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(continued)
1995 - Subsec. (b). Pub. L. 104-11 substituted "San Juan Basin
and surrounding areas" for "San Juan Basin".
SHORT TITLE OF 1995 AMENDMENT
Section 1 of Pub. L. 104-11 provided that: "This Act [amending
this section and sections 410ii-1, 410ii-3, and 410ii-5 of this
title] may be cited as the 'Chacoan Outliers Protection Act of
1995'."
-End-
-CITE-
16 USC Sec. 410ii-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09G - CHACO CULTURE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ii-1. Establishment
-STATUTE-
(a) Abolition of Chaco Canyon National Monument
There is hereby established in the State of New Mexico, the Chaco
Culture National Historical Park comprising approximately thirty
three thousand nine hundred and eighty nine acres as generally
depicted on the map entitled "Chaco Culture National Historical
Park", numbered 310/80,032-A and dated August 1979. The Chaco
Canyon National Monument is hereby abolished, as such, and any
funds available for the purpose of the monument shall be available
for the purpose of the Chaco Culture National Historical Park.
(b) Designation of Chaco Culture Archeological Protection Sites
(1) Thirty-nine outlying sites as generally depicted on a map
entitled "Chaco Culture Archeological Protection Sites", numbered
310/80,033-B and dated September 1991, are hereby designated as
"Chaco Culture Archeological Protection Sites". The thirty-nine
archeological protection sites totaling approximately 14,372 acres
identified as follows:
-MISC1-
Name: Acres
Allentown 380
Andrews Ranch 950
Bee Burrow 480
Bisa'ani 131
Casa del Rio 40
Casamero 160
Chimney Rock 3,160
Coolidge 450
Dalton Pass 135
Dittert 480
Great Bend 26
Greenlee Ruin 60
Grey Hill Spring 23
Guadalupe 115
Halfway House 40
Haystack 565
Hogback 453
Indian Creek 100
Jaquez 66
Kin Nizhoni 726
Lake Valley 30
Manuelito-Atsee Nitsaa 60
Manuelito-Kin Hochoi 116
Morris 41 85
Muddy Water 1,090
Navajo Springs 260
Newcomb 50
Peach Springs 1,046
Pierre's Site 440
Raton Well 23
Salmon Ruin 5
San Mateo 61
Sanostee 1,565
Section 8 10
Skunk Springs/Crumbled House 533
Standing Rock 348
Toh-la-kai 10
Twin Angeles 40
Upper Kin Klizhin 60.
(2) The map referred to in paragraph (1) shall be kept on file
and available for public inspection in the appropriate offices of
the National Park Service, the office of the State Director of the
Bureau of Land Management located in Santa Fe, New Mexico, the
office of the Area Director of the Bureau of Indian Affairs located
in Window Rock, Arizona, and the offices of the Arizona and New
Mexico State Historic Preservation Officers.
-SOURCE-
(Pub. L. 96-550, title V, Sec. 502, Dec. 19, 1980, 94 Stat. 3227;
Pub. L. 104-11, Sec. 3, May 18, 1995, 109 Stat. 158.)
-MISC2-
AMENDMENTS
1995 - Subsec. (b). Pub. L. 104-11 designated existing provisions
as par. (1), increased number of outlying protection sites from 33
to 39, updated number designation and date on site designation
maps, increased total acreage from 8,771 to 14,372 acres, and added
par. (2).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410ii-3 of this title.
-End-
-CITE-
16 USC Sec. 410ii-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09G - CHACO CULTURE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ii-2. Repealed. Pub. L. 104-333, div. I, title VIII, Sec.
814(d)(1)(B), Nov. 12, 1996, 110 Stat. 4196
-MISC1-
Section, Pub. L. 96-550, title V, Sec. 503, Dec. 19, 1980, 94
Stat. 3228, related to additions and deletions to Chaco Culture
Archeological Protection Sites.
