Loading (50 kb)...'
(continued)
renewal by the Secretary for an additional 50 years.
(4) Authorization of appropriations
There is authorized to be appropriated $3,000,000 to carry out
this subsection.
-SOURCE-
(Pub. L. 100-479, Sec. 3, Oct. 7, 1988, 102 Stat. 2325; Pub. L.
101-399, Sec. 1(b), Sept. 28, 1990, 104 Stat. 860; Pub. L. 104-333,
div. I, title X, Sec. 1030, Nov. 12, 1996, 110 Stat. 4238; Pub. L.
106-176, title I, Sec. 127, Mar. 10, 2000, 114 Stat. 30.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-176, Sec. 127(b), made technical correction to
directory language of Pub. L. 104-333. See 1996 Amendment note
below.
Subsec. (b)(1). Pub. L. 106-176, Sec. 127(a), substituted "and
visitor center" for "and visitors' center".
1996 - Pub. L. 104-333, as amended by Pub. L. 106-176, Sec.
127(b), which directed amendment of section 3 of Act of October 8,
1988, by designating existing provisions as subsec. (a), inserting
heading, and adding subsec. (b), was executed by making the
amendment to this section to reflect the probable intent of
Congress.
1990 - Pub. L. 101-399 substituted "referred to in paragraph (1),
(2), or (3)" for "referred to in paragraph (1) or (2)" and inserted
at end "The Secretary may not acquire the property referred to in
paragraph (3) of section 410oo-1(b) of this title except by
donation."
-End-
-CITE-
16 USC Sec. 410oo-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09M - NATCHEZ NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410oo-3. Administration
-STATUTE-
(a) In general
The Secretary shall administer the park in accordance with this
subchapter and with the provisions of law generally applicable to
units of the National Park System, including sections 1, 2, 3, and
4 of this title and sections 461 to 467 of this title. Properties
acquired under this subchapter for purposes of inclusion in the
park shall be available for visitor inspection and enjoyment as
promptly as practicable after the date of acquisition
notwithstanding the absence of a park management plan.
(b) Donations
Notwithstanding any other provision of law, the Secretary may
accept and expend donations of funds, property, or services from
individuals, foundations, corporations, or public entities for the
purpose of providing services and facilities which he deems
consistent with the purposes of this subchapter.
(c) Historic districts
(1) Study of historic properties
The Secretary shall prepare and transmit to the Committee on
Interior and Insular Affairs of the United States House of
Representatives and to the Committee on Energy and Natural
Resources of the United States Senate a study of the properties
in the city of Natchez and its immediate environs that preserve
and interpret the history contained in the purposes of this
subchapter. Such report shall consider which properties best
exemplify such purposes and appropriate means for providing
technical assistance to, and interpretation of, such properties.
The study and report shall include consideration of
Natchez-Under-the-Hill and the Briars.
(2) Establishment of districts
Following completion of the study under paragraph (1), but not
later than one year after October 7, 1988, the Secretary shall
establish historic districts in the city of Natchez and its
immediate environs for the preservation and interpretation of the
resources that contribute to the understanding of the purposes of
this subchapter.
(3) Cooperative agreements with owners
In furtherance of the purposes of this subchapter, and after
consultation with the Advisory Commission established by this
subchapter, the Secretary is authorized to enter into cooperative
agreements with the owners of properties of historical or
cultural significance (as determined by the Secretary) within any
historic district established under this subsection. Such
agreements shall permit the Secretary to mark, interpret,
improve, restore, and provide technical assistance with respect
to the preservation and interpretation of such properties. Such
agreements shall contain, but need not be limited to, provisions
that the Secretary shall have the right of access at reasonable
times to public portions of any property covered by such
agreement for purposes of conducting visitors through such
properties and interpreting them to the public, and that no
changes or alterations shall be made in the property except by
mutual agreement between the Secretary and other parties to the
agreement.
(d) General management plan
Within three complete fiscal years after October 7, 1988, the
Secretary shall submit to the Committee on Interior and Insular
Affairs of the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United States
Senate a general management plan for the park. The plan shall be
prepared in accordance with section 1a-7(b) of this title. Such
plan shall identify appropriate facilities for proper
interpretation of the site for visitors.
-SOURCE-
(Pub. L. 100-479, Sec. 4, Oct. 7, 1988, 102 Stat. 2325.)
