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(continued)
convey such nontrust lands to the United States of America.
-SOURCE-
(Pub. L. 85-910, Sec. 3, Sept. 2, 1958, 72 Stat. 1752.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450oo, 450oo-9 of this
title.
-End-
-CITE-
16 USC Sec. 450oo-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450oo-3. Visitor accommodations and services
-STATUTE-
The Secretary of the Interior, under regulations prescribed by
him, shall grant recognized members of the Minnesota Chippewa Tribe
the preferential privilege to provide those visitor accommodations
and services, including guide services, which he deems are
necessary within the monument.
-SOURCE-
(Pub. L. 85-910, Sec. 4, Sept. 2, 1958, 72 Stat. 1753.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450oo, 450oo-9 of this
title.
-End-
-CITE-
16 USC Sec. 450oo-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450oo-4. Employment preferences
-STATUTE-
The Secretary of the Interior shall, insofar as practicable, give
first preference to employment of recognized members of the
Minnesota Chippewa Tribe in the performance of any construction,
maintenance, or any other service within the monument for which
they are qualified.
-SOURCE-
(Pub. L. 85-910, Sec. 5, Sept. 2, 1958, 72 Stat. 1753.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450oo, 450oo-9 of this
title.
-End-
-CITE-
16 USC Sec. 450oo-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450oo-5. Production and sale of handicraft objects;
noninterference with trade or business outside monument
-STATUTE-
The Secretary of the Interior shall encourage recognized members
of the Minnesota Chippewa Tribe in the production and sale of
handicraft objects within the monument. The administration of the
Grand Portage National Monument shall not in any manner interfere
with the operation or existence of any trade or business of said
tribe outside the boundaries of the national monument.
-SOURCE-
(Pub. L. 85-910, Sec. 6, Sept. 2, 1958, 72 Stat. 1753.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450oo, 450oo-9 of this
title.
-End-
-CITE-
16 USC Sec. 450oo-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450oo-6. Traversing privileges; regulations
-STATUTE-
Recognized members of the Minnesota Chippewa Tribe shall not be
denied the privilege of traversing the area included within the
Grand Portage National Monument for the purposes of logging their
land, fishing, or boating, or as a means of access to their homes,
businesses, or other areas of use and they shall have the right to
traverse such area in pursuit of their traditional rights to hunt
and trap outside the monument: Provided, That, in order to preserve
and interpret the historic features and attractions within the
monument, the Secretary may prescribe reasonable regulations under
which the monument may be traversed.
-SOURCE-
(Pub. L. 85-910, Sec. 7, Sept. 2, 1958, 72 Stat. 1753.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450oo, 450oo-9 of this
title.
-End-
-CITE-
16 USC Sec. 450oo-7 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450oo-7. Docking facilities
-STATUTE-
The Secretary of the Interior, subject to the availability of
appropriated funds, shall construct and maintain docking facilities
at the Northwest Company area for use in connection with the
monument. Such facilities shall be available for use by the
Minnesota Chippewa Tribe and its recognized members, without charge
to them, under regulations to be prescribed by the Secretary.
-SOURCE-
(Pub. L. 85-910, Sec. 8, Sept. 2, 1958, 72 Stat. 1753.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450oo, 450oo-9 of this
title.
-End-
-CITE-
16 USC Sec. 450oo-8 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450oo-8. Advisory assistance for developments upon adjacent
lands
-STATUTE-
To the extent that appropriated funds and personnel are available
therefor, the Secretary of the Interior shall provide consultative
or advisory assistance to the Minnesota Chippewa Tribe and the
Grand Portage Band of Chippewa Indians, Minnesota, in the planning
of facilities or developments upon the lands adjacent to the
monument.
-SOURCE-
(Pub. L. 85-910, Sec. 9, Sept. 2, 1958, 72 Stat. 1753.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450oo, 450oo-9 of this
title.