-End-
-CITE-
16 USC Sec. 410ii-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09G - CHACO CULTURE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ii-3. Acquisition of properties
-STATUTE-
(a) Methods of acquisition
The Secretary is authorized to acquire lands, waters, and
interest therein within the boundaries of the Chaco Culture
National Historical Park (hereinafter referred to as the "park")
and the archeological protection sites as identified in section
410ii-1 of this title by donation, purchase with donated or
appropriated funds, or exchange. Property owned by the State of New
Mexico or any political subdivision thereof, may be acquired by
exchange or donation only. Property held in trust for the benefit
of any Indian tribe or for the benefit of any individual member
thereof may be acquired only with the consent of such owner or
beneficial owner as the case may be.
(b) Conveyance by tribal authorities
The respective tribal authorities are authorized to convey by
exchange, purchase, on (!1) donation the beneficial interest in any
lands designated by section 410ii-1 of this title and held in trust
by the United States for the respective tribes, to the Secretary,
subject to such terms and conditions as the tribal authority deems
necessary and which the Secretary deems are consistent with the
purposes of this subchapter.
(c) Private properties; acquisition by exchange and cooperative
agreements
(1) The Secretary shall attempt to acquire private lands or
interests therein by exchange prior to acquiring lands by any other
method authorized pursuant to this section.
(2) The Secretary shall seek to use a combination of land
acquisition authority under this section and cooperative agreements
(pursuant to section 410ii-4 of this title) to accomplish the
purposes of archeological resource protection at those sites
described in section 410ii-1(b) of this title that remain in
private ownership.
(d) Exchange of Federal property; pool, acreage designation
(1) For purposes of completing an exchange pursuant to
subsections (a) and (b) of this section, the Secretary shall
designate a pool of at least three times the private acreage
described in subsections (a) and (b) of this section, comprised of
Federal property interests of a similar resource character to
property to be exchanged. Federal property shall, whenever
possible, be designated in blocks of at least one section in size,
but in no event shall the blocks designated be less than
one-quarter of a section in size.
(2) The Secretary may include within the pool and Federal
property under his jurisdiction except units of the National Park
System, National Forest System, or the National Wildlife Refuge
System that are nominated by the owner of the private property to
be exchanged. Exchanges shall be on the basis of equal value, and
either party to the exchange may pay or accept cash in order to
equalize the value of the property exchange, except that if the
parties agree to an exchange and the Secretary determines it is in
the public interest, such exchange may be made for other than equal
values.
(e) Federal lands exchanged for non-Federal property
All Federal lands, waters, and interests therein excluded from
the boundaries of Chaco Canyon National Monument by this subchapter
may be exchanged for non-Federal property to be acquired pursuant
to this title. Any lands so excluded shall be managed by the
Secretary under the provisions of the Federal Land Policy and
Management Act of 1976 [43 U.S.C. 1701 et seq.]. Transfer of
administration of such lands to the Bureau of Land Management shall
not be considered a withdrawal as that term is defined in section
103(j) of the Federal Land Policy and Management Act of 1976 [43
U.S.C. 1702(j)].
-SOURCE-
(Pub. L. 96-550, title V, Sec. 504, Dec. 19, 1980, 94 Stat. 3228;
Pub. L. 104-11, Sec. 4, May 18, 1995, 109 Stat. 159.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (e), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701
et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
-MISC1-
AMENDMENTS
1995 - Subsec. (c)(2). Pub. L. 104-11 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: "The Secretary shall
attempt to enter into cooperative agreements pursuant to section
410ii-4 of this title with owners of private property for those
archeological protection sites described in section 410ii-1(b) of
this title. The Secretary shall acquire fee title to any such
private property only if it is necessary to prevent direct and
material damage to, or destruction of, Chaco cultural resources and
no cooperative agreement with the owner of the private property
interest can be affected."
-FOOTNOTE-
(!1) So in original. Probably should be "or".
-End-
-CITE-
16 USC Sec. 410ii-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09G - CHACO CULTURE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ii-4. Cooperative agreements for the protection,
preservation, and maintenance of archeological resources
-STATUTE-
The Secretary shall seek to enter into cooperative agreements
with the owners, including the beneficial owners, of the properties
located in whole in or in part within the park or the archeological
protection sites. The purposes of such agreements shall be to
protect, preserve, maintain, and administer the archeological
resources and associated site regardless of whether title to the
property or site is vested in the United States. Any such agreement
shall contain provisions to assure that (1) the Secretary, or his
representative, shall have a right of access at all reasonable
times to appropriate portions of the property for the purpose of
cultural resource protection and conducting research, and (2) no
changes or alterations shall be permitted with respect to the
cultural resources without the written consent of the Secretary.
