to conduct the
appraisal with the advice and assistance of the two designated
appraisers. The purchase or exchange under section 3(a) shall be
conducted based on the values determined by the appraisal.
"(c) Appraisal Costs. - The Secretary and the State of Wyoming
shall each pay one-half of the appraisal costs under subsections
(a) and (b).
"SEC. 5. ADMINISTRATION OF STATE LANDS ACQUIRED BY THE UNITED
STATES.
"The State lands conveyed to the United States under section 3(a)
shall become part of Grand Teton National Park. The Secretary shall
manage such lands under the Act of August 25, 1916 (commonly known
as the 'National Park Service Organic Act') [16 U.S.C. 1 et seq.],
and other laws, rules, and regulations applicable to Grand Teton
National Park.
"SEC. 6. AUTHORIZATION FOR APPROPRIATIONS.
"There are authorized to be appropriated such sums as may be
necessary for the purposes of this Act."
CONSTRUCTION OF ALTERNATE HIGHWAY
Act Aug. 9, 1955, ch. 635, 69 Stat. 555, provided: "That in order
to facilitate public use and enjoyment of the Grand Teton National
Park and to make possible an appropriate relocation and use of
highways through the park, the Secretary of the Interior is
authorized to construct within the park, upon a location to be
agreed upon between the Secretary and the Governor of Wyoming, a
highway which shall replace the present U.S. Highway 89, also
numbered U.S. 187 and U.S. 26. Upon completion of the said highway,
the Secretary is authorized to enter into an agreement with the
State of Wyoming, upon such terms and conditions as he deems in the
interest of the United States, for the conveyance of the highway to
the State in exchange for State and county roads in the park area."
AVAILABILITY OF UNEXPENDED APPROPRIATED FUNDS
The third sentence of section 9 of act Sept. 14, 1950, provided
that: "The remaining unexpended balance of any funds appropriated
for the present Grand Teton National Park and the Jackson Hole
National Monument shall be available for expenditure in connection
with the administration of the Grand Teton National Park
established by this Act [this subchapter and sections 431a, 451a,
482m, 673b, and 673c of this title]".
REVOCATION OF TEMPORARY WITHDRAWALS OF PUBLIC LANDS
Section 8 of act Sept. 14, 1950, provided that: "All temporary
withdrawals of public lands made by Executive order in aid of
legislation pertaining to parks, monuments, or recreational areas,
adjacent to the Grand Teton National Park as established by this
Act [this subchapter and sections 431a, 451a, 482m, 673b, and 673c
of this title] are hereby revoked."
REPEAL OF INCONSISTENT LAWS
The second sentence of section 9 of act Sept. 14, 1950, provided:
"All provisions of law inconsistent with the provisions of this act
[this subchapter and sections 431a, 451a, 482m, 673b, and 673c of
this title] are hereby repealed to the extent of such
inconsistency".
-End-
-CITE-
16 USC Sec. 406d-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK
-HEAD-
Sec. 406d-2. Rights-of-way; continuation of leases, permits, and
licenses; renewal; grazing privileges
-STATUTE-
With respect to those lands that are included by this subchapter
and sections 431a, 451a, 482m, 673b, and 673c of this title within
the Grand Teton National Park -
(a) the Secretary of the Interior shall designate and open
rights-of-way, including stock driveways, over and across Federal
lands within the exterior boundary of the park for the movement
of persons and property to or from State and private lands within
the exterior boundary of the park and to or from national forest,
State, and private lands adjacent to the park. The location and
use of such rights-of-way shall be subject to such regulations as
may be prescribed by the Secretary of the Interior;
(b) all leases, permits, and licenses issued or authorized by
any department, establishment, or agency of the United States
with respect to the Federal lands within the exterior boundary of
the park which are in effect on September 14, 1950, shall
continue in effect, subject to compliance with the terms and
conditions therein set forth, until terminated in accordance with
the provisions thereof;
(c) where any Federal lands included within the park by this
subchapter and sections 431a, 451a, 482m, 673b, and 673c of this
title were legally occupied or utilized on September 14, 1950 for
residence or grazing purposes, or for other purposes not
inconsistent with sections 1, 2, 3, and 4 of this title, pursuant
to a lease, permit, or license issued or authorized by any
department, establishment, or agency of the United States, the
person so occupying or utilizing such lands, and the heirs,
successors, or assigns of such person, shall, upon the
termination of such lease, permit, or license, be entitled to
have the privileges so possessed or enjoyed by him renewed from
time to time, subject to such terms and conditions as the
Secretary of the Interior shall prescribe, for a period of
twenty-five years from September 14, 1950 and thereafter during
the lifetime of such person and the lifetime of his heirs,
successors, or assigns but only if they were members of his
immediate family on such date, as determined by the Secretary of
the Interior: Provided, That grazing privileges appurtenant to
privately owned lands located within the Grand Teton National
Park established by this subchapter and said sections shall not
be withdrawn until title to lands to which such privileges are
appurtenant shall have vested in the United States, except for
failure to comply with the regulations applicable thereto after
reasonable notice of default: Provided further, That nothing in
this subsection shall apply to any lease, permit, or license for
mining purposes or for public accommodations and services or to
any occupancy or utilization of lands for purely temporary
purposes. Nothing contained in this subchapter and said sections
shall be construed as creating any vested right, title, interest,
or estate in or to any Federal lands.
