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(continued)
directed to cause to be erected and maintained, within the exterior
boundaries of the Chesapeake and Ohio Canal National Historical
Park, an appropriate memorial to Justice William O. Douglas. Such
memorial shall be of such design and be located at such place
within the park as the Secretary shall determine.
"Sec. 4. There are authorized to be appropriated such sums as may
be necessary to carry out the provisions of this Act."
-End-
-CITE-
16 USC Sec. 410y-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410y-1. Purposes; establishment; boundaries; acquisition of
lands; procedure for acquisition; time of acquisition
-STATUTE-
(a) In order to preserve and interpret the historic and scenic
features of the Chesapeake and Ohio Canal, and to develop the
potential of the canal for public recreation, including such
restoration as may be needed, there is hereby established the
Chesapeake and Ohio Canal National Historical Park, in the States
of Maryland and West Virginia and in the District of Columbia. The
park as initially established shall comprise those particular
properties in Federal ownership, containing approximately five
thousand two hundred and fifty acres, including those properties
along the line of the Chesapeake and Ohio Canal in the State of
Maryland and appurtenances in the State of West Virginia designated
as the Chesapeake and Ohio Canal National Monument, and those
properties along the line of the Chesapeake and Ohio Canal between
Rock Creek in the District of Columbia and the terminus of the
Chesapeake and Ohio Canal National Monument near the mouth of
Seneca Creek in the State of Maryland. The boundaries of the park
shall be as generally depicted on the drawing entitled "Boundary
Map, Proposed Chesapeake and Ohio Canal National Historical Park,"
in five sheets, numbered CHOH 91,000, and dated October 1969, which
is on file and available for public inspection in the offices of
the National Park Service, Department of the Interior: Provided,
That no lands owned by any State shall be included in the
boundaries of the park -
(1) unless they are donated to the United States, or
(2) until a written cooperative agreement is negotiated by the
Secretary which assures the administration of such lands in
accordance with established administrative policies for national
parks, and
(3) until the terms and conditions of such donation or
cooperative agreement have been forwarded to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives at least sixty
days prior to being executed.
The exact boundaries of the park shall be established, published,
and otherwise publicized within eighteen months after January 8,
1971, and the owners of property other than property lying between
the canal and the Potomac River shall be notified within said
period as to the extent of their property included in the park.
(b) Within the boundaries of the park, the Secretary is
authorized to acquire lands and interests therein by donation,
purchase with donated or appropriated funds, or exchange, but he
shall refrain from acquiring, for two years from January 8, 1971,
any lands designated on the boundary map for acquisition by any
State if he has negotiated and consummated a written cooperative
agreement with such State pursuant to subsection (a) of this
section.
-SOURCE-
(Pub. L. 91-664, Sec. 3, Jan. 8, 1971, 84 Stat. 1978; Pub. L.
103-437, Sec. 6(g), Nov. 2, 1994, 108 Stat. 4585.)
-MISC1-
AMENDMENTS
1994 - Subsec. (a)(3). Pub. L. 103-437 substituted "Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives" for "Committees
on Interior and Insular Affairs of the United States House of
Representatives and Senate".
-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. 410y-1a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410y-1a. Boundary revision
-STATUTE-
The boundaries of the park are revised to include approximately
600 additional acres.
-SOURCE-
(Pub. L. 95-625, title III, Sec. 320, Nov. 10, 1978, 92 Stat. 3488;
Pub. L. 96-199, title I, Sec. 101(c), Mar. 5, 1980, 94 Stat. 68.)
-COD-
CODIFICATION
Section was enacted as part of the National Parks and Recreation
Act of 1978, and not as part of the Chesapeake and Ohio Canal
Development Act which comprises this subchapter.
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-199 struck out proviso that additions to the
park as authorized by this section shall not include any properties
located between 30th Street and Thomas Jefferson Street in the
northwest section of the District of Columbia.
-End-
-CITE-
16 USC Sec. 410y-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410y-2. Consideration by Secretary of comprehensive local or
State development, land use, or recreational plans
-STATUTE-
The Secretary shall take into account comprehensive local or
State development, land use, or recreational plans affecting or
relating to areas in the vicinity of the canal, and shall, wherever
practicable, consistent with the purposes of this subchapter,
exercise the authority granted by this subchapter, in a manner
which he finds will not conflict with such local or State plans.