-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. 410oo-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09M - NATCHEZ NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410oo-4. Natchez Trace study
-STATUTE-
The Secretary shall prepare, in consultation with the city of
Natchez, a study of the feasibility of extending the Natchez Trace
within the city of Natchez, including the acceptance of donations
of rights-of-way. The Secretary shall transmit the study to the
Committee on Interior and Insular Affairs of the United States
House of Representatives and to the Committee on Energy and Natural
Resources of the United States Senate within one year after October
7, 1988.
-SOURCE-
(Pub. L. 100-479, Sec. 5, Oct. 7, 1988, 102 Stat. 2326.)
-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. 410oo-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09M - NATCHEZ NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410oo-5. Advisory Commission
-STATUTE-
(a) Establishment
There is hereby established the Natchez National Historical Park
Advisory Commission (hereinafter in this subchapter referred to as
the "Advisory Commission"). The Advisory Commission shall be
composed of six members appointed by the Secretary. Two of such
members shall be appointed from among individuals nominated by the
mayor of Natchez and one from among individuals nominated by the
Governor of Mississippi. Two of the members shall have expertise in
historic preservation and one shall have expertise in architectural
history. Any member of the Advisory Commission appointed for a
definite term may serve after the expiration of his term until his
successor is appointed. The Advisory Commission shall designate one
of its members as Chairperson.
(b) Management and development issues
The Secretary, or his designee, shall from time to time, but at
least semiannually, meet and consult with the Advisory Commission
on matters relating to the management and development of the park.
(c) Meetings
The Advisory Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which
have a distribution which generally covers the area affected by the
park. Advisory Commission meetings shall be held at locations and
in such a manner as to ensure adequate public involvement.
(d) Expenses
Members of the Advisory Commission shall serve without
compensation as such, but the Secretary may pay expenses reasonably
incurred in carrying out their responsibilities under this
subchapter on vouchers signed by the Chairman.
(e) Charter
The provisions of section 14(b) of the Federal Advisory Committee
Act (Act of October 6, 1972; 86 Stat. 776), are hereby waived with
respect to this Advisory Commission.
-SOURCE-
(Pub. L. 100-479, Sec. 6, Oct. 7, 1988, 102 Stat. 2326.)
-REFTEXT-
REFERENCES IN TEXT
Section 14(b) of the Federal Advisory Committee Act, referred to
in subsec. (e), is section 14(b) of Pub. L. 92-463, which is set
out in the Appendix to Title 5, Government Organization and
Employees.
-MISC1-
TERMINATION OF ADVISORY COMMISSIONS
Advisory commissions established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a commission
established by the President or an officer of the Federal
Government, such commission is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
commission established by the Congress, its duration is otherwise
provided for by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
5, Government Organization and Employees.
-End-
-CITE-
16 USC Sec. 410oo-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09M - NATCHEZ NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410oo-6. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated not to exceed
$12,000,000 to carry out this subchapter.
-SOURCE-
(Pub. L. 100-479, Sec. 7, Oct. 7, 1988, 102 Stat. 2327.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-N - ZUNI-CIBOLA NATIONAL HISTORICAL
PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09N - ZUNI-CIBOLA NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-N - ZUNI-CIBOLA NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Secs. 410pp to 410pp-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09N - ZUNI-CIBOLA NATIONAL HISTORICAL PARK
-HEAD-
Secs. 410pp to 410pp-8. Omitted
-COD-
CODIFICATION
Sections 410pp to 410pp-8 were omitted pursuant to section 410pp
which terminated and the Zuni-Cibola National Historical Park was
not established, because notice of acceptance of a leasehold
interest in the Zuni Indian Reservation was not published during
the required period of time.
Section 410pp, Pub. L. 100-567, Sec. 2, Oct. 31, 1988, 102 Stat.
2847; Pub. L. 101-313, title III, Sec. 302(1), June 27, 1990, 104
Stat. 279, provided for establishment of the Zuni-Cibola National
Historical Park effective on the date of publication by the
Secretary of a notice of acceptance of a leasehold interest in the
Zuni Indian Reservation pursuant to section 410pp-1 and provided
for termination of this section six years after Oct. 31, 1988,
unless prior to the end of that six-year period the Secretary had
published such a notice.
Section 410pp-1, Pub. L. 100-567, Sec. 3, Oct. 31, 1988, 102
Stat. 2847; Pub. L. 101-313, title III, Sec. 302(2), June 27, 1990,
104 Stat. 279; Pub. L. 103-437, Sec. 6(k), Nov. 2, 1994, 108 Stat.
4586, set forth conditions under which the Secretary could accept a
leasehold offer from the Zuni Tribe, required preparation of a map
of the park upon acceptance of the leasehold, and provided for
boundary adjustments.