-SOURCE-
(Sept. 14, 1950, ch. 950, Sec. 4, 64 Stat. 850.)
-MISC1-
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see note set
out under section 406d-1 of this title.
GRAZING STUDY OF GRAND TETON NATIONAL PARK
Pub. L. 105-81, Nov. 13, 1997, 111 Stat. 1537, provided that:
"SECTION 1. FINDINGS.
"Congress finds that -
"(1) open space near Grand Teton National Park continues to
decline;
"(2) as the population continues to grow in Teton County,
Wyoming, undeveloped land near the Park becomes more scarce;
"(3) the loss of open space around Teton Park has negative
impacts on wildlife migration routes in the area and on visitors
to the Park, and its repercussions can be felt throughout the
entire region;
"(4) a few ranches make up Teton Valley's remaining open space,
and the ranches depend on grazing in Grand Teton National Park
for summer range to maintain operations;
"(5) the Act that created Grand Teton National Park [act Feb.
26, 1929, ch. 331, 45 Stat. 1314, 16 U.S.C. former 406 to 406d]
allowed several permittees to continue livestock grazing in the
Park for the life of a designated heir in the family;
"(6) some of the last remaining heirs have died, and as a
result the open space around the Park will most likely be
subdivided and developed;
"(7) in order to develop the best solution to protect open
space immediately adjacent to Grand Teton National Park, the Park
Service should conduct a study of open space in the region; and
"(8) the study should develop workable solutions that are
fiscally responsible and acceptable to the National Park Service,
the public, local government, and landowners in the area.
"SEC. 2. STUDY OF GRAZING USE AND OPEN SPACE.
"(a) In General. - The Secretary of the Interior shall conduct a
study concerning grazing use and open space in Grand Teton National
Park, Wyoming, and associated use of certain agricultural and ranch
lands within and adjacent to the Park, including -
"(1) base land having appurtenant grazing privileges within
Grand Teton National Park, Wyoming, remaining after January 1,
1990, under the Act entitled 'An Act to establish a new Grand
Teton National Park in the State of Wyoming, and for other
purposes', approved September 14, 1950 (16 U.S.C. 406d-1 et
seq.); and
"(2) any ranch and agricultural land adjacent to the Park, the
use and disposition of which may affect accomplishment of the
purposes of the Act.
"(b) Purpose. - The study shall -
"(1) assess the significance of the ranching use and pastoral
character of the land (including open vistas, wildlife habitat,
and other public benefits);
"(2) assess the significance of that use and character to the
purposes for which the Park was established and identify any need
for preservation of, and practicable means of, preserving the
land that is necessary to protect that use and character;
"(3) recommend a variety of economically feasible and viable
tools and techniques to retain the pastoral qualities of the
land; and
"(4) estimate the costs of implementing any recommendations
made for the preservation of the land.
"(c) Participation. - In conducting the study, the Secretary of
the Interior shall seek participation from the Governor of the
State of Wyoming, the Teton County Commissioners, the Secretary of
Agriculture, affected land owners, and other interested members of
the public.
"(d) Report. - Not later than 3 years from the date funding is
available for the purposes of this Act, the Secretary of the
Interior shall submit a report to Congress that contains the
findings of the study under subsection (a) and makes
recommendations to Congress regarding action that may be taken with
respect to the land described in subsection (a).
"SEC. 3. EXTENSION OF GRAZING PRIVILEGES.
"(a) In General. - Subject to subsection (b), the Secretary of
the Interior shall reinstate and extend for the duration of the
study described in section 2(a) and until such time as the
recommendations of the study are implemented, the grazing
privileges described in section 2(a)(1), under the same terms and
conditions as were in effect prior to the expiration of the
privileges.