-SOURCE-
(Pub. L. 91-664, Sec. 4, Jan. 8, 1971, 84 Stat. 1979.)
-End-
-CITE-
16 USC Sec. 410y-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410y-3. Access
-STATUTE-
(a) Pre-existing rights and permits
The enactment of this subchapter shall not affect adversely any
valid rights heretofore existing, or any valid permits heretofore
issued, within or relating to areas authorized for inclusion in the
park.
(b) Issuance of permits by Secretary for use of park lands and
utility, highway, and railway crossings
Other uses of park lands, and utility, highway, and railway
crossings, may be authorized under permit by the Secretary, if such
uses and crossings are not in conflict with the purposes of the
park and are in accord with any requirements found necessary to
preserve park values.
(c) Crossing by foot at designated locations; purposes; conduct
Authority is hereby granted for individuals to cross the park by
foot at locations designated by the Secretary for the purpose of
gaining access to the Potomac River or to non-Federal lands for
hunting purposes: Provided, That while such individuals are within
the boundaries of the park firearms shall be unloaded, bows
unstrung, and dogs on leash.
-SOURCE-
(Pub. L. 91-664, Sec. 5, Jan. 8, 1971, 84 Stat. 1979.)
-End-
-CITE-
16 USC Sec. 410y-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410y-4. Chesapeake and Ohio Canal National Historical Park
Commission
-STATUTE-
(a) Establishment
There is hereby established a Chesapeake and Ohio Canal National
Historical Park Commission (hereafter in this section referred to
as the "Commission").
(b) Membership; appointment; term
The Commission shall be composed of nineteen members appointed by
the Secretary for terms of five years each, as follows:
(1) Eight members to be appointed from recommendations
submitted by the boards of commissioners or the county councils,
as the case may be, of Montgomery, Frederick, Washington, and
Allegany Counties, Maryland, of which two members shall be
appointed from recommendations submitted by each such board or
council, as the case may be;
(2) Eight members to be appointed from recommendations
submitted by the Governor of the State of Maryland, the Governor
of the State of West Virginia, the Governor of the Commonwealth
of Virginia, and the Commissioner of the District of Columbia, of
which two members shall be appointed from recommendations
submitted by each such Governor or Commissioner, as the case may
be; and
(3) Three members to be appointed by the Secretary, one of whom
shall be designated Chairman of the Commission and two of whom
shall be members of regularly constituted conservation
organizations.
(c) Vacancies
Any vacancy in the Commission shall be filled in the same manner
in which the original appointment was made. A member may serve
after the expiration of his term until his successor has taken
office.
(d) Compensation and payment of expenses
Members of the Commission shall serve without compensation, as
such, but the Secretary is authorized to pay, upon vouchers signed
by the Chairman, the expenses reasonably incurred by the Commission
and its members in carrying out their responsibilities under this
subchapter.
(e) Consultation by Secretary
The Secretary, or his designee, shall from time to time but at
least annually, meet and consult with the Commission on general
policies and specific matters related to the administration and
development of the park.
(f) Majority vote
The Commission shall act and advise by affirmative vote of a
majority of the members thereof.
(g) Termination
The Commission shall cease to exist 40 years from January 8,
1971.
-SOURCE-
(Pub. L. 91-664, Sec. 6, Jan. 8, 1971, 84 Stat. 1980; Pub. L.
96-555, Dec. 19, 1980, 94 Stat. 3260; Pub. L. 101-320, July 3,
1990, 104 Stat. 292; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
I, Sec. 134], Dec. 21, 2000, 114 Stat. 2763, 2763A-230.)
-MISC1-
AMENDMENTS
2000 - Subsec. (g). Pub. L. 106-554 substituted "40" for
"thirty".
1990 - Subsec. (c). Pub. L. 101-320, Sec. 1(a), inserted at end
"A member may serve after the expiration of his term until his
successor has taken office."
Subsec. (g). Pub. L. 101-320, Sec. 1(b), substituted "thirty" for
"twenty".
1980 - Subsec. (g). Pub. L. 96-555 substituted "twenty" for
"ten".
-End-
-CITE-
16 USC Sec. 410y-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410y-5. Administration
-STATUTE-
The Chesapeake and Ohio Canal National Historical Park shall be
administered by the Secretary of the Interior in accordance with
sections 1, 2, 3, and 4 of this title, as amended and supplemented.
