Loading (50 kb)...'
(continued)
Act [this subchapter] are -
"(1) to establish a unit of the National Park System in Dayton,
Ohio, consisting of certain lands and structures associated with
Wilbur and Orville Wright and the early development of aviation;
and
"(2) to create partnerships among Federal, State, and local
governments and the private sector to preserve, enhance, and
interpret for present and future generations the historic and
cultural structures, districts, and artifacts in Dayton and the
Miami Valley in the State of Ohio, which are associated with the
Wright brothers, the invention and development of aviation, or
the life and works of Paul Laurence Dunbar, and which, as a
whole, represent a nationally significant resource."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410ww-1, 410ww-21 of this
title.
-End-
-CITE-
16 USC Sec. 410ww-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part A - Dayton Aviation Heritage National Historical Park
-HEAD-
Sec. 410ww-1. Protection of historic properties
-STATUTE-
(a) Acquisition of properties within park
Within the boundaries of the park the Secretary shall, subject to
the availability of appropriated funds, acquire the Wright Cycle
Company Building and Hoover Block, and may acquire other
properties, or interests therein, referred to in section 410ww(b)
of this title, by donation, purchase with donated or appropriated
funds, exchange, or transfer.
(b) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements
with other Federal agencies, State and local public bodies, and
private interests and organizations relating to the preservation,
development, use, and interpretation of properties within the
boundaries of the park in order to contribute to the appropriate
use and management of such properties consistent with the purposes
of this subchapter. Such agreements shall provide, whenever
appropriate, that -
(1) the public may have access to any such property at
specified reasonable times for purposes of viewing such property
or the exhibits or attending programs established by the
Secretary under this subsection; and
(2) the Secretary may make such improvements to any such
property as the Secretary deems necessary after consultation with
the Commission to enhance the public use and enjoyment of such
property and programs.
-SOURCE-
(Pub. L. 102-419, title I, Sec. 102, Oct. 16, 1992, 106 Stat.
2142.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410ww-7 of this title.
-End-
-CITE-
16 USC Sec. 410ww-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part A - Dayton Aviation Heritage National Historical Park
-HEAD-
Sec. 410ww-2. Park general management plan
-STATUTE-
(a) In general
Not later than 3 complete fiscal years after October 16, 1992,
the Secretary, with the advice of the Commission, shall prepare and
submit to the Congress a general management plan for the park which
includes but is not limited to the information described in section
1a-7(b) of this title, and which takes into account the
preservation and development plan developed under section 410ww-22
of this title.
(b) Park partnerships
The management plan shall identify partnership opportunities
between the Secretary and other Federal, State, and local
governments and the private sector for the development, use, and
interpretation of properties within the park.
-SOURCE-
(Pub. L. 102-419, title I, Sec. 103, Oct. 16, 1992, 106 Stat.
2142.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410ww-3 of this title.
-End-
-CITE-
16 USC Sec. 410ww-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part A - Dayton Aviation Heritage National Historical Park
-HEAD-
Sec. 410ww-3. Studies
-STATUTE-
The Secretary shall study the following properties to determine
the feasibility and suitability of including them within the park:
(1) Properties within the Wright-Dunbar Historic District.
(2) Wright Company Factory, Dayton, Ohio. A report of the study
of such properties shall be submitted as part of the general
management plan required by section 410ww-2 of this title.
-SOURCE-
(Pub. L. 102-419, title I, Sec. 104, Oct. 16, 1992, 106 Stat.
2142.)
-End-
-CITE-
16 USC Sec. 410ww-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part A - Dayton Aviation Heritage National Historical Park
-HEAD-
Sec. 410ww-4. Administration
-STATUTE-
(a) In general
The park shall be administered in accordance with this subchapter
and with the provisions of law generally applicable to units of the
National Park System, including, but not limited to, sections 1, 2,
3, and 4 of this title.
(b) Donations
The Secretary may accept donations of funds, property, or
services from individuals, foundations, corporations, and other
private entities, and from public entities, for the purposes of
managing the park.
(c) Programs
The Secretary may sponsor, coordinate, or enter into cooperative
agreements for educational or cultural programs related to the park
as the Secretary considers appropriate to carry out the purposes of
this subchapter.