"(b) Effect of Change in Land Use. - If, during the period of the
study or until such time as the recommendations of the study are
implemented, any portion of the land described in section 2(a)(1)
is disposed of in a manner that would result in the land no longer
being used for ranching or other agricultural purposes, the
Secretary of the Interior shall cancel the extension described in
subsection (a)."
-End-
-CITE-
16 USC Sec. 406d-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK
-HEAD-
Sec. 406d-3. Compensation for tax losses; limitation on annual
amount
-STATUTE-
(a) In order to provide compensation for tax losses sustained as
a result of any acquisition by the United States, subsequent to
March 15, 1943, of privately owned lands, together with any
improvements thereon, located within the exterior boundary of the
Grand Teton National Park established by this subchapter and
sections 431a, 451a, 482m, 673b, and 673c of this title, payments
shall be made to the State of Wyoming for distribution to the
county in which such lands are located in accordance with the
following schedule of payments: For the fiscal year in which the
land has been or may be acquired and nine years thereafter there
shall be paid an amount equal to the full amount of annual taxes
last assessed and levied on the land, together with any
improvements thereon, by public taxing units in such county, less
any amount, to be determined by the Secretary of the Interior,
which may have been paid on account of taxes for any period falling
within such fiscal year. For each succeeding fiscal year, until
twenty years elapse, there shall be paid on account of such land an
amount equal to the full amount of taxes referred to in the
preceding sentence, less 5 per centum of such full amount for each
fiscal year, including the year for which the payment is to be
made: Provided, That the amount payable under the foregoing
schedule for any fiscal year preceding the first full fiscal year
following September 14, 1950, shall not become payable until the
end of such first full fiscal year.
(b) As soon as practicable after the end of each fiscal year, the
amount then due for such fiscal year shall be computed and
certified by the Secretary of the Interior, and shall be paid by
the Secretary of the Treasury: Provided, That such amount shall not
exceed 25 per centum of the fees collected during such fiscal year
from visitors to the Grand Teton National Park established by this
subchapter and sections 431a, 451a, 482m, 673b, and 673c of this
title, and the Yellowstone National Park. Payments made to the
State of Wyoming under this section shall be distributed to the
county where the lands acquired from private landowners are located
and in such manner as the State of Wyoming may prescribe.
-SOURCE-
(Sept. 14, 1950, ch. 950, Sec. 5, 64 Stat. 851.)
-MISC1-
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see note set
out under section 406d-1 of this title.
-End-
-CITE-
16 USC Sec. 406d-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK
-HEAD-
Sec. 406d-4. Acceptance of other lands by Secretary of the Interior
-STATUTE-
The Secretary of the Interior is authorized to accept the
donation of the following-described lands, which lands, upon
acceptance by the United States, shall become a part of the
national park:
-HEAD-
SIXTH PRINCIPAL MERIDIAN
Township 41 north, range 116 west: Section 3, lots 1 and 2.
Containing seventy-eight and ninety-three one-hundredths acres,
more or less.
-SOURCE-
(Sept. 14, 1950, ch. 950, Sec. 7, 64 Stat. 852.)
-MISC1-
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see note set
out under section 406d-1 of this title.
-End-
-CITE-
16 USC Sec. 406d-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIX - GRAND TETON NATIONAL PARK
-HEAD-
Sec. 406d-5. Use for reclamation purposes of certain lands within
exterior boundary
-STATUTE-
Nothing in this subchapter and sections 431a, 451a, 482m, 673b,
and 673c of this title shall affect the use for reclamation
purposes, in accordance with the Act of June 17, 1902 (32 Stat.
388), and Acts amendatory thereof or supplementary thereto, of the
lands within the exterior boundary of the park as prescribed by
this subchapter and sections 431a, 451a, 482m, 673b, and 673c of
this title which have been withdrawn or acquired for reclamation
purposes or the operation, maintenance, rehabilitation, and
improvement of the reservoir and other reclamation facilities
located on such withdrawn or acquired lands.
-SOURCE-
(Sept. 14, 1950, ch. 950, Sec. 9, 64 Stat. 853.)
-REFTEXT-
REFERENCES IN TEXT
Act of June 17, 1902 (32 Stat. 388), referred to in text, is
popularly known as the "Reclamation Act" and is classified
generally to chapter 12 (Sec. 371 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 371 of Title 43 and Tables.