-SOURCE-
(Pub. L. 91-664, Sec. 7, Jan. 8, 1971, 84 Stat. 1980.)
-End-
-CITE-
16 USC Sec. 410y-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVI - CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410y-6. Availability of funds; authorization of
appropriations; adjustment of appropriations
-STATUTE-
(a) Any funds that may be available for purposes of
administration of the Chesapeake and Ohio Canal property may
hereafter be used by the Secretary for the purposes of the park.
(b) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subchapter, not to
exceed $28,400,000 for land acquisition and not to exceed
$17,000,000 (1970 prices) for development, plus or minus such
amounts, if any, as may be justified by reason of ordinary
fluctuations in construction costs as indicated by engineering cost
indices applicable to the types of construction involved herein.
-SOURCE-
(Pub. L. 91-664, Sec. 8, Jan. 8, 1971, 84 Stat. 1980; Pub. L.
95-625, title III, Sec. 320, Nov. 10, 1978, 92 Stat. 3488.)
-MISC1-
AMENDMENTS
1978 - Subsec. (b). Pub. L. 95-625 substituted "$28,400,000" for
"$20,400,000".
-End-
-CITE-
16 USC SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410z 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410z. Establishment
-STATUTE-
(a) Acquisition of properties by donation or with donated funds
In order to preserve for the benefit and inspiration of the
people of the United States as a national historical park certain
historic structures and properties of outstanding national
significance located in Boston, Massachusetts, and associated with
the American Revolution and the founding and growth of the United
States, the Secretary of the Interior (hereinafter referred to as
the "Secretary") may, in accordance with the provisions of this
subchapter, acquire by donation or by purchase with donated funds,
all lands and improvements thereon or interests therein comprising
the following described areas:
(1) Faneuil Hall, located at Dock Square, Boston;
(2) Paul Revere House, 19 North Square, Boston;
(3) The area identified as the Old North Church area, 193 Salem
Street, Boston;
(4) The Old State House, Washington and State Streets, Boston;
(5) Bunker Hill, Breeds Hill, Boston;
(6) Old South Meeting House, Milk and Washington Streets,
Boston;
(7) Charlestown Navy Yard; and
(8) Dorchester Heights, Boston.
(b) Acquisition of properties with appropriated funds
In the event that the properties described in this section are
not donated to the United States or purchased with donated funds,
they may be acquired by the Secretary with appropriated funds:
Provided, That, except for privately held lands within the
Charlestown Navy Yard as described in subsection (d) of this
section, the Secretary shall not acquire any such properties by
eminent domain so long as he determines that a binding, written
cooperative agreement, assuring the preservation and historical
integrity of such properties remains in force and effect. Lands
owned by the Commonwealth of Massachusetts, or any of its political
subdivisions, may be acquired only by donation.
(c) Publication of notice
At such time as the Secretary determines that sufficient lands,
improvements, and interests therein have been acquired or that
cooperative agreements satisfying the preservation and historical
objective of this subchapter have been executed, he may establish
the Boston National Historical Park by publication of notice to
that effect in the Federal Register, together with a detailed
description or map setting forth the properties included therein.
(d) Charlestown Navy Yard
As used in this section, the Charlestown Navy Yard shall include
the United States Ship Constitution and the lands generally
depicted on the map entitled "Boundary Map: Charlestown Naval
Shipyard - U.S.S. Constitution, Boston National Historical Park",
numbered BONA 20,000 and dated March 1974 which shall be on file
and available in the offices of the Director of the National Park
Service, Department of the Interior, Washington, D.C. As used in
this section, the Charlestown Navy Yard shall also include the
properties known as the Ropewalk and Tar House and the Chain Forge
and Round House, designated on such map as buildings numbered 58,
60, and 105. All right, title, and interest in the Federal
properties and improvements included therein shall be transferred
to the Secretary of the Interior: Provided, That he may, by written
agreement with the Secretary of the Navy, permit the continued use
of any such buildings and facilities as the Secretary of the
Interior determines to be necessary for the preservation and
maintenance of the Constitution, which agreement shall provide that
the Department of the Navy shall transfer to the Department of the
Interior funds sufficient to cover the costs attributable to the
functions and services which are provided by the Department of the
Interior. The Secretary shall consult with representatives of the
city of Boston and the Commonwealth of Massachusetts concerning the
development of suitable transportation plans consistent with the
purposes for which the Navy Yard was included in the historical
park and the Secretary is authorized to grant, in accordance with
such terms and conditions as he deems necessary and consistent with
the purposes of this subchapter, easements and rights-of-way to the
Commonwealth of Massachusetts or any political subdivision thereof
including the Boston Redevelopment Authority for purposes of the
vehicular, pedestrian and utility access to that portion of the
Boston Navy Yard outside the boundaries of the Park. Such grants of
easements and rights-of-way shall be upon the express condition
that the grantee convey to the United States the property known as
Building No. 107, being a part of the Boston Navy Yard and owned by
the Boston Redevelopment Authority.