Nothing in this subchapter shall be deemed to prevent the
continuation of traditional Native American religious uses of
properties which are the subject of cooperative agreements.
-SOURCE-
(Pub. L. 96-550, title V, Sec. 505, Dec. 19, 1980, 94 Stat. 3229.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410ii-3 of this title.
-End-
-CITE-
16 USC Sec. 410ii-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09G - CHACO CULTURE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ii-5. Administration
-STATUTE-
(a) Laws governing
The Secretary shall administer the park in accordance with the
provisions of this subchapter and the provisions of law generally
applicable to the administration of units of the National Park
System, including sections 1, 2, 3, and 4 of this title, and
sections 461 to 467 of this title.
(b) Protection, preservation, and maintenance of cultural resources
The Secretary shall protect, preserve, maintain, and administer
the Chaco Culture Archeological Protection Sites, in a manner that
will preserve the Chaco cultural resource and provide for its
interpretation and research. Such sites shall be managed by the
Secretary in accordance with the provisions of this subchapter and
the provisions of law generally applicable to public lands as
defined in section 1702(e) of title 43: Provided, however, That
lands held in trust by the Secretary for an Indian tribe or any
individual member thereof, or held in restricted fee status shall
continue to be so managed or held by the Secretary.
(c) Activities endangering cultural values prohibited
No activities shall be permitted upon the upper surface of the
archeological protection sites which shall endanger their cultural
values. For the purposes of this subchapter, upper surface shall be
considered to extend to a depth of twenty meters below ground
level. Nothing in this subchapter shall be deemed to prevent
exploration and development of subsurface oil and gas, mineral, and
coal resources from without the sites which does not infringe upon
the upper surface of the sites.
(d) Livestock grazing permitted
Nothing in this subchapter shall be deemed to prevent the
continuation of livestock grazing on properties which are the
subject of cooperative agreements.
(e) General management plan; transmittal to Congress
Within three complete fiscal years from December 19, 1980, the
Secretary shall transmit to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate, a general management plan for the identification, research,
and protection of the park, pursuant to the provisions of section
1a-7(b) of this title, to be developed by the Director, National
Park Service, in consultation with the Directors, Bureau of Land
Management and Bureau of Indian Affairs and the Governor, State of
New Mexico, and a joint management plan for the identification,
research, and protection of the archeological protection sites, to
be developed by the Director, National Park Service, in
consultation and concurrence with the Directors, Bureau of Land
Management and Bureau of Indian Affairs, and the Governor, State of
New Mexico.
(f) Assistance to Navajo Nation
The Secretary, acting through the Director of the National Park
Service, shall assist the Navajo Nation in the protection and
management of those Chaco Culture Archeological Protection Sites
located on land under the jurisdiction of the Navajo Nation through
a grant, contract, or cooperative agreement entered into pursuant
to the Indian Self-Determination and Education Act (Public Law
93-638), as amended [25 U.S.C. 450 et seq.], to assist the Navajo
Nation in site planning, resource protection, interpretation,
resource management actions, and such other purposes as may be
identified in such grant, contract, or cooperative agreement. This
cooperative assistance shall include assistance with the
development of a Navajo facility to serve those who seek to
appreciate the Chacoan Outlier Sites.
-SOURCE-
(Pub. L. 96-550, title V, Sec. 506, Dec. 19, 1980, 94 Stat. 3229;
Pub. L. 104-11, Sec. 5, May 18, 1995, 109 Stat. 159.)
-REFTEXT-
REFERENCES IN TEXT
The Indian Self-Determination and Education Act, referred to in
subsec. (f), probably means the Indian Self-Determination and
Education Assistance Act, Pub. L. 93-638, Jan. 4, 1975, 88 Stat.
2203, as amended, which is classified principally to subchapter II
(Sec. 450 et seq.) of chapter 14 of Title 25, Indians. For complete
classification of this Act to the Code, see Short Title note set
out under section 450 of Title 25 and Tables.