-COD-
CODIFICATION
Section comprises only the first sentence of section 9 of act
Sept. 14, 1950. The second sentence of section 9 repealed all laws
"inconsistent with" sections 406d-1 to 406d-5, inclusive, 431a,
451a, 482m, 673b, and 673c of this title, and is set out in note
under section 406d-1 of this title. The third sentence thereof,
which related to availability of unexpended appropriated funds, is
also set out in note under section 406d-1 of this title.
-MISC1-
REPEAL OF INCONSISTENT LAWS
Repeal of laws inconsistent with act Sept. 14, 1950, see note set
out under section 406d-1 of this title.
-End-
-CITE-
16 USC SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-End-
-CITE-
16 USC Sec. 407 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
Sec. 407. Establishment; description of area
-STATUTE-
The tract of land known prior to May 14, 1930, as the Carlsbad
Cave National Monument, in the State of New Mexico, established and
designated as a national monument under section 431 of this title,
and by presidential proclamation of October 25, 1923, is 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 Carlsbad
Caverns National Park, under which name the aforesaid national park
shall be entitled to receive and to use all moneys heretofore or
hereafter appropriated for the Carlsbad Cave National Monument.
-SOURCE-
(May 14, 1930, ch. 272, Sec. 1, 46 Stat. 279.)
-REFTEXT-
REFERENCES IN TEXT
The presidential proclamation of October 25, 1923, referred to in
text, is Proc. No. 1923, 43 Stat. 1929.
-End-
-CITE-
16 USC Sec. 407a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
Sec. 407a. Administration, protection, and development
-STATUTE-
The administration, protection, and development of said Carlsbad
Caverns 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, and Acts
supplementary thereto or amendatory thereof.
-SOURCE-
(May 14, 1930, ch. 272, Sec. 2, 46 Stat. 279.)
-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.
-End-
-CITE-
16 USC Sec. 407b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
Sec. 407b. Applicability of Federal Power Act
-STATUTE-
The provisions of the Federal Power Act [16 U.S.C. 791a et seq.]
shall not apply to or extend over the land by section 407 of this
title or hereafter reserved and dedicated as the Carlsbad Caverns
National Park.
-SOURCE-
(May 14, 1930, ch. 272, Sec. 3, 46 Stat. 279.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act of June 10, 1920, known as the Federal Water Power Act,"
and was redesignated as the Federal Power Act by section 791a of
this title. The Federal Power Act is act June 10, 1920, ch. 285, 41
Stat. 1063, as amended, and is classified generally to chapter 12
(Sec. 791aet seq.) of this title. For complete classification of
this Act to the Code, see section 791a of this title and Tables.
-End-
-CITE-
16 USC Sec. 407c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
Sec. 407c. Repealed. Pub. L. 88-249, Sec. 5, Dec. 30, 1963, 77
Stat. 819
-MISC1-
Section, act May 14, 1930, ch. 272, Sec. 4, 46 Stat. 279, related
to the boundaries of Carlsbad Caverns National Park. See section
407e of this title.
-End-
-CITE-
16 USC Sec. 407d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
Sec. 407d. Admission and guide fees exempt from tax
-STATUTE-
Any admission fee charged for entrance to Carlsbad Caverns and
any fee charged for guide service therein shall be exempt from all
taxes on admissions.
-SOURCE-
(June 22, 1936, ch. 691, Sec. 1, 49 Stat. 1792.)
-COD-
CODIFICATION
Act Sept. 20, 1941, ch. 412, title V, Sec. 541(c), 55 Stat. 710,
amended act May 9, 1935, ch. 101, Sec. 1, 49 Stat. 207, which had
been classified to this section of the Code, "by striking out that
part thereof" upon which this section was based. Said act Sept. 20,
1941, however, made no mention of act June 22, 1936, which
reenacted those same provisions. Such act Sept. 20, 1941, was made
effective on, and applicable only with respect to the period
beginning with, Oct. 1, 1941, by section 550(a) thereof.
-End-
-CITE-
16 USC Sec. 407e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
Sec. 407e. Boundaries
-STATUTE-
Carlsbad Caverns National Park situated in the State of New
Mexico shall consist of the following described lands:
-HEAD-
NEW MEXICO PRINCIPAL MERIDIAN, NEW MEXICO
Township 24 south, range 23 east: south half section 35; section
36.
Township 24 south, range 24 east; sections 25 to 29, inclusive;
sections 31 to 36, inclusive.
Township 24 south, range 25 east: south half southeast quarter
section 19; south half south half section 20; south half south half
section 21; southwest quarter southwest quarter section 26;
sections 27 to 33. inclusive: west half section 34: northwest
quarter northeast quarter section 34.