-SOURCE-
(Pub. L. 93-431, Sec. 2, Oct. 1, 1974, 88 Stat. 1184; Pub. L.
95-625, title III, Sec. 310(a), (d), Nov. 10, 1978, 92 Stat. 3478;
Pub. L. 96-344, Sec. 5, Sept. 8, 1980, 94 Stat. 1134.)
-MISC1-
AMENDMENTS
1980 - Subsec. (d). Pub. L. 96-344 inserted provision including
within the Charlestown Navy Yard properties known as the Ropewalk
and Tar House and the Chain Forge and Round House, designated as
buildings numbered 58, 60, and 105.
1978 - Subsec. (a)(8). Pub. L. 95-625, Sec. 310(a), added par.
(8).
Subsec. (d). Pub. L. 95-625, Sec. 310(d), authorized grant of
easements and rights-of-way for vehicular, pedestrian and utility
access to the Boston Navy Yard outside the boundaries of the Boston
National Historical Park upon express condition that the grantee
convey to the United States the part of the Boston Navy Yard owned
by the Boston Redevelopment Authority.
SHORT TITLE
Section 1 of Pub. L. 93-431, Oct. 1, 1974, 88 Stat. 1184,
provided: "That this Act [enacting this subchapter] may be cited as
the 'Boston National Historical Park Act of 1974'."
AUTHORIZATION OF APPROPRIATIONS
Section 310(c) of Pub. L. 95-625 provided that: "There are
authorized to be appropriated such sums as may be necessary for the
acquisition of lands or interests in lands designated by subsection
(a) of this section [enacting subsec. (a)(8) of this section] as a
component of the Boston National Historical Park, and for the
development of such component."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410z-1, 410z-4, 410z-5 of
this title.
-End-
-CITE-
16 USC Sec. 410z-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410z-1. Acquisition of additional sites
-STATUTE-
(a) Studies
In addition to the properties described in section 410z of this
title, the Secretary shall study the properties described in this
section to determine the feasibility and suitability of including
them within the Boston National Historical Park. In making such
studies, he may enter into tentative agreements with any owners
thereof for their inclusion in said park and he may enter into
options, for a nominal consideration, for the purchase of such
properties, but no additional properties may be added to the park
except by an act of the Congress. Studies shall be made of the
following properties:
(1) Boston Common;
(2) Dillaway-Thomas House;
(3) Thomas Crease House (old Corner Book Store); and
(4) the following burying grounds: King's Chapel, Granary, and
Copp's Hill.
(b) Cooperative agreements authorized
(1) In furtherance of the general purposes of this subchapter as
prescribed in section 410z of this title, the Secretary is
authorized to enter into cooperative agreements with the city of
Boston, the Commonwealth of Massachusetts, or any private
organization to mark, interpret, restore, and/or provide technical
assistance for the preservation and interpretation of any
properties listed in section 410z of this title, or portions
thereof, which, in his opinion, would best be preserved in private,
municipal, or State ownership, in connection with the Boston
National Historical Park. Such agreements shall contain, but shall
not be limited to, provisions that the Secretary, through the
National Park Service, shall have right of access at all reasonable
times to all public portions of the property covered by such
agreement for the purpose of conducting visitors through such
properties and interpreting them to the public, that no changes or
alterations shall be made in such properties except by mutual
agreement between the Secretary and the other parties to such
agreements, except that no limitation or control of any kind over
the use of any such properties customarily used for church purposes
shall be imposed by any agreement. The agreements may contain
specific provisions which outline in detail the extent of the
participation by the Secretary in the restoration, preservation,
and maintenance of such historic properties.
(2) The Secretary of the Interior is authorized to enter into a
cooperative agreement with the Boston Public Library to provide for
the distribution of informational and interpretive materials
relating to the park and to the Freedom Trail.