Section 410pp-2, Pub. L. 100-567, Sec. 4, Oct. 31, 1988, 102
Stat. 2848, related to management of the park.
Section 410pp-3, Pub. L. 100-567, Sec. 5, Oct. 31, 1988, 102
Stat. 2849, required consistency with the general management plan
for the park and protection from significant adverse effects on the
park by any Federal agency with activities affecting the park.
Section 410pp-4, Pub. L. 100-567, Sec. 6, Oct. 31, 1988, 102
Stat. 2849, established the Zuni-Cibola National Historical Park
Advisory Commission and provided for the terms of its members, its
expenses, Chair, and meetings, and applicability of the Federal
Advisory Committee Act.
Section 410pp-5, Pub. L. 100-567, Sec. 7, Oct. 31, 1988, 102
Stat. 2850; Pub. L. 103-437, Sec. 6(k), Nov. 2, 1994, 108 Stat.
4586, related to a general management plan for the park.
Section 410pp-6, Pub. L. 100-567, Sec. 8, Oct. 31, 1988, 102
Stat. 2851; Pub. L. 103-437, Sec. 6(k), Nov. 2, 1994, 108 Stat.
4586, related to cultural and religious uses of the park.
Section 410pp-7, Pub. L. 100-567, Sec. 9, Oct. 31, 1988, 102
Stat. 2851, set forth definitions.
Section 410pp-8, Pub. L. 100-567, Sec. 11, Oct. 31, 1988, 102
Stat. 2852, authorized appropriations.
-MISC1-
SHORT TITLE
Section 1 of Pub. L. 100-567 provided that Pub. L. 100-567, which
enacted this subchapter and amended section 460uu-12 of this title,
could be cited as the "Zuni-Cibola National Historical Park
Establishment Act of 1988".
-End-
-CITE-
16 USC SUBCHAPTER LIX-O - NATIONAL PARK OF AMERICAN SAMOA 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09O - NATIONAL PARK OF AMERICAN SAMOA
-HEAD-
SUBCHAPTER LIX-O - NATIONAL PARK OF AMERICAN SAMOA
-End-
-CITE-
16 USC Sec. 410qq 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09O - NATIONAL PARK OF AMERICAN SAMOA
-HEAD-
Sec. 410qq. Findings and purpose
-STATUTE-
(a) Findings
The Congress finds that:
(1) Tropical forests are declining worldwide.
(2) Tropical forests contain 50 percent of the world's plant
and animal species, contribute significantly to the advancement
of science, medicine, and agriculture and produce much of the
earth's oxygen. The loss of these forests leads to the extinction
of species, lessening the world's biological diversity, reduces
the potential for new medicines and crops and increases carbon
dioxide levels in the atomosphere (!1) contributing to the
greenhouse effect that is altering the global climate.
(3) The tropical forest of American Samoa is one of the last
remaining undisturbed paleotropical forests.
(4) The tropical forest in American Samoa is the largest such
forest under direct control of the United States.
(5) The tropical forest of American Samoa contains the habitat
of one of the last remaining populations of Pacific flying foxes.
(6) The flying foxes of American Samoa are responsible for a
large part of the pollination which maintains a significant
portion of the species which inhabit the Samoan tropical forest.
(7) Information presently available indicates the existence of
extensive archaeological evidence related to the development of
the Samoan culture which needs to be examined and protected.
(8) The people of American Samoa have expressed a desire to
have a portion of the tropical forest protected as a unit of the
National Park System.
(b) Purpose
The purpose of this subchapter is to preserve and protect the
tropical forest and archaeological and cultural resources of
American Samoa, and of associated reefs, to maintain the habitat of
flying foxes, preserve the ecological balance of the Samoan
tropical forest, and, consistent with the preservation of these
resources, to provide for the enjoyment of the unique resources of
the Samoan tropical forest by visitors from around the world.
-SOURCE-
(Pub. L. 100-571, Sec. 1, Oct. 31, 1988, 102 Stat. 2879.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410qq-1 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "atmosphere".