-MISC1-
AMENDMENTS
1995 - Subsec. (f). Pub. L. 104-11 added subsec. (f).
-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. 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. 410ii-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09G - CHACO CULTURE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ii-6. Research and data gathering
-STATUTE-
(a) Plan for continued operational program; submittal to Congress
Consistent with and in furtherance of the purposes of the
Division of Cultural Research of the Southwest Cultural Resources
Center, operated by the National Park Service, the Secretary shall
continue such research and data gathering activities as may be
appropriate to further the purposes of this subchapter and
knowledge of the Chaco culture. The Secretary shall submit in
writing within six months of the effective date of this section, to
the Committee on Interior and Insular Affairs of the United States
House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate, a plan for the continued
operational program of the Division. The Secretary is authorized
and encouraged to establish a committee composed of professional
archeologists and others with related professional expertise
including the designee of the Governor of the State of New Mexico
to advise the Secretary in matters related to the surveying,
excavation, curation, interpretation, protection, and management of
the cultural resources of the historical park and archeological
protection sites.
(b) Computer-generated data base; furnishing of information to
Federal and private groups
The Secretary shall, through the Division of Cultural Research of
the Southwest Cultural Resources Center of the National Park
Service, be responsible for the development of a computer-generated
data base of the San Juan Basin, and make such information
available to Federal and private groups when to do so will assist
such groups in the preservation, management, and development of the
resources of the basin.
(c) Opportunity for Secretary to comment on proposed expenditures
and permits
The head of any Federal agency having direct or indirect
jurisdiction over a proposed Federal or federally assisted
undertaking with respect to the lands and waters in the
archeological protection sites, and the head of any Federal agency
having authority to license or permit any undertaking with respect
to such lands and waters, shall prior to the approval of the
expenditure of any Federal funds on such undertaking, or prior to
the issuance of any license or permit, as the case may be, afford
the Secretary a reasonable opportunity to comment in writing with
regard to such undertaking and its effect upon such sites, and
shall give due consideration to any comments made by the Secretary
and to the effect of such undertaking on the purposes for which
such sites are established.
-SOURCE-
(Pub. L. 96-550, title V, Sec. 507, Dec. 19, 1980, 94 Stat. 3230.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this section, referred to in subsec. (a),
probably means the date of enactment of Pub. L. 96-550, which was
approved Dec. 19, 1980.
-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. 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. 410ii-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09G - CHACO CULTURE NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ii-7. Authorization of appropriation
-STATUTE-
Effective October 1, 1981, there are authorized to be
appropriated such sums as may be necessary to carry out the
provisions of this subchapter but not to exceed $11,000,000 for
acquisition and $500,000 for development.
-SOURCE-
(Pub. L. 96-550, title V, Sec. 508, Dec. 19, 1980, 94 Stat. 3231.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-H - KALAUPAPA NATIONAL HISTORICAL
PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-H - KALAUPAPA NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410jj 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj. Establishment
-STATUTE-
In order to provide for the preservation of the unique nationally
and internationally significant cultural, historic, educational,
and scenic resources of the Kalaupapa settlement on the island of
Molokai in the State of Hawaii, there is hereby established the
Kalaupapa National Historical Park (hereinafter referred to as the
"park").
-SOURCE-
(Pub. L. 96-565, title I, Sec. 101, Dec. 22, 1980, 94 Stat. 3321.)
-End-
-CITE-
16 USC Sec. 410jj-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj-1. Purposes
-STATUTE-
The Congress declares the following to constitute the principal
purposes of the park:
(1) to preserve and interpret the Kalaupapa settlement for the
education and inspiration of present and future generations;
(2) to provide a well-maintained community in which the
Kalaupapa leprosy patients are guaranteed that they may remain at
Kalaupapa as long as they wish; to protect the current lifestyle
of these patients and their individual privacy; to research,
preserve, and maintain the present character of the community; to
research, preserve, and maintain important historic structures,
traditional Hawaiian sites, cultural values, and natural
features; and to provide for limited visitation by the general
public; and
(3) to provide that the preservation and interpretation of the
settlement be managed and performed by patients and Native
Hawaiians to the extent practical, and that training
opportunities be provided such persons in management and
interpretation of the settlement's cultural, historical,
educational, and scenic resources.