-End-
-CITE-
16 USC Sec. 450oo-9 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450oo-9. Administration, protection, and development
-STATUTE-
When establishment of the monument has been effected, pursuant to
sections 450oo to 450oo-10 of this title, the Secretary of the
Interior shall administer, protect, and develop the monument in
accordance with the provisions of sections 1, 2, 3, and 4 of this
title, as amended.
-SOURCE-
(Pub. L. 85-910, Sec. 10, Sept. 2, 1958, 72 Stat. 1753.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 450oo of this title.
-End-
-CITE-
16 USC Sec. 450oo-10 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450oo-10. Reversion upon abandonment
-STATUTE-
In the event the Grand Portage National Monument is abandoned at
any time after its establishment, title to the lands relinquished
by the Minnesota Chippewa Tribe and the Grand Portage Band of
Chippewa Indians, Minnesota, pursuant to section 450oo-1 of this
title shall thereupon automatically revert to the Minnesota
Chippewa Tribe and the Grand Portage Band of Chippewa Indians,
Minnesota, their successors or assigns. In such event, the title
will be taken in a fee simple status unless the United States holds
other lands in trust for the Minnesota Chippewa Tribe or the Grand
Portage Band of Chippewa Indians, Minnesota, in which event the
title shall revert to the United States in trust for the Minnesota
Chippewa Tribe or the Grand Portage Band of Chippewa Indians,
Minnesota.
-SOURCE-
(Pub. L. 85-910, Sec. 11, Sept. 2, 1958, 72 Stat. 1753.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450oo, 450oo-9 of this
title.
-End-
-CITE-
16 USC Sec. 450pp 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450pp. Roger Williams National Memorial; acquisition of site
-STATUTE-
The Secretary of the Interior may acquire by gift, purchase with
appropriated or donated funds, transfer from any Federal agency,
exchange, or otherwise, not to exceed five acres of land (together
with any buildings or other improvements thereon) and interests in
land at the site of the old town spring, traditionally called Roger
Williams Spring, in Providence, Rhode Island, for the purpose of
establishing thereon a national memorial to Roger Williams in
commemoration of his outstanding contributions to the development
of the principles of freedom in this country: Provided, That
property owned by the city of Providence or the Providence
Redevelopment Agency may be acquired only with the consent of such
owner.
-SOURCE-
(Pub. L. 89-293, Sec. 1, Oct. 22, 1965, 79 Stat. 1069.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450pp-1, 450pp-3 of this
title.
-End-
-CITE-
16 USC Sec. 450pp-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450pp-1. Establishment; notice of establishment;
administration
-STATUTE-
The property acquired pursuant to section 450pp of this title
shall be established as the Roger Williams National Memorial and
the Secretary of the Interior shall publish notice of such
establishment in the Federal Register. Such national Memorial shall
be administered by the Secretary subject to 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. 89-293, Sec. 2, Oct. 22, 1965, 79 Stat. 1069.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 450pp-3 of this title.
-End-
-CITE-
16 USC Sec. 450pp-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450pp-2. Cooperation with city of Providence and local
historical and preservation societies
-STATUTE-
(a) Maintenance, operation, and development
The Secretary is authorized to cooperate with the city of
Providence, local historical and preservation societies, and
interested persons in the maintenance and operation of the Roger
Williams National Memorial, and he may seek the assistance of and
consult with such city, societies, and persons from time to time
with respect to matters concerning the development and operation of
the memorial.
(b) Acceptance of gifts
The Secretary may accept on behalf of the people of the United
States gifts of historic objects and records pertaining to Roger
Williams for appropriate display or other use in keeping with the
commemoration of the founding of the principles of freedom in the
United States and of the historical events that took place in the
city of Providence in connection therewith.
-SOURCE-
(Pub. L. 89-293, Sec. 3, Oct. 22, 1965, 79 Stat. 1070.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 450pp-3 of this title.
-End-
-CITE-
16 USC Sec. 450pp-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450pp-3. Authorization of appropriations
-STATUTE-
There are hereby authorized to be appropriated not more than
$146,000 for the acquisition of lands and interests in land and not
more than $1,862,000 for the development of the Roger Williams
National Memorial, as provided in sections 450pp to 450pp-3 of this
title.