-End-
-CITE-
16 USC Sec. 410qq-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09O - NATIONAL PARK OF AMERICAN SAMOA
-HEAD-
Sec. 410qq-1. Establishment
-STATUTE-
(a) In general
In order to carry out the purposes expressed in section 410qq(b)
of this title, the Secretary of the Interior (hereinafter in this
subchapter referred to as the "Secretary") shall establish the
National Park of American Samoa (hereinafter in this subchapter
referred to as the "park"). The Secretary shall establish the park
only when the Governor of American Samoa has entered into a lease
with the Secretary under which the Secretary will lease for a
period of 50 years the lands and waters generally referred to in
subsection (b) of this section for use solely for purposes of the
park. Immediately after October 31, 1988, the Secretary shall
commence negotiations with the Governor of American Samoa
respecting such a lease agreement. On or before the expiration of
the lease agreement as set forth in this subsection, the Governor
of American Samoa is encouraged to extend the lease to maintain the
area as a unit of the National Park System. At such time as the
lease may terminate the Government of American Samoa is urged to
provide assurances to the Secretary that the lands and waters
generally referred to in subsection (b) of this section will be
protected and preserved to the same standards as are applicable to
national parks.
(b) Area included
(1) The park shall consist of three units as generally depicted
on the following maps entitled "Boundary Map, National Park of
American Samoa": (A) map number NP-AS 80,000A, dated August 1988,
(B) map number NP-AS 80,000B, dated August 1988, and (C) map number
NP-AS 80,000C, dated August 1988. Before publication of the maps,
the Secretary, after consultation with the Governor of American
Samoa and other appropriate leaders, may adjust the boundaries of
the park to correspond with the appropriate village boundaries and
modify the maps accordingly. The maps shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior. The Secretary may at any time
make revisions of the boundary of the park in accordance with
section 460l-9(c) of this title, pursuant to agreement with the
Governor of American Samoa, and contingent upon the lease to the
Secretary of lands within the new boundaries.
(2) The Secretary may make adjustments to the boundary of the
park to include within the park certain portions of the islands of
Ofu and Olosega, as depicted on the map entitled "National Park of
American Samoa, Proposed Boundary Adjustment", numbered 82,035 and
dated February 2002, pursuant to an agreement with the Governor of
American Samoa and contingent upon the lease to the Secretary of
the newly added lands. As soon as practicable after a boundary
adjustment under this paragraph, the Secretary shall modify the
maps referred to in paragraph (1) accordingly.
(c) Management by American Samoa
Notwithstanding section 410qq-2(a) of this title, after 50 years
after October 31, 1988, the Secretary shall, if requested by the
Governor of American Samoa, enter into an extension of the lease
referred to in subsection (a) of this section. If the Governor does
not request such an extension the Secretary shall transfer to the
Governor the sole authority to administer the park. Whenever the
Secretary makes such a transfer he shall also transfer any
improvements constructed by the Secretary in the park to the
Governor without compensation.
(d) Compensation under lease agreement
(1) Notwithstanding any other provision of law, the Secretary is
authorized and directed to negotiate with the Governor of American
Samoa the amount of the payments to be made by the United States
under the 50-year lease referred to in subsection (a) of this
section. The Secretary shall make such payments as may be mutually
agreed to by the Secretary and the Governor pursuant to such
negotiations.
(2) The Secretary shall place all lease payments made by the
United States under the lease in an interest bearing escrow account
in American Samoa. Funds in such account may be disbursed only by
the Governor, in amounts determined by the High Court of American
Samoa, to those villages and families located within the boundaries
of the park. The High Court of American Samoa shall have exclusive
jurisdiction to determine the amount to be disbursed under this
section to any person.
(3) If the amount of the lease payments to be made under the
lease is not agreed upon within 1 year after October 31, 1988, the
Secretary shall establish the escrow account referred to in
paragraph (2) within 30 days after the expiration of such 1-year
period and shall make monthly payments of $25,000 per month into
the account until such time as the full value of the lease payments
is agreed to and deposited. Such deposits, together with the
interest thereon, may be used only to cover the amounts of the
lease payments due and payable pursuant to an agreement under this
subsection. If the amounts deposited in such account, together with
interest thereon, exceeds (!1) the amount of the lease payments due
and payable at the time the agreement is entered into,
notwithstanding any other provision of law, the excess shall be
transferred to the accounts provided to the Secretary for operation
and maintenance and for development of the park.
-SOURCE-
(Pub. L. 100-571, Sec. 2, Oct. 31, 1988, 102 Stat. 2879; Pub. L.
107-336, Sec. 1, Dec. 16, 2002, 116 Stat. 2882.)