Township 25 south, range 22 east: sections 24, 25, 35, and 36.
Township 25 south, range 23 east: sections 1 to 33, inclusive;
northwest quarter section 34.
Township 25 south, range 24 east: north half section 1; west half
section 2; northeast quarter section 2; sections 3 to 8, inclusive;
west half section 9; northeast quarter section 9; northwest quarter
section 10; west half section 17; northeast quarter section 17;
section 18; northwest quarter section 19.
Township 25 south, range 25 east: north half section 5; north
half section 6.
Township 26 south, range 22 east: north half section 1; west half
southwest quarter section 1; section 2; section 11; west half west
half section 12; northwest quarter section 14.
Township 26 south, range 23 east: northwest quarter section 6.
All of which contains 46,786.11 acres, more or less.
And the tract of land, including Rattlesnake Springs, lying in
section 23, township 25 south, range 24 east, New Mexico principal
meridian, acquired by the United States for water right purposes by
warranty deed dated January 23, 1934, recorded in Eddy County, New
Mexico, records in deedbook 64 on page 97, containing 79.87 acres,
more or less.
-SOURCE-
(Pub. L. 88-249, Sec. 1, Dec. 30, 1963, 77 Stat. 818.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 407f, 407h of this title.
-End-
-CITE-
16 USC Sec. 407f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
Sec. 407f. Exchange of lands
-STATUTE-
(a) State-owned lands; terms, conditions and reservations
For the purpose of acquiring the State-owned lands lying within
the area described in section 407e of this title, consisting of
2,721.12 acres, and described as follows:
-HEAD-
NEW MEXICO PRINCIPAL MERIDIAN, NEW MEXICO
Township 24 south, range 23 east: section 36.
Township 24 south, range 24 east: section 32.
Township 24 south, range 25 east: section 32.
Township 25 south, range 24 east: lots 1, 2, 3, and 4, south half
north half, southwest quarter section 2.
Township 26 south, range 22 east: south half section 2, the
Secretary of the Interior may, subject to such terms, conditions,
and reservations as may be necessary or are in the public interest,
including the reservation of surface rights-of-way across Federal
lands situated in township 25 south, range 24 east, New Mexico
principal meridian, for the construction of roads and utility lines
between park headquarters and Rattlesnake Springs, exchange the
following described 2,719.80 acres of public land of approximately
equal value:
NEW MEXICO PRINCIPAL MERIDIAN, NEW MEXICO
Township 24 south, range 25 east: southeast quarter section 34.
Township 25 south, range 24 east: south half section 1; west half
section 11; west half section 14; section 15; southeast quarter
section 17.
Township 25 south, range 25 east: south half section 5; lot 6,
northeast quarter southwest quarter, southeast quarter section 6.
Township 26 south, range 22 east: west half west half section 13;
north half northeast quarter section 14.
(b) Private lands; terms, conditions and reservations
For the purpose of acquiring the private lands or interests in
lands lying within the area described in section 407e of this
title, the Secretary of the Interior may, subject to such terms,
conditions, and reservations as may be necessary, exchange on an
approximately equal value basis any of the following described
lands:
NEW MEXICO PRINCIPAL MERIDIAN, NEW MEXICO
Township 25 south, range 24 east: southeast quarter section 9;
south half, northeast quarter section 10.
Township 26 south, range 22 east: south half, south half
northeast quarter section 14.
(c) State-leased lands; compensation of lessee for improvements;
appraisal
Notwithstanding subsection (a) of this section, when an exchange
involves lands in section 32, township 24 south, range 24 east, New
Mexico principal meridian, which the State of New Mexico has
leased, the Secretary may compensate a lessee for the reasonable
value of his improvements to the lands. Reasonable value shall be
determined by the Secretary of the Interior by obtaining an
impartial appraisal.
-SOURCE-
(Pub. L. 88-249, Sec. 2, Dec. 30, 1963, 77 Stat. 818.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 407h of this title.
-End-
-CITE-
16 USC Sec. 407g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
Sec. 407g. State right-of-way for park-type road; reconveyance of
interest upon completion of road
-STATUTE-
The Secretary is authorized to convey to the State of New Mexico
a right-of-way over lands between the western boundary of the
southeast quarter of section 34, township 24 south, range 25 east,
and the vicinity of the caverns for the use of the State in
constructing a park-type road for public use thereon: Provided,
That the State may construct a road which shall meet the general
standards of National Park Service roads and shall agree to
reconvey its interests in such lands and any improvements thereon,
without cost to the United States, upon completion of such road.