-SOURCE-
(Pub. L. 89-293, Sec. 4, Oct. 22, 1965, 79 Stat. 1070; Pub. L.
96-607, title I, Sec. 101, Dec. 28, 1980, 94 Stat. 3539.)
-MISC1-
AMENDMENTS
1980 - Pub. L. 96-607 substituted "$146,000 for the acquisition
of lands and interests in land and not more than $1,862,000" for
"$700,000 for the acquisition of lands and interests in land and".
-End-
-CITE-
16 USC Secs. 450qq to 450qq-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Secs. 450qq to 450qq-4. Omitted
-COD-
CODIFICATION
Sections provided for the Biscayne National Monument which was
abolished and its lands, waters, and interests incorporated within
and made part of the Biscayne National Park and funds of and
authorizations of funds for the Monument made available for the
Park pursuant to Pub. L. 96-287, title I, Sec. 103(b), June 28,
1980, 94 Stat. 600, classified to section 410gg-2(b) of this title.
Section 450qq, Pub. L. 90-606, Sec. 1, Oct. 18, 1968, 82 Stat.
1188, authorized establishment of the Monument, made drawings of
the Monument area available for public inspection in the offices of
the National Park Service, authorized revision of boundaries,
prescribed limitation of ninety-six thousand three hundred acres,
and prohibited outward revision of the Monument or obstruction of
prospective seaport channels. See section 410gg of this title.
Section 450qq-1, Pub. L. 90-606, Sec. 2, Oct. 18, 1968, 82 Stat.
1188, provided for acquisition of property, authorized maximum of
eighty acres for a mainland headquarters site and forty acres for a
Key Largo visitor contact site, and authorized exchange of Federal
for non-Federal property, including cash equalization payments. See
section 410gg-1 of this title.
Section 450qq-2, Pub. L. 90-606, Sec. 3, Oct. 18, 1968, 82 Stat.
1189, required the donation and transfer of State lands as
condition for establishment of the Monument and Federal acquisition
of other lands, and authorized land options for the Secretary and
acquisitions to be made after State transfers.
Section 450qq-3, Pub. L. 90-606, Sec. 4, Oct. 18, 1968, 82 Stat.
1189, provided for administration of the Monument and recognition
of fishing rights under Florida law as otherwise regulated by the
Secretary. See section 410gg-2 of this title.
Section 450qq-4, Pub. L. 90-606, Sec. 5, Oct. 18, 1968, 82 Stat.
1189; Pub. L. 93-477, title I, Sec. 101(1), Oct. 26, 1974, 88 Stat.
1445; Pub. L. 95-625, title I, Sec. 101(4), Nov. 10, 1978, 92 Stat.
3470, authorized appropriation of $28,350,000 and $6,565,000 for
land acquisition and development. See section 410gg-5 of this
title.
-End-
-CITE-
16 USC Sec. 450rr 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450rr. R.M.S. Titanic; international maritime memorial;
findings and purposes
-STATUTE-
(a) Findings
The Congress finds that -
(1) the R.M.S. Titanic, the ocean liner which sank on her
maiden voyage after striking an iceberg on April 14, 1912, should
be designated as an international maritime memorial to the men,
women, and children who perished aboard her;
(2) the recent discovery of the R.M.S. Titanic, lying more than
twelve thousand feet beneath the ocean surface, demonstrates the
practical applications of ocean science and engineering;
(3) the R.M.S. Titanic, well preserved in the cold, oxygen-poor
waters of the deep North Atlantic Ocean, is of major national and
international cultural and historical significance, and merits
appropriate international protection; and
(4) the R.M.S. Titanic represents a special opportunity for
deep ocean scientific research and exploration.
(b) Purposes
The Congress declares that the purposes of sections 450rr to
450rr-6 of this title are -
(1) to encourage international efforts to designate the R.M.S.