(c) Identification and marking of significant historical sites
The Secretary may identify other significant sites of the
colonial and Revolutionary periods of American history in the city
of Boston, Massachusetts, and its environs, which are related to
the historical park created by this subchapter, and, with the
consent of the owner or owners thereof, may mark them appropriately
and make reference to them in any interpretive literature.
-SOURCE-
(Pub. L. 93-431, Sec. 3, Oct. 1, 1974, 88 Stat. 1185; Pub. L.
95-625, title III, Sec. 310(b), Nov. 10, 1978, 92 Stat. 3478; Pub.
L. 104-333, div. I, title V, Sec. 504, Nov. 12, 1996, 110 Stat.
4155.)
-MISC1-
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-333 designated existing
provisions as par. (1) and added par. (2).
1978 - Subsec. (a)(4), (5). Pub. L. 95-625 struck out par. "(4)
Dorchester Heights; and" and redesignated par. (5) as (4).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410z-2 of this title.
-End-
-CITE-
16 USC Sec. 410z-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410z-2. Boston National Historical Park Advisory Commission
-STATUTE-
(a) Establishment; membership
There is established a Boston National Historical Park Advisory
Commission (hereinafter referred to as the "Commission") which
shall be composed of members appointed by the Secretary as follows:
(1) Three members appointed from recommendations submitted by
the Governor of Massachusetts;
(2) Three members appointed from recommendations submitted by
the mayor of the city of Boston; and
(3) One member to represent each owner with which the Secretary
has concluded a cooperative agreement pursuant to section 410z-1
of this title, to be appointed from recommendations submitted by
each such owner.
(b) Termination of Commission
The Commission shall terminate ten years from the date of
establishment of the Boston National Historical Park.
(c) Vacancies; chairman
A vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner as the original appointment (and
for the balance of the unexpired term). The Chairman of the
Commission shall be designated by the Secretary.
(d) Majority rule
The Commission shall act and advise by affirmative vote of a
majority of its members.
(e) Consultation between Secretary and Commission
The Secretary or his designee shall from time to time, but at
least semiannually, consult with the Commission with respect to
matters relating to the development of the Boston National
Historical Park.
(f) Compensation; payment of expenses
Members of the Commission shall serve without compensation as
such. The Secretary is authorized to pay the expenses reasonably
incurred by the Commission in carrying out its responsibilities
under this subchapter upon presentation of vouchers signed by the
Chairman.
-SOURCE-
(Pub. L. 93-431, Sec. 4, Oct. 1, 1974, 88 Stat. 1185.)
-End-
-CITE-
16 USC Sec. 410z-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410z-3. Visitor center
-STATUTE-
The Secretary may acquire property or any interest therein by
donation, purchase, or exchange for the visitor center, and
notwithstanding any other provision of law, funds appropriated for
the development and operation of the visitor center may be expended
on property in which the Secretary has acquired less than the fee
simple interest therein, including a leasehold interest.
-SOURCE-
(Pub. L. 93-431, Sec. 5, Oct. 1, 1974, 88 Stat. 1186.)
-End-
-CITE-
16 USC Sec. 410z-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410z-4. Administration
-STATUTE-
When established as provided in section 410z of this title, the
Boston National Historical Park shall be administered by the
Secretary in accordance with the provisions of this subchapter,
sections 1, 2, 3, and 4 of this title, as amended and supplemented,
and sections 461 to 467 of this title.
-SOURCE-
(Pub. L. 93-431, Sec. 6, Oct. 1, 1974, 88 Stat. 1186.)
-End-
-CITE-
16 USC Sec. 410z-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVII - BOSTON NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410z-5. Authorization of appropriations
-STATUTE-
For the acquisition of lands or interests in lands designated by
section 410z of this title, as components of the Boston National
Historical Park, there is authorized to be appropriated not to
exceed $2,740,000. For development of the components designated as
paragraphs 1 through 6 in section 410z of this title, there is
authorized to be appropriated not more than $12,818,000. For the
development of the component designated as paragraph 7 in section
410z of this title, there is authorized to be appropriated not more
than $11,500,000.
-SOURCE-
(Pub. L. 93-431, Sec. 7, Oct. 1, 1974, 88 Stat. 1186.)