-MISC1-
AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-336 designated existing
provisions as par. (1), substituted "(A)", "(B)", and "(C)" for
"(1)", "(2)", and "(3)", respectively, and added par. (2).
-FOOTNOTE-
(!1) So in original. Probably should be "exceed".
-End-
-CITE-
16 USC Sec. 410qq-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09O - NATIONAL PARK OF AMERICAN SAMOA
-HEAD-
Sec. 410qq-2. Administration
-STATUTE-
(a) In general
The Secretary shall administer the park in accordance with this
subchapter and with the provisions of law generally applicable to
units of the National Park System, including the sections 1, 2, 3,
and 4 of this title. In the administration of the park, the
Secretary may utilize such statutory authority available to him for
the conservation of wildlife and natural and cultural resources as
he deems necessary to carry out the purposes of this subchapter,
except that he may not acquire any lands or waters or interests
therein for purposes of the park other than by lease.
(b) Traditional subsistence uses
(1) Agricultural, cultural, and gathering uses shall be permitted
in the park for subsistence purposes if such uses are generally
prior existing uses conducted in areas used for such purposes as of
October 31, 1988, and if such uses are conducted in the traditional
manner and by traditional methods. No such uses shall be permitted
in the park for other than subsistence purposes.
(2) Subsistence uses of the marine areas of the park shall also
be permitted in accordance with paragraph (1), and no fishing or
gathering shall be permitted in such marine areas for other than
subsistence purposes.
(c) Interpretive facilities, etc.
Interpretative activities and interpretative facilities for the
park (including maps) shall be in at least the following languages:
English and Samoan.
(d) Employees and contracts
In addition to the Secretary's authority to employ persons to
carry out provisions of this subchapter in accordance with the
civil service laws, and notwithstanding any other provision of law,
the Secretary is authorized to -
(1) hire employees for such purposes who shall not be subject
to the civil service laws, including quotas, and
(2) enter into contracts with individuals for purposes of
exercising any authority of the Secretary within the park.
(e) Native American Samoan personnel
The Secretary shall establish a program to train native American
Samoan personnel to function as professional park service
employees, to provide services to visitors (including the
interpretation of park resources), and operate and maintain park
facilities. Notwithstanding any other provision of law, and to the
extent practicable the Secretary shall extend a preference for the
hiring of native American Samoans to carry out the Secretary's
authorities under this subchapter (including both employees and
persons operating under contract).
(f) Management plan
The Secretary, in cooperation with the Governor of American
Samoa, shall prepare a general management plan for the park. The
plan shall comply with section 1a-7(b) of this title and shall
contain specific measures for the protection and preservation of
tropical forest resources and archaeological and cultural resources
within the park, including, but not limited to, protection of
flying foxes and measures to enhance visitation to the park from
throughout the world, to the extent consistent with the protection
and preservation of such resources.
(g) Advisory Board
(1) The Secretary shall establish an Advisory Board to provide
advice to the Secretary regarding the management of the park. The
Advisory Board shall be comprised of 5 members, 3 of whom shall be
nominated by the Governor of American Samoa. The Advisory Board
shall designate one of its members as Chairman.
(2) The Advisory Board shall meet on a regular basis. Notice of
meetings and agenda shall be announced in advance and meetings
shall be held at locations and in such a manner as to insure
adequate public involvement.
(3) Members of the Advisory Board shall serve without
compensation as such, but the Secretary may pay expenses reasonably
incurred in carrying out their responsibilities under this
subchapter on vouchers signed by the Chairman.
(4) The provisions of section 14(b) of the Federal Advisory
Committee Act (Act of October 6, 1972; 86 Stat. 776), are hereby
waived with respect to this Advisory Board.
(h) Review
At least every 10 years, the Secretary and the Governor, or their
designees, shall review the operation and management of the park.
Such review shall include, but need not be limited to,
consideration of how the objectives of the park can better be
achieved, the need for additional technical or other assistance,
cooperative arrangements between the Government of American Samoa
and the National Park Service in the interpretation and management
of the park, and the desirability of extension of the lease
arrangement.
(i) Technical assistance
The Secretary, in providing technical or other assistance to the
Government of American Samoa may use any authority otherwise
provided to him, including requesting assistance from other Federal
agencies.
-SOURCE-
(Pub. L. 100-571, Sec. 3, Oct. 31, 1988, 102 Stat. 2881.)
-REFTEXT-
REFERENCES IN TEXT
The civil service laws, referred to in subsec. (d), are set forth
in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.