-SOURCE-
(Pub. L. 96-565, title I, Sec. 102, Dec. 22, 1980, 94 Stat. 3321.)
-End-
-CITE-
16 USC Sec. 410jj-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj-2. Boundaries; revisions of boundary; publication in
Federal Register
-STATUTE-
The boundaries of the park shall include the lands, waters, and
interests therein within the area generally depicted on the map
entitled "Boundary Map, Kalaupapa National Historical Park",
numbered P07-80024, and dated May 1980, which shall be on file and
available for public inspection in the local and Washington,
District of Columbia offices of the National Park Service,
Department of the Interior, the Secretary of the Interior
(hereinafter referred to as the "Secretary") may make minor
revisions in the boundary of the park by publication of a revised
boundary map or other description to that effect in the Federal
Register.
-SOURCE-
(Pub. L. 96-565, title I, Sec. 103, Dec. 22, 1980, 94 Stat. 3321.)
-End-
-CITE-
16 USC Sec. 410jj-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj-3. Acquisition of lands and interests
-STATUTE-
(a) State- or locally-owned lands; manner of acquisition
Within the boundary of the park, the Secretary is authorized to
acquire those lands owned by the State of Hawaii or any political
subdivision thereof only by donation or exchange, and only with the
consent of the owner. Any such exchange shall be accomplished in
accordance with the provisions of sections (!1) 460l-22(b) and (c)
(!2) of this title. Any property conveyed to the State or a
political subdivision thereof in exchange for property within the
park which is held in trust for the benefit of Native Hawaiians, as
defined in the Hawaiian Homes Commission Act of 1920 shall, as a
matter of Federal law, be held by the grantee subject to an
equitable estate of the same class and degree as encumbers the
property within the preserve; and "available lands" defined in
section 203 of the Hawaiian Homes Commission Act may be exchanged
in accordance with section 204 of said Act. The vesting of title in
the United States to property within the park shall operate to
extinguish any such equitable estate with respect to property
acquired by exchange within the park. The Secretary may lease from
the Department of Hawaiian Home Lands said trust lands until such
time as said lands may be acquired by exchange as set forth herein
or otherwise acquired. The Secretary may enter into such a lease
without regard to fiscal year limitations.
(b) Privately-owned lands; manner of acquisition
The Secretary is authorized to acquire privately-owned lands
within the boundary of the park by donation, purchase with donated
or appropriated funds, or exchange.
(c) Lands outside of boundary of park and other units of National
Park System within State; manner of acquisition
The Secretary is authorized to acquire by any of the foregoing
methods except condemnation, lands, waters, and interests therein
outside the boundary of the park and outside the boundaries of any
other unit of the National Park System but within the State of
Hawaii, and to convey the same to the Department of Hawaiian Home
Lands in exchange for lands, waters, and interests therein within
the park owned by that Department. Any such exchange shall be
accomplished in accordance with the provisions defined in
subsection (a) of this section.
-SOURCE-
(Pub. L. 96-565, title I, Sec. 104, Dec. 22, 1980, 94 Stat. 3321;
Pub. L. 100-202, Sec. 101(g) [title I, Sec. 100], Dec. 22, 1987,
101 Stat. 1329-213, 1329-220.)
-REFTEXT-
REFERENCES IN TEXT
Subsection (c) of section 460l-22, referred to in subsec. (a),
was redesignated subsection (d) and a new subsection (c) was added
by Pub. L. 98-506, Sec. 2, Oct. 19, 1984, 98 Stat. 2338.
The Hawaiian Homes Commission Act of 1920, referred to in subsec.
(a), probably means the Hawaiian Homes Commission Act, 1920, act
July 9, 1921, ch. 42, 42 Stat. 108, as amended, which was
classified generally to sections 691 to 718 of Title 48,
Territories and Insular Possessions, and was omitted from the Code.
-MISC1-
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-202 inserted at end "The
Secretary may lease from the Department of Hawaiian Home Lands said
trust lands until such time as said lands may be acquired by
exchange as set forth herein or otherwise acquired. The Secretary
may enter into such a lease without regard to fiscal year
limitations."