-End-
-CITE-
16 USC SUBCHAPTER LVIII - VALLEY FORGE NATIONAL
HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVIII - VALLEY FORGE NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LVIII - VALLEY FORGE NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410aa 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVIII - VALLEY FORGE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410aa. Establishment
-STATUTE-
In order to preserve and commemorate for the people of the United
States the area associated with the heroic suffering, hardship, and
determination and resolve of General George Washington's
Continental Army during the winter of 1777-1778 at Valley Forge,
the Secretary of the Interior (hereinafter referred to as the
"Secretary") is authorized to establish the Valley Forge National
Historical Park (hereinafter referred to as the "park"), in the
Commonwealth of Pennsylvania.
-SOURCE-
(Pub. L. 94-337, Sec. 1, July 4, 1976, 90 Stat. 796.)
-MISC1-
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-86, Sec. 1, Oct. 31, 1999, 113 Stat. 1298, provided
that: "This Act [enacting provisions set out as a note under this
section] may be cited as the 'Pennsylvania Battlefields Protection
Act of 1999'."
VALLEY FORGE NATIONAL HISTORICAL PARK
Pub. L. 106-86, title II, Oct. 31, 1999, 113 Stat. 1299, provided
that:
"SEC. 201. PURPOSE.
"The purpose of this title is to authorize the Secretary of the
Interior to enter into an agreement with the Valley Forge
Historical Society (hereinafter referred to as the 'Society'), to
construct and operate a museum within the boundary of Valley Forge
National Historical Park in cooperation with the Secretary.
"SEC. 202. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION
AUTHORIZATION.
"(a) Agreement Authorized. - The Secretary of the Interior, in
administering the Valley Forge National Historical Park, is
authorized to enter into an agreement under appropriate terms and
conditions with the Society to facilitate the planning,
construction, and operation of the Valley Forge Museum of the
American Revolution on Federal land within the boundary of Valley
Forge National Historical Park.
"(b) Contents and Implementation of Agreement. - An agreement
entered into under subsection (a) shall -
"(1) authorize the Society to develop and operate the museum
pursuant to plans developed by the Secretary and to provide at
the museum appropriate and necessary programs and services to
visitors to Valley Forge National Historical Park related to the
story of Valley Forge and the American Revolution;
"(2) only be carried out in a manner consistent with the
General Management Plan and other plans for the preservation and
interpretation of the resources and values of Valley Forge
National Historical Park;
"(3) authorize the Secretary to undertake at the museum
activities related to the management of Valley Forge National
Historical Park, including, but not limited to, provision of
appropriate visitor information and interpretive facilities and
programs related to Valley Forge National Historical Park;
"(4) authorize the Society, acting as a private nonprofit
organization, to engage in activities appropriate for operation
of the museum that may include, but are not limited to, charging
appropriate fees, conducting events, and selling merchandise,
tickets, and food to visitors to the museum;
"(5) provide that the Society's revenues from the museum's
facilities and services shall be used to offset the expenses of
the museum's operation; and
"(6) authorize the Society to occupy the museum so constructed
for the term specified in the Agreement and subject to the
following terms and conditions:
"(A) The conveyance by the Society to the United States of
all right, title, and interest in the museum to be constructed
at Valley Forge National Historical Park.
"(B) The Society's right to occupy and use the museum shall
be for the exhibition, preservation, and interpretation of
artifacts associated with the Valley Forge story and the
American Revolution, to enhance the visitor experience of
Valley Forge National Historical Park, and to conduct
appropriately related activities of the Society consistent with
its mission and with the purposes for which the Valley Forge
National Historical Park was established. Such right shall not
be transferred or conveyed without the express consent of the
Secretary.
"(C) Any other terms and conditions the Secretary determines
to be necessary.
"SEC. 203. PRESERVATION AND PROTECTION.
"Nothing in this title authorizes the Secretary or the Society to
take any actions in derogation of the preservation and protection
of the values and resources of Valley Forge National Historical
Park. An agreement entered into under section 202 shall be
construed and implemented in light of the high public value and
integrity of the Valley Forge National Historical Park and the
National Park System."
-End-
-CITE-
16 USC Sec. 410aa-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVIII - VALLEY FORGE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410aa-1. Lands and property
-STATUTE-
(a) Boundaries; inspection of map
The park shall comprise the area generally depicted on the map
entitled "Valley Forge National Historical Park", dated June 1979,
and numbered VF-91,001, which shall be on file and available for
inspection in the offices of the National Park Service, Department
of the Interior, Washington, District of Columbia, and in the
offices of the superintendent of the park. After advising the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, in
writing, the Secretary may make minor revisions of the boundaries
of the park when necessary by publication of a revised map or other
boundary description in the Federal Register.