The location of the road shall be determined by the Secretary,
after consultation with officials of the State of New Mexico.
-SOURCE-
(Pub. L. 88-249, Sec. 3, Dec. 30, 1963, 77 Stat. 819.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 407h of this title.
-End-
-CITE-
16 USC Sec. 407h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER L - CARLSBAD CAVERNS NATIONAL PARK
-HEAD-
Sec. 407h. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated not more than $500
to carry out the purposes of sections 407e to 407h of this title.
-SOURCE-
(Pub. L. 88-249, Sec. 4, Dec. 30, 1963, 77 Stat. 819.)
-End-
-CITE-
16 USC SUBCHAPTER LI - INDEPENDENCE NATIONAL HISTORICAL
PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LI - INDEPENDENCE NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LI - INDEPENDENCE NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 407m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LI - INDEPENDENCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 407m. Establishment; acquisition of land; property involved
-STATUTE-
For the purpose of preserving for the benefit of the American
people as a national historical park certain historical structures
and properties of outstanding national significance located in
Philadelphia, Pennsylvania, and associated with the American
Revolution and the founding and growth of the United States, the
Secretary of the Interior, following the consummation of agreements
with the city of Philadelphia and the Carpenters' Company of
Philadelphia as prescribed in section 407n of this title, is
authorized to acquire by donation or with donated funds, or to
acquire by purchase, any property, real or personal, within the
following-described areas, such park to be fully established as the
"Independence National Historical Park" when, in the opinion of the
Secretary, title to sufficient of the lands and interests in lands
within such areas, shall be vested in the United States: Provided,
That the park shall not be established until title to the First
United States Bank property, the Merchants' Exchange property, the
Bishop White house, the Dilworth-Todd-Moylan house, and the site of
the Benjamin Franklin house, together with two-thirds of the
remaining lands and interests in lands within the
following-described areas, shall have been vested in the United
States:
(a) An area of three city blocks bounded generally by Walnut
Street, Fifth Street, Chestnut Street, and Second Street, but
excluding the new United States customhouse at the southeast corner
of Second and Chestnut Streets, identified as "project A", as
described in the report of the Philadelphia National Shrines Park
Commission, dated December 29, 1947.
(b) A memorial thoroughfare, or mall, extending generally from
the south side of Walnut Street to the north side of Manning
Street, identified as part of "project B" in the report of the
Commission. The properties identified generally as 269, 271, 273,
and 275 South Fifth Street in "project B" in the report of the
Commission.
(c) The site of the residence of Benjamin Franklin, and related
grounds, comprising approximately a one-hundred-foot-wide strip,
extending southward from Market Street approximately three hundred
feet between Third and Fourth Streets, and encompassing a portion
of Orianna Street, identified as "project C" in the report of the
Commission.
(d) Certain land and buildings immediately adjacent to Christ
Church, situated on the west side of Second Street, and north of
Market Street, identified as "project E" in the report of the
Commission, and certain land and buildings adjoining "Project E",
being known and numbered as 8, 10, and 12 North Second Street and
201, 203, 205, 207, 209, 211-213, 215, 217, 219, and 221 Market
Street: Provided, That the Secretary of the Interior first enter
into an agreement with the proprietor or proprietors of said
property (Christ Church), said agreement to contain the usual and
customary provisions for the protection of the property, assuring
its physical maintenance as a national shrine, without any
limitation or control over its use for customary church purposes.
-SOURCE-
(June 28, 1948, ch. 687, Sec. 1, 62 Stat. 1061; July 10, 1952, ch.
653, Sec. 1, 66 Stat. 575; Pub. L. 85-764, Sec. 3(a), Aug. 27,
1958, 72 Stat. 862.)
-MISC1-
AMENDMENTS
1958 - Subsec. (d). Pub. L. 85-764 included certain lands and
buildings adjoining "project E" being known and numbered as 8, 10,
and 12 North Second Street and 201, 203, 205, 207, 209, 211-213,
215, 217, 219, and 221 Market Street.
1952 - Subsec. (b). Act July 10, 1952, inserted second sentence.
GATEWAY VISITOR CENTER
Pub. L. 106-131, Dec. 7, 1999, 113 Stat. 1678, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Gateway Visitor Center
Authorization Act of 1999'.
"SEC. 2. FINDINGS AND PURPOSE.
"(a) Findings. - The Congress finds the following:
"(1) The National Park Service completed and approved in 1997 a
general management plan for Independence National Historical Park
that establishes goals and priorities for the park's future.