(d) Identification and marking of significant historical sites
The Secretary may identify other significant sites related to the
Wright brothers, the history of aviation, or Paul Laurence Dunbar
in the Miami Valley which are related to the park, and, with the
consent of the owner or owners thereof, may mark the sites
appropriately and make reference to them in any interpretive
literature. The Secretary may provide interpretive markers along
transportation routes leading to units of the park.
(e) Interpretation of Huffman Prairie Flying Field
The Secretary may provide interpretation of Huffman Prairie
Flying Field on Wright Brothers Hill, Wright-Patterson Air Force
Base, Ohio.
-SOURCE-
(Pub. L. 102-419, title I, Sec. 105, Oct. 16, 1992, 106 Stat.
2142.)
-End-
-CITE-
16 USC Sec. 410ww-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part A - Dayton Aviation Heritage National Historical Park
-HEAD-
Sec. 410ww-5. Cooperation of Federal agencies
-STATUTE-
Any Federal entity conducting or supporting activities directly
affecting the park shall -
(1) consult with, cooperate with, and to the maximum extent
practicable, coordinate its activities with the Secretary; and
(2) conduct or support such activities in a manner which -
(A) to the maximum extent practicable is consistent with the
standards and criteria established pursuant to section
410ww-22(b)(9) of this title; and
(B) to the maximum extent practicable will not have an
adverse effect on the historic resources of the park.
-SOURCE-
(Pub. L. 102-419, title I, Sec. 106, Oct. 16, 1992, 106 Stat.
2143.)
-End-
-CITE-
16 USC Sec. 410ww-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part A - Dayton Aviation Heritage National Historical Park
-HEAD-
Sec. 410ww-6. Coordination between Secretary and Secretary of
Defense
-STATUTE-
The decisions concerning the execution of this subchapter as it
applies to properties under control of the Secretary of Defense
shall be made by such Secretary, in consultation with the Secretary
of the Interior.
-SOURCE-
(Pub. L. 102-419, title I, Sec. 107, Oct. 16, 1992, 106 Stat. 2143;
Pub. L. 106-356, Sec. 2(c), Oct. 24, 2000, 114 Stat. 1392.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-356 substituted "Secretary of the Interior"
for "Secretary of Interior".
-End-
-CITE-
16 USC Sec. 410ww-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part A - Dayton Aviation Heritage National Historical Park
-HEAD-
Sec. 410ww-7. Assistance
-STATUTE-
(a) Technical and preservation assistance
The Secretary may provide to any owner of property within the
park, and to any organization having an agreement with the
Secretary under section 410ww-1(b) of this title, such technical
assistance as the Secretary considers appropriate to carry out the
purposes of this subchapter.
(b) Interpretative materials
The Secretary is authorized to publish interpretative materials
for historic aviation resources in the Miami Valley.
-SOURCE-
(Pub. L. 102-419, title I, Sec. 108, Oct. 16, 1992, 106 Stat.
2143.)
-End-
-CITE-
16 USC Sec. 410ww-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part A - Dayton Aviation Heritage National Historical Park
-HEAD-
Sec. 410ww-8. Authorization of appropriations
-STATUTE-
There is authorized to be appropriated such sums as may be
necessary to carry out this part.
-SOURCE-
(Pub. L. 102-419, title I, Sec. 109, Oct. 16, 1992, 106 Stat. 2143;
Pub. L. 106-356, Sec. 2(b), Oct. 24, 2000, 114 Stat. 1391.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-356 struck out ": Provided, That the amount to
be appropriated for the operation, development or restoration of
non-federally owned properties within the boundaries of the park
shall not exceed $200,000" after "this part".
-End-
-CITE-
16 USC Part B - Dayton Aviation Heritage Commission 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part B - Dayton Aviation Heritage Commission
-HEAD-
PART B - DAYTON AVIATION HERITAGE COMMISSION
-End-
-CITE-
16 USC Sec. 410ww-21 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part B - Dayton Aviation Heritage Commission
-HEAD-
Sec. 410ww-21. Dayton Aviation Heritage Commission
-STATUTE-
(a) Establishment
There is established the Dayton Aviation Heritage Commission to
assist Federal, State, and local authorities and the private sector
in preserving and managing the historic resources in the Miami
Valley, Ohio, associated with the Wright brothers, aviation, or
Paul Laurence Dunbar.