-FOOTNOTE-
(!1) So in original. Probably should be "section".
(!2) See References in Text note below.
-End-
-CITE-
16 USC Sec. 410jj-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj-4. Administration
-STATUTE-
(a) Laws governing
The Secretary shall administer the park in accordance with the
provisions of sections 1, 2, 3, and 4 of this title, and sections
461 to 467 of this title, and the provisions of this Act.
(b) Emergency, temporary, and interim activities; cooperative
agreements; expenditures; rehabilitation projects
(1) With the approval of the owner thereof, the Secretary may
undertake critical or emergency stabilization of utilities and
historic structures, develop and occupy temporary office space, and
conduct interim interpretive and visitor services on non-Federal
property within the park.
(2) The Secretary shall seek and may enter into cooperative
agreements with the owner or owners of property within the park
pursuant to which the Secretary may preserve, protect, maintain,
construct, reconstruct, develop, improve, and interpret sites,
facilities, and resources of historic, natural, architectural, and
cultural significance. Such agreements shall be of not less than
twenty years duration, may be extended and amended by mutual
agreement, and shall include, without limitation, provisions that
the Secretary shall have the right of access at reasonable times to
public portions of the property for interpretive and other
purposes, and that no changes or alterations shall be made in the
property except by mutual agreement. Each such agreement shall also
provide that the owner shall be liable to the United States in an
amount equal to the fair market value of any capital improvements
made to or placed upon the property in the event the agreement is
terminated prior to its natural expiration, or any extension
thereof, by the owner, such value to be determined as of the date
of such termination, or, at the election of the Secretary, that the
Secretary be permitted to remove such capital improvements within a
reasonable time of such termination. Upon the expiration of such
agreement, the improvements thereon shall become the property of
the owner, unless the United States desires to remove such capital
improvements and restore the property to its natural state within a
reasonable time for such expiration.
(3) Except for emergency, temporary, and interim activities as
authorized in paragraph (1) of this subsection, no funds
appropriated pursuant to this Act shall be expended on non-Federal
property unless such expenditure is pursuant to a cooperative
agreement with the owner.
(4) The Secretary may stabilize and rehabilitate structures and
other properties used for religious or sectarian purposes only if
such properties constitute a substantial and integral part of the
historical fabric of the Kalaupapa settlement, and only to the
extent necessary and appropriate to interpret adequately the
nationally significant historical features and events of the
settlement for the benefit of the public.
-SOURCE-
(Pub. L. 96-565, title I, Sec. 105, Dec. 22, 1980, 94 Stat. 3322.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b)(3), is Pub. L.
96-565, Dec. 22, 1980, 94 Stat. 3321, which enacted this subchapter
and provisions set out as a note under section 2991a of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Tables.
-End-
-CITE-
16 USC Sec. 410jj-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj-5. Special needs of leprosy patients residing in
Kalaupapa settlement; specific provisions
-STATUTE-
The following provisions are made with respect to the special
needs of the leprosy patients residing in the Kalaupapa settlement
-
(1) So long as the patients may direct, the Secretary shall not
permit public visitation to the settlement in excess of one
hundred persons in any one day.
(2) Health care for the patients shall continue to be provided
by the State of Hawaii, with assistance from Federal programs
other than those authorized herein.
(3) Notwithstanding any other provision of law, the Secretary
shall provide patients a first right of refusal to provide
revenue-producing visitor services, including such services as
providing food, accommodations, transportation, tours, and
guides.
(4) Patients shall continue to have the right to take and
utilize fish and wildlife resources without regard to Federal
fish and game laws and regulations.
(5) Patients shall continue to have the right to take and
utilize plant and other natural resources for traditional
purposes in accordance with applicable State and Federal laws.
-SOURCE-
(Pub. L. 96-565, title I, Sec. 106, Dec. 22, 1980, 94 Stat. 3323.)