Section 14(b) of the Federal Advisory Committee Act, referred to
in subsec. (g)(4), is section 14(b) of Pub. L. 92-463, which is set
out in the Appendix to Title 5.
-MISC1-
TERMINATION OF ADVISORY BOARDS
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a board
established by the President or an officer of the Federal
Government, such board is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a board
established by the Congress, its duration is otherwise provided for
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410qq-1 of this title.
-End-
-CITE-
16 USC Sec. 410qq-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09O - NATIONAL PARK OF AMERICAN SAMOA
-HEAD-
Sec. 410qq-3. "Native American Samoan" defined
-STATUTE-
For purposes of this subchapter the term "native American Samoan"
means a person who is a citizen or national of the United States
and who is a lineal descendant of an inhabitant of the Samoan
Islands on April 18, 1900. For purposes of this subchapter, Swains
Island shall be considered part of the Samoan Islands.
-SOURCE-
(Pub. L. 100-571, Sec. 4, Oct. 31, 1988, 102 Stat. 2882.)
-End-
-CITE-
16 USC Sec. 410qq-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09O - NATIONAL PARK OF AMERICAN SAMOA
-HEAD-
Sec. 410qq-4. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated such sums as may be
necessary to carry out this subchapter.
-SOURCE-
(Pub. L. 100-571, Sec. 5, Oct. 31, 1988, 102 Stat. 2883.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-P - PECOS NATIONAL HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09P - PECOS NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-P - PECOS NATIONAL HISTORICAL PARK
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 410rr-7 of this title.
-End-
-CITE-
16 USC Sec. 410rr 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09P - PECOS NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410rr. Purpose
-STATUTE-
The purpose of this subchapter is -
(1) to recognize the multitheme history, including the cultural
interaction among diverse groups of people, of the Pecos area and
its "gateway" role between the Great Plains and the Rio Grande
Valley, and
(2) to provide for the preservation and interpretation of the
cultural and natural resources of the Forked Lightning Ranch by
establishing the Pecos National Historical Park.
-SOURCE-
(Pub. L. 101-313, title II, Sec. 201, June 27, 1990, 104 Stat.
278.)
-MISC1-
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-536, Sec. 1, Nov. 8, 1990, 104 Stat. 2368, provided
that: "This Act [enacting section 410rr-7 of this title and
provisions set out as a note under section 410rr-7 of this title]
may be cited as the 'Pecos National Historical Park Expansion Act
of 1990'."
-End-
-CITE-
16 USC Sec. 410rr-1 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09P - PECOS NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410rr-1. Establishment
-STATUTE-
(a) Preservation of existing Pecos National Monument and related
resources
In order to enhance and preserve the existing Pecos National
Monument and related nationally significant resources for the
benefit and enjoyment of present and future generations, there is
hereby established the Pecos National Historical Park (hereinafter
in this subchapter referred to as the "park").
(b) Park boundaries
The park shall include the existing Pecos National Monument and
the area known as the Forked Lightning Ranch which surrounds the
Pecos National Monument and shall consist of approximately 5,865
acres of the lands and interests in lands as generally depicted on
the map entitled "Pecos National Historical Park Boundary Concept",
numbered 430/80028 and dated March 1990. The map shall be on file
and available for public inspection in the offices of the National
Park Service, Department of the Interior. The Secretary of the
Interior (hereinafter in this subchapter referred to as the
"Secretary") may from time to time make minor revisions in the
boundary of the park in accordance with section 460l-9(c) of this
title.
(c) Availability of monument funds for park purposes
The Act entitled "An Act to authorize the establishment of Pecos
National Monument in the State of New Mexico, and for other
purposes" approved June 28, 1965 (79 Stat. 195), is hereby
repealed, and any funds available for purposes of the Pecos
National Monument shall be available for purposes of the park.
-SOURCE-
(Pub. L. 101-313, title II, Sec. 202, June 27, 1990, 104 Stat.
278.)
-REFTEXT-
REFERENCES IN TEXT
The Act entitled "An Act to authorize the establishment of Pecos
National Monument in the State of New Mexico, and for other
purposes" approved June 28, 1965, referred to in subsec. (c), is
Pub. L. 89-54, June 28, 1965, 79 Stat. 195, which enacted
provisions listed in a Miscellaneous National Monuments table set
out under section 431 of this title.