(b) Membership
The Commission shall consist of 13 members as follows:
(1) 3 members appointed by the Secretary, who shall have
demonstrated expertise in aviation history, black history and
literature, aviation technology, or historic preservation, at
least one of whom shall represent the National Park Service.
(2) 3 members appointed by the Secretary after consideration of
recommendations submitted by the Governor of the State of Ohio,
who shall have demonstrated expertise in aviation history, black
history and literature, aviation technology, or historic
preservation, at least one of whom shall represent the Ohio
Historical Society.
(3) 1 member appointed by the Secretary of Defense, who shall
represent Wright-Patterson Air Force Base.
(4) 3 members appointed by the Secretary after consideration of
recommendations submitted by the City Commission of Dayton, Ohio,
at least one of whom shall reside near the core parcel of the
park (as described in section 410ww(b)(1) of this title).
(5) 1 member appointed by the Secretary after consideration of
recommendations submitted by the Board of Commissioners of
Montgomery County, Ohio.
(6) 1 member appointed by the Secretary after consideration of
recommendations submitted by the Board of Commissioners of Greene
County, Ohio.
(7) 1 member appointed by the Secretary after consideration of
recommendations submitted by the City Council of Fairborn, Ohio.
(c) Terms
(1) Members shall be appointed for terms of 3 years. A member may
be reappointed only 3 times unless such member was originally
appointed to fill a vacancy pursuant to subsection (e)(1) of this
section, in which case such member may be reappointed 4 times. A
member may serve after the expiration of his term until a successor
is appointed.
(2) The Secretary shall appoint the first members of the
Commission within 30 days after the date on which the Secretary has
received all of the recommendations for appointment pursuant to
subsections (!1) (b)(2), (4), (5), (6), and (7) of this section.
(d) Chair and vice chair
The chair and vice chair of the Commission shall be elected by
the members of the Commission. The terms of the chair and vice
chair shall be 2 years. The vice chair shall serve as chair in the
absence of the chair.
(e) Vacancy
(1) Any vacancy in the Commission shall be filled in the same
manner in which the original appointment was made, except that the
Secretary responsible for such appointment shall fill any such
vacancy within 30 days after receiving a recommendation for the
position.
(2) A member appointed to fill a vacancy shall serve for the
remainder of the term for which his predecessor was appointed. A
member may serve after the expiration of his term until his
successor has taken office.
(f) Quorum
A majority of the members of the Commission then serving shall
constitute a quorum, but a lesser number may hold hearings.
(g) Meetings
The Commission shall meet not less than 3 times a year at the
call of the chair or a majority of its members.
(h) Pay
(1) Except as provided in paragraph (2), members of the
Commission shall serve without pay.
(2) Members of the Commission who are full-time officers or
employees of the United States shall receive no additional pay by
reason of their service on the Commission.
(3) While away from their homes or regular places of business in
the performance of services for the Commission, members of the
Commission shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5.
(i) FACA
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Commission.
(j) Termination
The Commission shall cease to exist on January 1, 2004.
-SOURCE-
(Pub. L. 102-419, title II, Sec. 201, Oct. 16, 1992, 106 Stat.
2144; Pub. L. 104-333, div. I, title VIII, Sec. 811, Nov. 12, 1996,
110 Stat. 4189.)
-REFTEXT-
REFERENCES IN TEXT
Section 14(b) of the Federal Advisory Committee Act, referred to
in subsec. (i), is section 14(b) of Pub. L. 92-463, which is set
out in the Appendix to Title 5, Government Organization and
Employees.
-MISC1-
AMENDMENTS
1996 - Subsec. (b)(2), (4) to (7). Pub. L. 104-333 substituted
"after consideration of recommendations" for "from recommendations"
wherever appearing.
-FOOTNOTE-
(!1) So in original. Probably should be "subsection".