-End-
-CITE-
16 USC Sec. 410jj-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj-6. Additional needs of leprosy patients and Native
Hawaiians for employment and training; specific provisions
-STATUTE-
The following provisions are made with respect to additional
needs of the leprosy patients and Native Hawaiians for employment
and training. (The term "Native Hawaiian" as used in this
subchapter, means a descendant of not less than one-half part of
the blood of the races inhabiting the Hawaiian Islands previous to
the year 1778.) -
(1) Notwithstanding any other provision of law, the Secretary
shall give first preference to qualified patients and Native
Hawaiians in making appointments to positions established for the
administration of the park, and the appointment of patients and
Native Hawaiians shall be without regard to any provision of the
Federal civil service laws giving an employment preference to any
other class of applicant and without regard to any numerical
limitation on personnel otherwise applicable.
(2) The Secretary shall provide training opportunities for
patients and Native Hawaiians to develop skills necessary to
qualify for the provision of visitor services and for appointment
to positions referred to in paragraph (1).
-SOURCE-
(Pub. L. 96-565, title I, Sec. 107, Dec. 22, 1980, 94 Stat. 3323.)
-REFTEXT-
REFERENCES IN TEXT
The Federal civil service laws, referred to in par. (1), are
classified generally to section 3301 et seq. of Title 5, Government
Organization and Employees.
-End-
-CITE-
16 USC Sec. 410jj-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj-7. Advisory Commission
-STATUTE-
(a) Establishment; membership
There is hereby established the Kalaupapa National Historical
Park Advisory Commission (hereinafter referred to as the
"Commission"), which shall consist of eleven members each appointed
by the Secretary for a term of five years as follows:
(1) seven members who shall be present or former patients,
elected by the patient community; and
(2) four members appointed from recommendations submitted by
the Governor of Hawaii, at least one of whom shall be a Native
Hawaiian.
(b) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any
vacancy in the Commission shall be filled in the same manner in
which the original appointment was made.
(c) Compensation; expenses
A member 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 Act on vouchers signed by the Chairman.
(d) Functions
The Secretary shall consult with and seek the advice of the
Commission with respect to the development and operation of the
park including training programs. The Commission shall, in
addition, advise the Secretary concerning public visitation to the
park, and such advice with respect to numbers of visitors shall be
binding upon the Secretary if the Commission certifies to him that
such advice is based on a referendum, held under the auspices of
the Commission, of all patients on the official Kalaupapa Registry.
(e) Termination
The Commission shall expire twenty-five years from December 22,
1980.
-SOURCE-
(Pub. L. 96-565, title I, Sec. 108, Dec. 22, 1980, 94 Stat. 3323.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L. 96-565, Dec. 22,
1980, 94 Stat. 3321, as amended, which enacted this subchapter and
provisions set out as a note under section 2991a of Title 42, The
Public Health and Welfare. For complete classification of this Act
to the Code, see Tables.
-End-
-CITE-
16 USC Sec. 410jj-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj-8. Reevaluation of management, etc., policies
-STATUTE-
At such time when there is no longer a resident patient community
at Kalaupapa, the Secretary shall reevaluate the policies governing
the management, administration, and public use of the park in order
to identify any changes deemed to be appropriate.
-SOURCE-
(Pub. L. 96-565, title I, Sec. 109, Dec. 22, 1980, 94 Stat. 3324.)
-End-
-CITE-
16 USC Sec. 410jj-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09H - KALAUPAPA NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410jj-9. Authorization of appropriations
-STATUTE-
Effective October 1, 1981, there are hereby authorized to be
appropriated such sums as may be necessary to carry out the
purposes of this subchapter but not to exceed $2,500,000 for
acquisition of lands and interests in lands and $1,000,000 for
development.
-SOURCE-
(Pub. L. 96-565, title I, Sec. 110, Dec. 22, 1980, 94 Stat. 3324.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-I - LYNDON B. JOHNSON NATIONAL
HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09I - LYNDON B. JOHNSON NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-I - LYNDON B. JOHNSON NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410kk 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09I - LYNDON B. JOHNSON NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410kk. Establishment
-STATUTE-
In order to preserve in public ownership historically significant
properties associated with the life of Lyndon B. Johnson, the
Secretary of the Interior is authorized to acquire, by donation or
by purchase with donated or appropriated funds, such lands and
interests in lands, together with the buildings and improvements
thereon, at or in the vicinity of Johnson City, Texas, as are
depicted on the drawings entitled "Boundary Map, Lyndon B. Johnson
National Historical Park", numbered 447-40,008B and 447-40,000A,
and dated January 1980, together with such lands as from time to
time may be donated for addition to the site and such lands as he
shall deem necessary to provide adequate public parking for
visitors at a suitable location. The drawing shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior. When acquired such site shall
be known as the Lyndon B. Johnson National Historical Park.