Titanic as an international maritime memorial to those who lost
their lives aboard her in 1912;
(2) to direct the United States to enter into negotiations with
other interested nations to establish an international agreement
which will provide for the designation of the R.M.S. Titanic as
an international maritime memorial, and protect the scientific,
cultural, and historical significance of the R.M.S. Titanic;
(3) to encourage, in those negotiations or in other fora, the
development and implementation of international guidelines for
conducting research on, exploration of, and if appropriate,
salvage of the R.M.S. Titanic; and
(4) to express the sense of the United States Congress that,
pending such international agreement or guidelines, no person
should physically alter, disturb, or salvage the R.M.S. Titanic
in any research or exploratory activities which are conducted.
-SOURCE-
(Pub. L. 99-513, Sec. 2, Oct. 21, 1986, 100 Stat. 2082.)
-MISC1-
SHORT TITLE
Section 1 of Pub. L. 99-513 provided that: "This Act [enacting
this section and sections 450rr-1 to 450rr-6 of this title] may be
cited as the 'R.M.S. Titanic Maritime Memorial Act of 1986'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450rr-1, 450rr-3,
450rr-4, 450rr-6 of this title.
-End-
-CITE-
16 USC Sec. 450rr-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450rr-1. Definitions
-STATUTE-
For the purposes of sections 450rr to 450rr-6 of this title, the
term -
(a) "Administrator" means the Administrator of the National
Oceanic and Atmospheric Administration (NOAA);
(b) "person" means any individual (whether or not a citizen or
national of the United States), any corporation, partnership,
association, or other entity (whether or not organized or
existing under the laws of any State), and any Federal, State,
local, or foreign government or any entity of any such
government;
(c) "R.M.S. Titanic" means the shipwrecked vessel R.M.S.
Titanic, her cargo or other contents, including those items which
are scattered on the ocean floor in her vicinity; and
(d) "Secretary" means the Secretary of State.
-SOURCE-
(Pub. L. 99-513, Sec. 3, Oct. 21, 1986, 100 Stat. 2082.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450rr, 450rr-3, 450rr-4,
450rr-6 of this title.
-End-
-CITE-
16 USC Sec. 450rr-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450rr-2. Commendation
-STATUTE-
The Congress of the United States highly commends the members of
the joint international expedition which discovered the R.M.S.
Titanic.
-SOURCE-
(Pub. L. 99-513, Sec. 4, Oct. 21, 1986, 100 Stat. 2083.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450rr, 450rr-1, 450rr-3,
450rr-4, 450rr-6 of this title.
-End-
-CITE-
16 USC Sec. 450rr-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450rr-3. International guidelines
-STATUTE-
(a) The Administrator is directed to enter into consultations
with the United Kingdom, France, Canada, and other interested
nations to develop international guidelines for research on,
exploration of, and if appropriate, salvage of the R.M.S. Titanic,
which -
(1) are consistent with its national and international
scientific, cultural, and historical significance and the
purposes of sections 450rr to 450rr-6 of this title; and
(2) promote the safety of individuals involved in such
operations.
(b) In carrying out subsection (a) of this section, the
Administrator shall consult with the Secretary and shall promote
full participation by other interested Federal agencies, academic
and research institutions, and members of the public.
-SOURCE-
(Pub. L. 99-513, Sec. 5, Oct. 21, 1986, 100 Stat. 2083.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450rr, 450rr-1, 450rr-4,
450rr-5, 450rr-6 of this title.
-End-
-CITE-
16 USC Sec. 450rr-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450rr-4. International agreement
-STATUTE-
(a) Negotiations
The Secretary is directed to enter into negotiations with the
United Kingdom, France, Canada, and other interested nations to
develop an international agreement which provides for -
(1) the designation of the R.M.S. Titanic as an international
maritime memorial; and
(2) research on, exploration of, and if appropriate, salvage of
the R.M.S. Titanic consistent with the international guidelines
developed pursuant to section 450rr-3 of this title and the
purposes of sections 450rr to 450rr-6 of this title.