-End-
-CITE-
16 USC Sec. 410rr-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09P - PECOS NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410rr-2. Acquisition of lands, waters, and interests in lands
and waters
-STATUTE-
The Secretary is authorized to acquire lands, waters, and
interests therein within the boundaries of the park by donation,
purchase with donated or appropriated funds, or exchange: Provided,
however, That the Secretary may not acquire lands within the Forked
Lightning Ranch as depicted on the map from the owner of record of
such lands as of May 1, 1990, without the consent of such owner
unless the Secretary determines that the lands are being used, or
that there is an imminent threat that the lands will be used, for
any purpose that is incompatible with the purposes of this Act.
-SOURCE-
(Pub. L. 101-313, title II, Sec. 203, June 27, 1990, 104 Stat.
279.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 101-313, June 27, 1990,
104 Stat. 272, which enacted this subchapter, amended sections
410pp, 410pp-1, and 460uu-12 of this title, and enacted and
repealed provisions listed in a Miscellaneous National Monuments
table set out under section 431 of this title. For complete
classification of this Act to the Code, see Tables.
-End-
-CITE-
16 USC Sec. 410rr-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09P - PECOS NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410rr-3. Administration
-STATUTE-
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.
-SOURCE-
(Pub. L. 101-313, title II, Sec. 204, June 27, 1990, 104 Stat.
279.)
-End-
-CITE-
16 USC Sec. 410rr-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09P - PECOS NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410rr-4. Management plan
-STATUTE-
Within 3 full fiscal years from the date funding is made
available for the purposes of preparing a general management plan,
the Secretary shall 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 general management
plan for the park consistent with the purposes of this subchapter,
including (but not limited to) -
(1) a general visitor use and interpretive program that fully
considers the prehistoric and historic aspects of the national
historical park including the "gateway theme" and early Spanish
settlement of New Mexico;
(2) a statement on the number of visitors and types of public
uses within the park which can be reasonably accommodated in
accordance with the protection of its resources; and
(3) a general development plan for the park, including the
estimated cost thereof.
-SOURCE-
(Pub. L. 101-313, title II, Sec. 205, June 27, 1990, 104 Stat. 279;
Pub. L. 103-437, Sec. 6(d)(12), Nov. 2, 1994, 108 Stat. 4584.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 in introductory provisions substituted
"Natural Resources" for "Interior and Insular Affairs" after
"Committee on".
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-End-
-CITE-
16 USC Sec. 410rr-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09P - PECOS NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410rr-5. Study of possible inclusion of additional sites and
ruins
-STATUTE-
The Secretary, acting through the National Park Service, shall
undertake a study of the Rowe Ruin, Arrowhead Pueblo,
Hobson-Dressler Ruin, and Las Ruedas site for the suitability and
feasibility of their inclusion in the park. The Secretary shall
submit the study to the Congress within one year after June 27,
1990.
-SOURCE-
(Pub. L. 101-313, title II, Sec. 206, June 27, 1990, 104 Stat.
279.)
-End-
-CITE-
16 USC Sec. 410rr-6 01/19/04
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TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09P - PECOS NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410rr-6. Authorization of appropriations
-STATUTE-
There is authorized to be appropriated such sums as may be
necessary to carry out this subchapter.
-SOURCE-
(Pub. L. 101-313, title II, Sec. 207, June 27, 1990, 104 Stat.
279.)
-End-
-CITE-
16 USC Sec. 410rr-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09P - PECOS NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410rr-7. Glorieta Unit of Pecos National Historical Park
-STATUTE-
(a) Establishment
In order to preserve and interpret the Battle of Glorieta for the
benefit and enjoyment of present and future generations, there is
hereby established the Glorieta Unit of the Pecos National
Historical Park (hereafter in this section referred to as the
"Glorieta Unit"). The Glorieta Unit shall be comprised of
approximately 682 acres as generally depicted on the maps entitled
"Glorieta Unit - Pecos National Historical Park", numbered
430-80,031, and dated July 1990. The boundary of Pecos National
Historical Park, established by this subchapter, is hereby modified
to include the Glorieta Unit.
(b) Administration
The Secretary shall administer the Glorieta Unit to preserve and
interpret the Battle of Glorieta for the benefit and enjoyment of
present and future generations, in accordance with the provisions
of this section, applicable provisions of this subchapter, and
provisions of law generally applicable to units of the National
Park System, including sections 1, 2, 3, and 4 of this title and
sections 461 to 467 of this title.
(c) Acquisition
The Secretary is authorized to acquire lands, waters, and
interests therein within the boundaries of the Glorieta Unit by
donation, purchase with donated or appropriated funds, or exchange.