(b) Acquisition of lands
Within the boundaries of the park, the Secretary may acquire
lands and interests therein by donation, purchase with donated or
appropriated funds, exchange, or transfer. Any property owned by
the Commonwealth of Pennsylvania or any political subdivision
thereof may be acquired only by donation. The effective date of
such donation shall not be prior to October 1, 1976.
(c) Reservation of rights by grantors; compensation for land
Except for property deemed by the Secretary to be essential for
visitor facilities, or for access to or administration of the park,
any owner or owners of improved property on the date of its
acquisition by the Secretary may, as a condition of such
acquisition, retain for themselves and their successors or assigns
a right of use and occupancy of the improved property for
noncommercial residential purposes for a definite term not to
exceed twenty-five years, or in lieu thereof, for a term ending at
the death of the owner, or the death of his or her spouse,
whichever is the later. The owner shall elect the term to be
reserved. Unless the property is wholly or partially donated, 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 on such date of the right retained by the owner.
(d) Termination of grantor's rights
The Secretary may terminate a right of use and occupancy retained
pursuant to this section upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of this subchapter, and upon tender to the holder of the
right of an amount equal to the fair market value of that portion
of the right which remains unexpired on the date of termination.
(e) "Improved property" defined
The term "improved property", as used in this section shall mean
a detached, noncommercial residential dwelling, the construction of
which was begun before January 1, 1975 (hereafter referred to as
"dwelling"), together with so much of the land on which the
dwelling is situated, the said land being in the same ownership as
the dwelling, as the Secretary shall designate to be reasonably
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures
accessory to the dwelling which are situated on the land so
designated.
-SOURCE-
(Pub. L. 94-337, Sec. 2, July 4, 1976, 90 Stat. 796; Pub. L.
96-287, title III, Sec. 301(1), June 28, 1980, 94 Stat. 601; Pub.
L. 103-437, Sec. 6(a)(3), Nov. 2, 1994, 108 Stat. 4583.)
-MISC1-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-437 substituted "Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives" for "Committees
on Interior and Insular Affairs of the United States Congress".
1980 - Subsec. (a). Pub. L. 96-287 substituted reference to park
area as depicted on map "dated June 1979, and numbered VF-91,001"
for prior depiction on map "dated February 1976, and numbered
VF-91,000".
-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. 410aa-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVIII - VALLEY FORGE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410aa-2. Notice in Federal Register; appropriations;
administration
-STATUTE-
When the Secretary determines that lands and interests therein
have been acquired in an amount sufficient to constitute an
administerable (!1) unit, he shall establish the park by
publication of a notice to that effect in the Federal Register:
Provided, That the park shall not be established until the
Secretary receives commitments which he deems to be sufficient from
the Commonwealth of Pennsylvania that the appropriations made by
acts 320 and 352 of 1974, and act 12A of 1975, of the Legislature
of the Commonwealth of Pennsylvania, will continue to be available
and obligated for development purposes within the park. The
Secretary shall administer the property acquired for such park in
accordance with sections 1, 2, 3, and 4 of this title, as amended
and supplemented, and sections 461 to 467 of this title. In
furtherance of the purposes of this subchapter, the Secretary is
authorized to provide technical assistance to public and private
nonprofit entities in qualifying for appropriate historical
designation and for such grants, other financial assistance, and
other forms of aid as are available under Federal, State, or local
law for the protection, rehabilitation, or preservation of
properties in the vicinity of the park which are historically
related to the purposes of the park.
-SOURCE-
(Pub. L. 94-337, Sec. 3, July 4, 1976, 90 Stat. 797; Pub. L.
96-287, title III, Sec. 301(2), June 28, 1980, 94 Stat. 601.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-287 authorized technical assistance to
nonprofit entities in qualifying for appropriate historical
designation and for any aid for protection, rehabilitation, or
preservation of properties in the vicinity of the park which are
historically related to the purposes of the park.
-FOOTNOTE-
(!1) So in original. Probably should be "administrable".
-End-
-CITE-
16 USC Sec. 410aa-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LVIII - VALLEY FORGE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410aa-3. Authorization of appropriations
-STATUTE-
(a) There are hereby authorized to be appropriated such sums as
may be necessary to carry out the purposes of this subchapter, but
not more than $13,895,000 for the acquisition of lands and
interests in lands.