(b) Consultation with Administrator
In carrying out the requirements of subsection (a) of this
section, the Secretary shall consult with the Administrator, who
shall provide research and technical assistance to the Secretary.
(c) Reports to Congressional committees on progress of negotiations
and consultations
The Secretary and the Administrator shall report semiannually to
the Committee on Merchant Marine and Fisheries and the Committee on
Foreign Affairs in the House of Representatives and to the
Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation in the Senate on the progress of the
negotiations and consultations.
(d) Notification of agreement and recommendations to Congressional
committees
Upon adoption of an international agreement as described in
subsection (a) of this section, the Secretary shall provide
notification of the agreement and recommendations for legislation
to implement the agreement to the Committee on Merchant Marine and
Fisheries and the Committee on Foreign Affairs in the House of
Representatives and to the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation in the Senate.
-SOURCE-
(Pub. L. 99-513, Sec. 6, Oct. 21, 1986, 100 Stat. 2083.)
-CHANGE-
CHANGE OF NAME
Committee on Foreign Affairs of House of Representatives treated
as referring to Committee on International Relations 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.
-TRANS-
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and
Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450rr, 450rr-1, 450rr-3,
450rr-5, 450rr-6 of this title.
-End-
-CITE-
16 USC Sec. 450rr-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450rr-5. Sense of Congress regarding conduct of future
activities
-STATUTE-
It is the sense of Congress that research and limited exploration
activities concerning the R.M.S. Titanic should continue for the
purpose of enhancing public knowledge of its scientific, cultural,
and historical significance: Provided, That, pending adoption of
the international agreement described in section 450rr-4(a) of this
title or implementation of the international guidelines described
in section 450rr-3 of this title, no person should conduct any such
research or exploration activity which would physically alter,
disturb, or salvage the R.M.S. Titanic.
-SOURCE-
(Pub. L. 99-513, Sec. 7, Oct. 21, 1986, 100 Stat. 2084.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450rr, 450rr-1, 450rr-3,
450rr-4, 450rr-6 of this title.
-End-
-CITE-
16 USC Sec. 450rr-6 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450rr-6. Disclaimer of extraterritorial sovereignty
-STATUTE-
By enactment of sections 450rr to 450rr-6 of this title, the
United States does not assert sovereignty, or sovereign or
exclusive rights or jurisdiction over, or the ownership of, any
marine areas or the R.M.S. Titanic.
-SOURCE-
(Pub. L. 99-513, Sec. 8, Oct. 21, 1986, 100 Stat. 2084.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450rr, 450rr-1, 450rr-3,
450rr-4 of this title.
-End-
-CITE-
16 USC Sec. 450ss 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450ss. Findings and purposes
-STATUTE-
Congress finds that -
(1) few events in the past quarter-century have rocked
Americans' perception of themselves and their institutions, and
brought together the people of our Nation with greater intensity
than the April 19, 1995, bombing of the Alfred P. Murrah Federal
Building in downtown Oklahoma City;
(2) the resulting deaths of 168 people, some of whom were
children, immediately touched thousands of family members whose
lives will forever bear scars of having those precious to them
taken away so brutally;
(3) suffering with such families are countless survivors,
including children, who struggle not only with the suffering
around them, but their own physical and emotional injuries and
with shaping a life beyond April 19;
(4) such losses and struggles are personal and, since they
resulted from so public an attack, they are also shared with a
community, a Nation, and the world;
(5) the story of the bombing does not stop with the attack
itself or with the many losses it caused. The responses of
Oklahoma's public servants and private citizens, and those from
throughout the Nation, remain as a testament to the sense of
unity, compassion, even heroism, that characterized the rescue
and recovery following the bombing;
(6) during the days immediately following the Oklahoma City
bombing, Americans and people from around the world of all races,
political philosophies, religions and walks of life responded
with unprecedented solidarity and selflessness; and
(7) given the national and international impact and reaction,
the Federal character of the site of the bombing, and the
significant percentage of the victims and survivors who were
Federal employees, the Oklahoma City Memorial will be
established, designed, managed and maintained to educate present
and future generations, through a public/private partnership, to
work together efficiently and respectfully in developing a
National Memorial relating to all aspects of the April 19, 1995,
bombing in Oklahoma City.