Lands may not be acquired for purposes of the Glorieta Unit without
the consent of the owner thereof unless the Secretary determines
that, in his judgment, the property is subject to, or threatened
with, uses which are having, or would have, an adverse impact on
the Glorieta Unit or on the management of the Glorieta Unit.
(d) Transfer
Lands identified on the maps referred to in subsection (a) of
this section as being within unit number 26 in the "Historic Zone"
are hereby transferred from the administration of the Secretary of
Agriculture to the administration of the Secretary of the Interior,
to be managed in accordance with the provisions of this section.
(e) Management plan
The Secretary shall incorporate management direction for the
Glorieta Unit into the general management plan for the Pecos
National Historical Park, including the identification of routes of
travel associated with the Battle of Glorieta.
(f) Authorization of appropriations
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this section.
-SOURCE-
(Pub. L. 101-536, Sec. 3, Nov. 8, 1990, 104 Stat. 2368.)
-REFTEXT-
REFERENCES IN TEXT
This section, referred to in subsecs. (a), (b), (d), and (f), was
in the original "this Act", meaning Pub. L. 101-536, Nov. 8, 1990,
104 Stat. 2368, known as the Pecos National Historical Park
Expansion Act of 1990, which enacted this section and provisions
set out as notes under this section and section 410rr of this
title. For complete classification of this Act to the Code, see
Short Title of 1990 Amendment note set out under section 410rr of
this title and Tables.
-COD-
CODIFICATION
Section was enacted as part of the Pecos National Historical Park
Expansion Act of 1990, and not as part of title II of Pub. L.
101-313 which comprises this subchapter.
-MISC1-
FINDINGS AND PURPOSE
Section 2 of Pub. L. 101-536 provided that:
"(a) Findings. - The Congress makes the following findings:
"(1) the Civil War battle of Glorieta Pass, New Mexico, fought
on March 26-28, 1862, was a decisive battle of the Civil War in
the Far West;
"(2) the battle was significant because the Confederate defeat
at Glorieta Pass resulted in the collapse of the Confederacy's
plan to capture the riches and support of the West, thus largely
ending the Civil War in the West; and
"(3) the campsite and headquarters of the Union forces during
the Battle of Glorieta are currently within the boundary of Pecos
National Historical Park.
"(b) Purpose. - The purpose of this Act [enacting this section
and provisions set out as a note under section 410rr of this title]
is to preserve and interpret the Battle of Glorieta and to enhance
visitor understanding of the Civil War and the Far West by
establishing a new unit of Pecos National Historical Park."
-End-
-CITE-
16 USC SUBCHAPTER LIX-Q - TUMACACORI NATIONAL HISTORICAL
PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Q - TUMACACORI NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-Q - TUMACACORI NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410ss 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Q - TUMACACORI NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410ss. Establishment
-STATUTE-
(a) In general
In order to protect and interpret, for the education and benefit
of the public, sites in the State of Arizona associated with the
early Spanish missionaries and explorers of the 17th and 18th
centuries, there is hereby established the Tumacacori National
Historical Park (hereinafter in this subchapter referred to as the
"park").
(b) Area included
The park shall consist of the existing Tumacacori National
Monument, together with (1) the ruins of Los Santos Angeles de
Guevavi, the first mission in Arizona (consisting of approximately
8 acres) and (2) the Kino visita and rancheria ruins of Calabazas
(consisting of approximately 22 acres), each as generally depicted
on the map entitled "Boundary Map, Tumacacori National Historical
Park", numbered 311/80018, and dated February 1990. The park shall
also consist of approximately 310 acres of land adjacent to the
original Tumacacori unit of the park and generally depicted on the
map entitled "Tumacacori National Historical Park, Arizona Proposed
Boundary Revision 2001", numbered 310/80,044, and dated July 2001.
The maps shall be on file and available for public inspection in
the appropriate offices of the National Park Service, Department of
the Interior.
(c) Abolition of monument
The Tumacacori National Monument is hereby abolished and any
funds available for purposes of the monument shall be available for
purposes of the park.
-SOURCE-
(Pub. L. 101-344, Sec. 1, Aug. 6, 1990, 104 Stat. 393; Pub. L.
107-218, Sec. 3, Aug. 21, 2002, 116 Stat. 1328.)
-MISC1-
AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-218 inserted "The park shall also
consist of approximately 310 acres of land adjacent to theoriginal (continued)