-End-
-CITE-
16 USC Sec. 410ww-22 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part B - Dayton Aviation Heritage Commission
-HEAD-
Sec. 410ww-22. Dayton historic resources preservation and
development plan
-STATUTE-
(a) In general
Within 2 years after the date on which the Commission conducts
its first meeting, the Commission shall submit to the Secretary a
preservation and development plan which may include the
Wright-Dunbar Historic District, the Dunbar Historic District, the
Ed Sines House and the Daniel Fitch House, and the 45 sites
identified in Appendix A of the document entitled "Study of
Alternatives Dayton's Aviation Heritage, Ohio" published by the
National Park Service. Within 90 days after the receipt of such
plan, the Secretary shall approve such plan or return it with
comments to the Commission. If the Secretary has taken no action
after 90 days upon receipt, the plan shall be considered approved.
If the Secretary disapproves a plan, the Commission shall submit a
revised plan to the Secretary. The plan shall include specific
preservation and interpretation goals and a priority timetable for
their achievement. The Secretary shall forward copies of the
approved plan to the Congress.
(b) Contents of plan
The plan referred to in subsection (a) of this section shall -
(1) set detailed goals for the preservation, protection,
enhancement, and utilization of the resources of sites referred
to in subsection (a) of this section;
(2) identify properties which should be preserved, restored,
developed, maintained, or acquired;
(3) include a tentative budget for the subsequent five fiscal
years;
(4) propose a management strategy for a permanent
organizational structure to enhance and coordinate such
resources, and aviation-related properties, and institutions;
(5) recommend methods for establishing partnerships with
Federal, State, and local governments and the private sector to
foster development and to preserve and enhance such resources;
(6) propose transportation links, including pedestrian
facilities and bicycle trails among historic aviation sites
including an interurban between the Wright-Dunbar Historic
District and the historic resources at Wright-Patterson Air Force
Base;
(7) address the use of private vehicles, traffic patterns,
parking, and public transportation;
(8) propose educational and cultural programs to encourage
appreciation of such resources;
(9) establish standards and criteria applicable to the
construction, preservation, restoration, alteration, and use of
the properties among such resources;
(10) establish an index which shall contain documentary
evidence of historical and cultural significance and which
includes property in the Miami Valley associated with the Wright
brothers, the history of aviation, or Paul Laurence Dunbar.
(c) Consultation
In developing the plan, the Commission shall consult with
appropriate officials of any local government or Federal or State
agency which has jurisdiction over historic aviation resources in
the Miami Valley area. The Commission shall also consult with
property owners and business, historic, professional, neighborhood,
and citizen organizations affected by the actions proposed in the
plan.
-SOURCE-
(Pub. L. 102-419, title II, Sec. 202, Oct. 16, 1992, 106 Stat.
2145.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410ww-2, 410ww-5,
410ww-23 of this title.
-End-
-CITE-
16 USC Sec. 410ww-23 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part B - Dayton Aviation Heritage Commission
-HEAD-
Sec. 410ww-23. General powers of Commission
-STATUTE-
(a) Hearings
The Commission may hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission may deem advisable.
(b) Donations
Notwithstanding any other provision of law, the Commission may
seek and accept donations of funds, property, or service from
individuals, foundations, corporations, and other private entities
and public entities for the purpose of carrying out its duties.
(c) Use of funds to obtain money
The Commission may use its funds to obtain money from any source
under any program or law requiring the recipient of such money to
make a contribution in order to receive such money.
(d) Mail
The Commission may use the United States mails in the same manner
and upon the same conditions as other departments and agencies of
the United States.
(e) Uses of acquired assets
Any revenues or other assets acquired by the Commission by
donations, the lease or sale of property, or fees for services
shall be available to the Commission, without fiscal year
limitations, to be used for any function of the Commission.
(f) Historical and cultural programs
The Commission is authorized to carry out historical,
educational, or cultural programs which encourage or enhance
appreciation of the historic resources in the Miami Valley
associated with the Wright brothers, aviation, or the life and
works of Paul Laurence Dunbar.
(g) Technical and preservation assistance
The Commission may provide technical and preservation assistance
to owners of property within the districts, sites, and properties
referred to in section 410ww-22(a) of this title consistent with
the purposes of this subchapter.
(h) Obtaining property
(1) The Commission may obtain by purchase, rental, donation, or
otherwise, such property, facilities, and services as may be needed
to carry out its duties except that the Commission may not acquire
any real property or interest in real property otherwise than under
paragraph (2).