-SOURCE-
(Pub. L. 105-58, Sec. 2, Oct. 9, 1997, 111 Stat. 1261.)
-MISC1-
SHORT TITLE
Section 1 of Pub. L. 105-58 provided that: "This Act [enacting
this section and sections 450ss-1 to 450ss-7 of this title] may be
cited as the 'Oklahoma City National Memorial Act of 1997'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450ss-1, 450ss-2,
450ss-3, 450ss-4, 450ss-5, 450ss-7 of this title.
-End-
-CITE-
16 USC Sec. 450ss-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450ss-1. Definitions
-STATUTE-
In sections 450ss to 450ss-7 of this title:
(1) Memorial
The term "Memorial" means the Oklahoma City National Memorial
designated under section 450ss-2(a) of this title.
(2) Secretary
The term "Secretary" means the Secretary of the Interior.
(3) Trust
The term "Trust" means the Oklahoma City National Memorial
Trust designated under section 450ss-3(a) of this title.
-SOURCE-
(Pub. L. 105-58, Sec. 3, Oct. 9, 1997, 111 Stat. 1262.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450ss-2, 450ss-3,
450ss-4, 450ss-5, 450ss-7 of this title.
-End-
-CITE-
16 USC Sec. 450ss-2 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450ss-2. Oklahoma City National Memorial
-STATUTE-
(a) In order to preserve for the benefit and inspiration of the
people of the United States and the world, as a National Memorial
certain lands located in Oklahoma City, Oklahoma, there is
established as a unit of the National Park System the Oklahoma City
National Memorial. The Memorial shall be administered by the Trust
in cooperation with the Secretary and in accordance with the
provisions of sections 450ss to 450ss-7 of this title, sections 1,
2, 3, and 4 of this title, and sections 461 to 467 of this title.
(b) The Memorial area shall be comprised of the lands, facilities
and structures generally depicted on the map entitled "Oklahoma
City National Memorial", numbered OCNM 001, and dated May 1997
(hereafter referred to in sections 450ss to 450ss-7 of this title
as the "map"):
(1) Such map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service and the Trust.
(2) After advising the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives, in writing, the Trust, as established
by section 450ss-3 of this title, in consultation with the
Secretary, may make minor revisions of the boundaries of the
Memorial when necessary by publication of a revised drawing or
other boundary description in the Federal Register.
-SOURCE-
(Pub. L. 105-58, Sec. 4, Oct. 9, 1997, 111 Stat. 1262.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450ss-1, 450ss-3,
450ss-4, 450ss-5, 450ss-7 of this title.
-End-
-CITE-
16 USC Sec. 450ss-3 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450ss-3. Oklahoma City National Memorial Trust
-STATUTE-
(a) Establishment
There is established a wholly owned Government corporation to be
known as the Oklahoma City National Memorial Trust.
(b) Board of Directors
(1) In general
The powers and management of the Trust shall be vested in a
board (!1) of Directors (hereinafter referred to as the "Board")
consisting of the following 9 members:
(A) The Secretary or the Secretary's designee.
(B) Eight individuals, appointed by the President, from a
list of recommendations submitted by the Governor of the State
of Oklahoma; and a list of recommendations submitted by the
Mayor of Oklahoma City, Oklahoma; and a list of recommendations
submitted by the United States Senators from Oklahoma; and a
list of recommendations submitted by United States
Representatives from Oklahoma. The President shall make the
appointments referred to in this subparagraph within 90 days
after October 9, 1997.
(2) Terms
Members of the Board appointed under paragraph (1)(B) shall
each serve for a term of 4 years, except that of the members
first appointed, 2 shall serve for a term of 3 years; and 2 shall
serve a term of 2 years. Any vacancy in the Board shall be filled
in the same manner in which the original appointment was made,
and any member appointed to fill a vacancy shall serve for the
remainder of that term for which his or her predecessor was
appointed. No appointed member may serve more than 8 years in
consecutive terms.