(b) For the development of essential public facilities there are
authorized to be appropriated not more than $500,000. Within three
years from the date of establishment of the park pursuant to this
subchapter, the Secretary shall, after consulting with the Governor
of the Commonwealth of Pennsylvania, develop and transmit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a
final master plan for the development of the park consistent with
the objectives of this subchapter, indicating:
(1) the facilities needed to accommodate the health, safety,
and interpretive needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the
park.
-SOURCE-
(Pub. L. 94-337, Sec. 4, July 4, 1976, 90 Stat. 797; Pub. L.
96-287, title III, Sec. 301(3), June 28, 1980, 94 Stat. 601; Pub.
L. 103-437, Sec. 6(a)(3), Nov. 2, 1994, 108 Stat. 4583.)
-MISC1-
AMENDMENTS
1994 - Subsec. (b). Pub. L. 103-437 in introductory provisions
substituted "Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives" for "Committees on Interior and Insular Affairs of
the United States Congress".
1980 - Subsec. (a). Pub. L. 96-287 substituted "$13,895,000" for
"$8,622,000".
-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-
AUTHORIZATIONS EFFECTIVE OCTOBER 1, 1980
Authorizations of moneys appropriated under Pub. L. 96-287
effective Oct. 1, 1980, see section 401 of Pub. L. 96-287, set out
as a note under section 410gg-5 of this title.
-End-
-CITE-
16 USC SUBCHAPTER LIX - KLONDIKE GOLD RUSH NATIONAL
HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX - KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX - KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410bb 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX - KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410bb. Establishment
-STATUTE-
(a) Composition and boundaries; relocation of Seattle unit
In order to preserve in public ownership for the benefit and
inspiration of the people of the United States, historic structures
and trails associated with the Klondike Gold Rush of 1898, the
Secretary of the Interior (hereinafter referred to as the
"Secretary") is authorized to establish the Klondike Gold Rush
National Historical Park (hereinafter referred to as the "park"),
consisting of a Seattle unit, a Skagway unit, a Chilkoot Trail
unit, and a White Pass Trail unit. The boundaries of the Skagway
unit, the Chilkoot Trail unit, and the White Pass Trail unit shall
be as generally depicted on a drawing consisting of two sheets
entitled "Boundary Map, Klondike Gold Rush National Historical
Park", numbered 20,013-B and dated May, 1973, which shall be on
file and available for public inspection in the offices of the
National Park Service, Department of the Interior. Within the
Pioneer Square Historic District in Seattle as depicted on a
drawing entitled "Pioneer Square Historic District", numbered
20,010-B and dated May 19, 1973, which shall also be on file and
available as aforesaid, the Secretary may select a suitable site
for the Seattle unit and publish a description of the site in the
Federal Register. The Secretary may relocate the site of the
Seattle unit by publication of a new description in the Federal
Register, and any property acquired for purposes of the unit prior
to such relocation shall be subject to disposal in accordance with
the Federal surplus property laws: Provided, That the Seattle unit
shall be within the Pioneer Square Historic District. After
advising the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives, in writing, the Secretary may revise the
boundaries of the park from time to time, by publication of a
revised map or other boundary description in the Federal Register,
but the total area of the park may not exceed thirteen thousand
three hundred acres.
(b) Acquisition of land; administrative site
(1) The Secretary may acquire lands, waters, and interests
therein within the park by donation, purchase, lease, exchange, or
transfer from another Federal agency. Lands or interests in lands
owned by the State of Alaska or any political subdivision thereof
may be acquired only by donation or exchange, and notwithstanding
the provisions of subsection 6(i) of the Act of July 7, 1958 (72
Stat. 339, 342), commonly known as the Alaska Statehood Act, the
State may include the minerals in any such transaction. Lands under
the jurisdiction of any Federal agency may, with the concurrence of
such agency, be transferred without consideration to the Secretary
for the purposes of the park.
(2) The Secretary is authorized to acquire outside the boundaries
of the park, by any of the above methods, not to exceed fifteen
acres of land or interests therein located in, or in the vicinity
of, the city of Skagway, Alaska, for an administrative site; and to
acquire by any of the above methods, up to ten historic structures
or interests in such structures located in the city of Skagway but
outside the Skagway unit for relocation within such unit as the (continued)