(2) Subject to paragraph (3), the Commission may acquire real
property, or interests in real property, in the districts, sites,
and properties referred to in section 410ww-22(a) of this title -
(A) by gift or devise; or
(B) by purchase from a willing seller with money which was
given or bequeathed to the Commission on the condition that such
money would be used to purchase real property, or interests in
real property, in such district and sites.
(3) Any real property or interest in real property acquired by
the Commission under paragraph (2) shall be conveyed by the
Commission to an appropriate public agency, as determined by the
Commission. Any such conveyance shall be made -
(A) as soon as practicable after such acquisition;
(B) without consideration; and
(C) on the condition that the real property or interest in real
property so conveyed is used for public purposes.
-SOURCE-
(Pub. L. 102-419, title II, Sec. 203, Oct. 16, 1992, 106 Stat.
2146.)
-End-
-CITE-
16 USC Sec. 410ww-24 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part B - Dayton Aviation Heritage Commission
-HEAD-
Sec. 410ww-24. Staff of Commission
-STATUTE-
(a) Director
The Commission shall have a Director who shall be appointed by
the Commission.
(b) Additional personnel
The Commission may appoint and fix the pay of such additional
personnel as the Commission deems necessary. Such staff may include
specialists in areas such as interpretation, historic preservation,
black history and literature, aviation history and technology, and
urban revitalization.
(c) Temporary services
Subject to such rules as may be adopted by the Commission, the
Commission may procure temporary and intermittent services to the
same extent as is authorized by section 3109(b) of title 5, but at
rates determined by the Commission to be reasonable.
(d) Detail
Upon request of the Commission, the head of any Federal agency
represented by a member on the Commission may detail, on a
reimbursable basis, any of the personnel of such agency to the
Commission to assist it in carrying out its duties under this
subchapter.
(e) Administrative support
The Administrator of the General Services Administration shall
provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
(f) State and local services
The Commission may accept the services of personnel detailed from
the State or any political subdivision of the State and may
reimburse the State or such political subdivision for such
services.
(g) Inapplicability of certain provisions of title 5
The director and staff of the Commission may be appointed without
regard to the provisions of title 5 governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay rates,
except that no individual so appointed may receive pay in excess of
the annual rate of basic pay payable for grade GS-15 of the General
Schedule.
-SOURCE-
(Pub. L. 102-419, title II, Sec. 204, Oct. 16, 1992, 106 Stat.
2147.)
-REFTEXT-
REFERENCES IN TEXT
The provisions of title 5 governing appointments in the
competitive service, referred to in subsec. (g), are classified
generally to section 3301 et seq. of Title 5, Government
Organization and Employees.
Grade GS-15 of the General Schedule, referred to in subsec. (g),
is set out under section 5332 of Title 5.
-End-
-CITE-
16 USC Sec. 410ww-25 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09U - DAYTON AVIATION HERITAGE NATIONAL HISTORICAL
PARK
Part B - Dayton Aviation Heritage Commission
-HEAD-
Sec. 410ww-25. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated annually to the
Commission to carry out its duties under this subchapter $350,000,
except that the Federal contribution to the Commission shall not
exceed 50 percent of the annual costs to the Commission in carrying
out those duties.
-SOURCE-
(Pub. L. 102-419, title II, Sec. 205, Oct. 16, 1992, 106 Stat.
2148.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-V - DRY TORTUGAS NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09V - DRY TORTUGAS NATIONAL PARK
-HEAD-
SUBCHAPTER LIX-V - DRY TORTUGAS NATIONAL PARK
-End-
-CITE-
16 USC Sec. 410xx 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09V - DRY TORTUGAS NATIONAL PARK
-HEAD-
Sec. 410xx. Establishment
-STATUTE-
(a) In general
In order to preserve and protect for the education, inspiration,
and enjoyment of present and future generations nationally
significant natural, historic, scenic, marine, and scientific
values in South Florida, there is hereby established the Dry
Tortugas National Park (hereinafter in this subchapter referred to
as the "park").
(b) Area included
The park shall consist of the lands, waters, and interests
therein generally depicted on the map entitled "Boundary Map, Fort
Jefferson National Monument", numbered 364-90,001, and dated April
1980 (which is the map referenced by section 201 of Public Law
96-287). The map shall be on file and available for public
inspection in the offices of the National Park Service, Department
of the Interior.