"(2) The general management plan for Independence National
Historical Park calls for the revitalization of Independence Mall
and recommends as a critical component of the Independence Mall's
revitalization the development of a new 'Gateway Visitor Center'.
"(3) Such a visitor center would replace the existing park
visitor center and would serve as an orientation center for
visitors to the park and to city and regional attractions.
"(4) Subsequent to the completion of the general management
plan, the National Park Service undertook and completed a design
project and master plan for Independence Mall which includes the
Gateway Visitor Center.
"(5) Plans for the Gateway Visitor Center call for it to be
developed and managed, in cooperation with the Secretary of the
Interior, by a nonprofit organization which represents the
various public and civic interests of the greater Philadelphia
metropolitan area.
"(6) The Gateway Visitor Center Corporation, a nonprofit
organization, has been established to raise funds for and
cooperate in a program to design, develop, construct, and operate
the proposed Gateway Visitor Center.
"(b) Purpose. - The purpose of this Act is to authorize the
Secretary of the Interior to enter into a cooperative agreement
with the Gateway Visitor Center Corporation to construct and
operate a regional visitor center on Independence Mall.
"SEC. 3. GATEWAY VISITOR CENTER AUTHORIZATION.
"(a) Agreement. - The Secretary of the Interior, in administering
the Independence National Historical Park, may enter into an
agreement under appropriate terms and conditions with the Gateway
Visitor Center Corporation (a nonprofit corporation established
under the laws of the Commonwealth of Pennsylvania) to facilitate
the construction and operation of a regional Gateway Visitor Center
on Independence Mall.
"(b) Operations of Center. - The Agreement shall authorize the
Corporation to operate the Center in cooperation with the Secretary
and to provide at the Center information, interpretation,
facilities, and services to visitors to Independence National
Historical Park, its surrounding historic sites, the City of
Philadelphia, and the region, in order to assist in their enjoyment
of the historic, cultural, educational, and recreational resources
of the greater Philadelphia area.
"(c) Management-Related Activities. - The Agreement shall
authorize the Secretary to undertake at the Center activities
related to the management of Independence National Historical Park,
including, but not limited to, provision of appropriate visitor
information and interpretive facilities and programs related to
Independence National Historical Park.
"(d) Activities of Corporation. - The Agreement shall authorize
the Corporation, acting as a private nonprofit organization, to
engage in activities appropriate for operation of a regional
visitor center that may include, but are not limited to, charging
fees, conducting events, and selling merchandise, tickets, and food
to visitors to the Center.
"(e) Use of Revenues. - Revenues from activities engaged in by
the Corporation shall be used for the operation and administration
of the Center.
"(f) Protection of Park. - Nothing in this section authorizes the
Secretary or the Corporation to take any actions in derogation of
the preservation and protection of the values and resources of
Independence National Historical Park.
"(g) Definitions. - In this section:
"(1) Agreement. - The term 'Agreement' means an agreement under
this section between the Secretary and the Corporation.
"(2) Center. - The term 'Center' means a Gateway Visitor Center
constructed and operated in accordance with the Agreement.
"(3) Corporation. - The term 'Corporation' means the Gateway
Visitor Center Corporation (a nonprofit corporation established
under the laws of the Commonwealth of Pennsylvania).
"(4) Secretary. - The term 'Secretary' means the Secretary of
the Interior."
MIKVEH ISRAEL CEMETERY
Act Aug. 6, 1956, ch. 1018, 70 Stat. 1074, provided that: "Upon
compliance with the provisions of section 2 of this Act, the Mikveh
Israel Cemetery, located in Philadelphia, Pennsylvania, and
containing the graves of Haym Salomon and other outstanding
patriots of the Revolutionary War who played important parts in the
early history of the United States, shall be declared to be a unit
of the Independence National Historical Park: Provided, That the
United States shall not thereby assume any responsibility to
provide for the administration, care, or maintenance of said Mikveh
Israel Cemetery.
"Sec. 2. This Act shall become effective if and when the Mikveh
Israel Congregation, through its duly authorized representatives,
has executed an agreement in terms and conditions satisfactory to
the Secretary of the Interior, providing for the continuing
administration, care, and maintenance, without expense to the
United States, of the Mikveh Israel Cemetery, whereupon said
Secretary shall issue a notice declaring that said requirement has
been met and that Mikveh Israel Cemetery is formally designated a
unit of the Independence National Historical Park."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 407n, 407o of this title.