-SOURCE-
(Pub. L. 91-134, Sec. 1, Dec. 2, 1969, 83 Stat. 274; Pub. L.
96-607, title VI, Sec. 601(1), (3), Dec. 28, 1980, 94 Stat. 3540.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-607 substituted "donated or appropriated funds"
for "donated funds", "drawings entitled 'Boundary Map, Lyndon B.
Johnson National Historical Park', numbered 447-40,008B and
447-40,000A, and dated January 1980" for "drawing entitled 'Lyndon
B. Johnson National Historic Site Boundary Map', numbered
NHS-LBJ-20,000 and dated September 1969", and "Lyndon B. Johnson
National Historical Park" for "Lyndon B. Johnson National Historic
Site".
-End-
-CITE-
16 USC Sec. 410kk-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09I - LYNDON B. JOHNSON NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410kk-1. Administration
-STATUTE-
The Secretary shall administer the Lyndon B. Johnson National
Historical Park in accordance with the provisions of sections 1, 2,
3, and 4 of this title, as amended and supplemented, and sections
461 to 467 of this title.
-SOURCE-
(Pub. L. 91-134, Sec. 2, Dec. 2, 1969, 83 Stat. 274; Pub. L.
96-607, title VI, Sec. 601(3), Dec. 28, 1980, 94 Stat. 3540.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-607 substituted "National Historical Park" for
"National Historic Site".
-End-
-CITE-
16 USC Sec. 410kk-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09I - LYNDON B. JOHNSON NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410kk-2. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this subchapter, but
not more than $4,100,000 for development and not more than
$1,400,000 for the acquisition of lands and interests therein for
the Lyndon B. Johnson National Historical Park.
-SOURCE-
(Pub. L. 91-134, Sec. 3, Dec. 2, 1969, 83 Stat. 274; Pub. L. 96-87,
title IV, Sec. 403, Oct. 12, 1979, 93 Stat. 667; Pub. L. 96-607,
title VI, Sec. 601(2), (3), Dec. 28, 1980, 94 Stat. 3540.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-607 substituted "such sums as may be necessary
to carry out the provisions of sections 410kk to 410kk-2 of this
title, but not more than $4,100,000 for development and not more
than $1,400,000 for the acquisition of lands and interests therein
for" for "not more than $680,000 to provide for the development of"
and "National Historical Park" for "National Historic Site".
Pub. L. 96-87 increased appropriation authorization from $180,000
to $680,000.
-End-
-CITE-
16 USC SUBCHAPTER LIX-J - WOMEN'S RIGHTS NATIONAL
HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09J - WOMEN'S RIGHTS NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-J - WOMEN'S RIGHTS NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410ll 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09J - WOMEN'S RIGHTS NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ll. Establishment
-STATUTE-
(a) Congressional declaration of findings
The Congress finds that -
(1) The Women's Rights Convention held at the Wesleyan
Methodist Chapel in Seneca Falls, New York, in 1848 was an event
of major importance in the history of the United States because
it marked the formal beginning of the struggle of women for their
equal rights.
(2) The Declaration of Sentiments approved by the 1848 Women's
Rights Convention is a document of enduring relevance, which
expresses the goal that equality and justice should be extended
to all people without regard to sex.
(3) There are nine sites located in Seneca Falls and Waterloo,
New York, associated with the nineteenth century women's rights
movement which should be recognized, preserved, and interpreted
for the benefit of the public.
(b) Statement of purposes
It is the purpose of this section to preserve and interpret for
the education, inspiration, and benefit of present and future
generations the nationally significant historical and cultural
sites and structures associated with the struggle for equal rights
for women and to cooperate with State and local entities to
preserve the character and historic setting of such sites and
structures.
(c) Establishment
To carry out the purposes of this section there is hereby
established the Women's Rights National Historical Park
(hereinafter in this section referred to as the "park"). The park (continued)