(c) Abolition of monument
The Fort Jefferson National Monument is hereby abolished.
-SOURCE-
(Pub. L. 102-525, title II, Sec. 201, Oct. 26, 1992, 106 Stat.
3439.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a), was in the original
"this title", meaning title II of Pub. L. 102-525, Oct. 26, 1992,
106 Stat. 3439, which enacted this subchapter and amended
provisions listed in a National Monuments Established Under
Presidential Proclamation table set out under section 431 of this
title. For complete classification of title II to the Code, see
Tables.
Section 201 of Public Law 96-287, referred to in subsec. (b),
appears in a table under the heading "National Monuments
Established Under Presidential Proclamation", set out as a note
under section 431 of this title.
-End-
-CITE-
16 USC Sec. 410xx-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09V - DRY TORTUGAS NATIONAL PARK
-HEAD-
Sec. 410xx-1. 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.
(b) Management purposes
The park shall be managed for the following purposes, among
others:
(1) To protect and interpret a pristine subtropical marine
ecosystem, including an intact coral reef community.
(2) To protect populations of fish and wildlife, including (but
not limited to) loggerhead and green sea turtles, sooty terns,
frigate birds, and numerous migratory bird species.
(3) To protect the pristine natural environment of the Dry
Tortugas group of islands.
(4) To protect, stabilize, restore, and interpret Fort
Jefferson, an outstanding example of nineteenth century masonry
fortification.
(5) To preserve and protect submerged cultural resources.
(6) In a manner consistent with paragraphs (1) through (5), to
provide opportunities for scientific research.
-SOURCE-
(Pub. L. 102-525, title II, Sec. 202, Oct. 26, 1992, 106 Stat.
3440.)
-End-
-CITE-
16 USC Sec. 410xx-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09V - DRY TORTUGAS NATIONAL PARK
-HEAD-
Sec. 410xx-2. Land acquisition and transfer of property
-STATUTE-
(a) In general
Within the boundaries of the park the Secretary may acquire lands
and interests in land by donation or exchange. For the purposes of
acquiring property by exchange with the State of Florida, the
Secretary may, notwithstanding any other provision of law, exchange
those Federal lands which were deleted from the park by the
boundary modifications enacted by section 201 of the Act of June
28, 1980 (Public Law 96-287), and which are directly adjacent to
lands owned by the State of Florida outside of the park, for lands
owned by the State of Florida within the park boundary.
(b) United States Coast Guard lands
When all or any substantial portion of lands under the
administration of the United States Coast Guard located within the
park boundaries, including Loggerhead Key, have been determined by
the United States Coast Guard to be excess to its needs, such lands
shall be transferred directly to the jurisdiction of the Secretary
for the purposes of this subchapter. The United States Coast Guard
may reserve the right in such transfer to maintain and utilize the
existing lighthouse on Loggerhead Key in a manner consistent with
the purposes of the United States Coast Guard and the purposes of
this subchapter.
(c) Administrative site
The Secretary is authorized to lease or to acquire, by purchase,
donation, or exchange, and to operate incidental administrative and
support facilities in Key West, Florida, for park administration
and to further the purposes of this subchapter.
-SOURCE-
(Pub. L. 102-525, title II, Sec. 203, Oct. 26, 1992, 106 Stat.
3440.)
-REFTEXT-
REFERENCES IN TEXT
Section 201 of the Act of June 28, 1980 (Public Law 96-287),
referred to in subsec. (a), appears in a table under the heading
"National Monuments Established Under Presidential Proclamation",
set out as a note under section 431 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-
-CITE-
16 USC Sec. 410xx-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09V - DRY TORTUGAS NATIONAL PARK
-HEAD-
Sec. 410xx-3. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this subchapter. Any
funds available for the purposes of the monument shall be available
for the purposes of the park, and authorizations of funds for the
monument shall be available for the park.
-SOURCE-
(Pub. L. 102-525, title II, Sec. 204, Oct. 26, 1992, 106 Stat.
3441.)