-End-
-CITE-
16 USC Sec. 407m-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LI - INDEPENDENCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 407m-1. Acquisition of additional lands and buildings
-STATUTE-
The Secretary of the Interior is authorized to acquire by
donation or with donated funds, or to acquire by purchase, the land
and buildings immediately adjacent to, but not including, the St.
George's Methodist Church property, which land and buildings are
identified generally as 318, 320, and 322 New Street, for inclusion
in the Independence National Historical Park: Provided, That the
Secretary shall first enter into an agreement with the proprietor
or proprietors of the St. George's Methodist Church property, such
agreement to contain the usual and customary provisions for the
protection and physical maintenance of said church property,
without expense to the United States, in keeping with, but not as a
part of, the nearby Independence National Historical Park and
providing for its continued use, without limitation or control, for
customary church purposes.
-SOURCE-
(Pub. L. 86-54, Sec. 1, June 23, 1959, 73 Stat. 88.)
-COD-
CODIFICATION
Section was not enacted as a part of act June 28, 1948, ch. 687,
62 Stat. 1061, as amended, which comprises this subchapter.
-MISC1-
APPROPRIATIONS
Section 2 of Pub. L. 86-54 provided that: "There are hereby
authorized to be appropriated such sums, not exceeding $25,000, as
may be necessary to carry out the purposes of section 1 of this Act
[this section]."
-End-
-CITE-
16 USC Sec. 407m-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LI - INDEPENDENCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 407m-2. Acquisition of property adjacent to Old Saint Joseph's
Church
-STATUTE-
The Secretary of the Interior is authorized to acquire by
donation or with donated funds, or to acquire by purchase, from the
Redevelopment Authority of the City of Philadelphia the land and
interests in land immediately adjacent to, but not including the
Old Saint Joseph's Church property in the city of Philadelphia,
Pennsylvania, which land and interests in land are identified on
the records of the city of Philadelphia as 324, 326, 328, 330, 332,
334 and 336 Walnut Street, for inclusion in the Independence
National Historical Park: Provided, That the Secretary shall first
enter into an agreement with the proprietor or proprietors of the
Old Saint Joseph's Church property, such agreement to contain the
usual and customary provisions for the protection and physical
maintenance of such church property, without expense to the United
States, in keeping with, but not as a part of the nearby
Independence National Historical Park and providing for its
continued use, without limitation or control, for customary church
purposes.
-SOURCE-
(Pub. L. 86-273, Sec. 1, Sept. 14, 1959, 73 Stat. 556.)
-COD-
CODIFICATION
Section was not enacted as a part of act June 28, 1948, ch. 687,
62 Stat. 1061, as amended, which comprises this subchapter.
-MISC1-
APPROPRIATIONS
Section 2 of Pub. L. 86-273 authorized to be appropriated such
sums, not exceeding $46,200 as were necessary to carry out the
purposes of this section.
-End-
-CITE-
16 USC Sec. 407m-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LI - INDEPENDENCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 407m-3. Acquisition of site of Graff House
-STATUTE-
In order to include in Independence National Historical Park the
site of the Graff House where Thomas Jefferson wrote the
Declaration of Independence, the Secretary of the Interior is
authorized to acquire by purchase, donation, or with donated funds
all or any interests in the land and improvements thereon located
at the southwest corner of Market and South Seventh Streets, in the
city of Philadelphia, State of Pennsylvania, and more particularly
described as follows:
Beginning at a point located at the intersection of the southerly
line of Market Street with the westerly line of South Seventh
Street, thence southerly along the west side of South Seventh
Street 124 feet, thence westerly 50 feet, thence northerly 124
feet, thence easterly 50 feet to the point of beginning.
-SOURCE-
(Pub. L. 88-477, Sec. 1, Aug. 21, 1964, 78 Stat. 587.)
-COD-
CODIFICATION
Section was not enacted as a part of act June 28, 1948, ch. 687,
62 Stat. 1061, as amended, which comprises this subchapter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 407m-6 of this title.
-End-
-CITE-
16 USC Sec. 407m-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LI - INDEPENDENCE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 407m-4. Erection of replica of Graff House; maintenance
-STATUTE-
The Secretary is further authorized to erect on the site
aforesaid, with donated funds, a replica of the Graff House and to
furnish and maintain the same.
-SOURCE-
(Pub. L. 88-477, Sec. 2, Aug. 21, 1964, 78 Stat. 587.)
-COD-
CODIFICATION
Section was not enacted as a part of act June 28, 1948, ch. 687, (continued)