-End-
-CITE-
16 USC SUBCHAPTER LIX-W - KEWEENAW NATIONAL HISTORICAL
PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER LIX-W - KEWEENAW NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 410yy 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410yy. Findings and purposes
-STATUTE-
(a) Findings
The Congress finds that -
(1) The oldest and largest lava flow known on Earth is located
on the Keweenaw Peninsula of Michigan. This volcanic activity
produced the only place on Earth where large scale economically
recoverable 97 percent pure native copper is found.
(2) The Keweenaw Peninsula is the only site in the country
where prehistoric, aboriginal mining of copper occurred.
Artifacts made from this copper by these ancient Indians were
traded as far south as present day Alabama.
(3) Copper mining on the Keweenaw Peninsula pioneered deep
shaft, hard rock mining, milling, and smelting techniques and
advancements in related mining technologies later used throughout
the world.
(4) Michigan Technological University, located in the copper
district, was established in 1885 to supply the great demand for
new technologies and trained engineers requested by the area's
mining operations. Michigan Technological University possesses a
wealth of both written and photographic historic documentation of
the mining era in its archives.
(5) Michigan's copper country became a principal magnet to
European immigrants during the mid-1800's and the cultural
heritage of these varied nationalities is still preserved in this
remarkable ethnic conglomerate.
(6) The corporate-sponsored community planning in Calumet,
Michigan, as evidenced in the architecture, municipal design,
surnames, foods, and traditions, and the large scale corporate
paternalism was unprecedented in American industry and continues
to express the heritage of the district.
(7) The entire picture of copper mining on Michigan's Keweenaw
Peninsula is best represented by three components: the Village of
Calumet, the former Calumet and Hecla Mining Company properties
(including the Osceola #13 mine complex), and the former Quincy
Mining Company properties. The Village of Calumet best represents
the social, ethnic, and commercial themes. Extant Calumet and
Hecla buildings best depict corporate paternalism and power, and
the themes of extraction and processing are best represented by
extant structures of the Quincy Mining Company.
(8) The Secretary of the Interior has designated two National
Historic Landmark Districts in the proposed park area, the
Calumet National Historic Landmark District and the Quincy Mining
Company National Historic Landmark District.
(b) Purposes
The purposes of this subchapter are -
(1) to preserve the nationally significant historical and
cultural sites, structures, and districts of a portion of the
Keweenaw Peninsula in the State of Michigan for the education,
benefit, and inspiration of present and future generations; and
(2) to interpret the historic synergism between the geological,
aboriginal, sociological, cultural technological, and corporate
forces that relate the story of copper on the Keweenaw Peninsula.
-SOURCE-
(Pub. L. 102-543, Sec. 1, Oct. 27, 1992, 106 Stat. 3569.)
-End-
-CITE-
16 USC Sec. 410yy-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410yy-1. Definitions
-STATUTE-
As used in this subchapter, the term -
(1) "Commission" means the Keweenaw Historic Preservation
Advisory Commission established by section 410yy-8 of this title.
(2) "park" means the Keweenaw National Historical Park
established by section 410yy-2(a)(1) of this title.
(3) "Secretary" means the Secretary of the Interior.
-SOURCE-
(Pub. L. 102-543, Sec. 2, Oct. 27, 1992, 106 Stat. 3570.)
-End-
-CITE-
16 USC Sec. 410yy-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410yy-2. Establishment
-STATUTE-
(a) In general; administration
(1) There is hereby established as a unit of the National Park
System the Keweenaw National Historical Park in and near Calumet
and Hancock, Michigan.
(2) The Secretary shall administer the park in accordance with
the provisions of this subchapter, and 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.
(b) Boundaries and map
(1) The boundaries of the park shall be as generally depicted on
the map entitled "Keweenaw National Historical Park, Michigan",
numbered NHP-KP/20012-B and dated June, 1992. Such map shall be on
file and available for public inspection in the office of the
National Park Service, Department of the Interior, Washington,
District of Columbia, and the office of the village council,
Calumet, Michigan.
(2) Within 180 days after October 27, 1992, the Secretary shall
publish in the Federal Register a detailed description and map of
the boundaries established under paragraph (!1) (a)(1) of this
section.
-SOURCE-
(Pub. L. 102-543, Sec. 3, Oct. 27, 1992, 106 Stat. 3570.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410yy-1 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "subsection".
-End-
-CITE-
16 USC Sec. 410yy-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410yy-3. Acquisition of property
-STATUTE-
(a) In general
Subject to subsections (b) and (c) of this section, the Secretary
is authorized to acquire lands, or interests therein, within the
boundaries of the park by donation, purchase with donated or
appropriated funds, exchange, or transfer.
(b) State property
Property owned by the State of Michigan or any political
subdivision of the State may be acquired only by donation.
(c) Consent
No lands or interests therein within the boundaries of the park
may be acquired without the consent of the owner, unless the
Secretary determines that the land is being developed, or is
proposed to be developed in a manner which is detrimental to the
natural, scenic, historic, and other values for which the park is
established.
(d) Hazardous substances
The Secretary shall not acquire any lands pursuant to this
subchapter if the Secretary determines that such lands, or any
portion thereof, have become contaminated with hazardous substances
(as defined in the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. 9601)).
-SOURCE-
(Pub. L. 102-543, Sec. 4, Oct. 27, 1992, 106 Stat. 3570.)
-REFTEXT-
REFERENCES IN TEXT
The Comprehensive Environmental Response, Compensation and
Liability Act, referred to in subsec. (d), probably means the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as
amended, which is classified principally to chapter 103 (Sec. 9601
et seq.) of Title 42, The Public Health and Welfare. The definition
of "hazardous substance" is contained in section 9601(14) of Title
42. For complete classification of this Act to the Code, see Short
Title note set out under section 9601 of Title 42 and Tables.
-End-
-CITE-
16 USC Sec. 410yy-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410yy-4. Cooperation by Federal agencies
-STATUTE-
(a) (!1) Any Federal entity conducting or supporting activities
directly affecting the park shall -
(1) consult, cooperate, and, to the maximum extent practicable,
coordinate its activities with the Secretary and the Commission;
(2) conduct or support such activities in a manner that -
(A) to the maximum extent practicable, is consistent with the
standards and criteria established pursuant to the general
management plan developed pursuant to section 410yy-5 of this
title; and
(B) will not have an adverse effect on the resources of the
park; and
(3) provide for full public participation in order to consider
the views of all interested parties.
-SOURCE-
(Pub. L. 102-543, Sec. 5, Oct. 27, 1992, 106 Stat. 3571.)
-FOOTNOTE-
(!1) So in original. No subsec. (b) has been enacted.
-End-
-CITE-
16 USC Sec. 410yy-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410yy-5. General management plan
-STATUTE-
Not later than 3 fiscal years after October 27, 1992, the
Secretary shall prepare, in consultation with the Commission, and
submit to Congress a general management plan for the park
containing the information described in section 1a-7(b) of this
title. Such plan shall interpret the technological and social
history of the area, and the industrial complexes of the Calumet
and Hecla, and Quincy Mining Companies, with equal emphasis.
-SOURCE-
(Pub. L. 102-543, Sec. 6, Oct. 27, 1992, 106 Stat. 3571.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410yy-4, 410yy-8 of this
title.
-End-
-CITE-
16 USC Sec. 410yy-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410yy-6. Cooperative agreements
-STATUTE-
The Secretary, after consultation with the Commission, may enter
into cooperative agreements with owners of property within the park
of nationally significant historic or other cultural resources in
order to provide for interpretive exhibits or programs. Such
agreements shall provide, whenever appropriate, that -
(1) the public may have access to such property at specified,
reasonable times for purposes of viewing such property or
exhibits, or attending the programs established by the Secretary
under this subsection; and
(2) the Secretary, with the agreement of the property owner,
may make such minor improvements to such property as the
Secretary deems necessary to enhance the public use and enjoyment
of such property, exhibits, and programs.
-SOURCE-
(Pub. L. 102-543, Sec. 7, Oct. 27, 1992, 106 Stat. 3571.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410yy-8 of this title.
-End-
-CITE-
16 USC Sec. 410yy-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK
-HEAD-
Sec. 410yy-7. Financial and technical assistance
-STATUTE-
(a) In general
The Secretary may provide to any owner of property within the
park containing nationally significant historic or culturalresources, in accordance with cooperative agreements or grant (continued)