(3) Quorum
Five members of the Board shall constitute a quorum for the
conduct of business by the Board.
(4) Organization and compensation
The Board shall organize itself in such a manner as it deems
most appropriate to effectively carry out the authorized
activities of the Trust. Board members shall serve without pay,
but may be reimbursed for the actual and necessary travel and
subsistence expenses incurred by them in the performance of the
duties of the Trust.
(5) Liability of Directors
Members of the Board of Directors shall not be considered
Federal employees by virtue of their membership on the Board,
except for purposes of the Federal Tort Claims Act and the Ethics
in Government Act, and the provisions of chapter 11 of title 18.
(6) Meetings
The Board shall meet at least three times per year in Oklahoma
City, Oklahoma and at least two of those meetings shall be opened
to the public. Upon a majority vote, the Board may close any
other meetings to the public. The Board shall establish
procedures for providing public information and opportunities for
public comment regarding operations maintenance and management of
the Memorial; as well as, policy, planning and design issues.
(7) Staff
(A) Non-National Park Service staff
The Trust is authorized to appoint and fix the compensation
and duties of an executive director and such other officers and
employees as it deems necessary without regard to the
provisions of title 5 governing appointments in the competitive
service, and may pay them without regard to the provisions of
chapter 51, and subchapter III of chapter 53, title 5 relating
to classification and General Schedule pay rates.
(B) Interim Park Service staff
At the request of the Trust, the Secretary shall provide for
a period not to exceed 2 years, such personnel and technical
expertise, as necessary, to provide assistance in the
implementation of the provisions of sections 450ss to 450ss-7
of this title.
(C) Park Service staff
At the request of the Trust, the Secretary shall provide such
uniformed personnel, on a reimbursable basis, to carry out
day-to-day visitor service programs.
(D) Other Federal employees
At the request of the Trust, the Director of any other
Federal agency may provide such personnel, on a reimbursable
basis, to carry out day-to-day visitor service programs.
(8) Necessary powers
The Trust shall have all necessary and proper powers for the
exercise of the authorities vested in it.
(9) Taxes
The Trust and all properties administered by the Trust shall be
exempt from all taxes and special assessments of every kind by
the State of Oklahoma, and its political subdivisions including
the county of Oklahoma and the city of Oklahoma City.
(10) Government corporation
(A) The Trust shall be treated as a wholly owned Government
corporation subject to chapter 91 of title 31 (commonly referred
to as the Government Corporation Control Act). Financial
statements of the Trust shall be audited annually in accordance
with section 9105 of title 31.
(B) At the end of each calendar year, the Trust shall submit to
the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the House of
Representatives a comprehensive and detailed report of its
operations, activities, and accomplishments for the prior fiscal
year. The report also shall include a section that describes in
general terms the Trust's goals for the current fiscal year.
-SOURCE-
(Pub. L. 105-58, Sec. 5, Oct. 9, 1997, 111 Stat. 1262.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Tort Claims Act, referred to in subsec. (b)(5), is
classified generally to section 1346(b) and chapter 171 (Sec. 2671
et seq.) of Title 28, Judiciary and Judicial Procedure.
The Ethics in Government Act, referred to in subsec. (b)(5),
probably means the Ethics in Government Act of 1978, Pub. L.
95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. For complete
classification of this Act to the Code, see Short Title note set
out under section 101 of Pub. L. 95-521 in the Appendix to Title 5,
Government Organization and Employees, and Tables.
The provisions of title 5 governing appointments in the
competitive service, referred to in subsec. (b)(7)(A), are
classified generally to section 3301 et seq. of Title 5, Government
Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450ss-1, 450ss-2,
450ss-4, 450ss-5, 450ss-7 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be capitalized.
-End-
-CITE-
16 USC Sec. 450ss-4 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450ss-4. Duties and authorities of Trust
-STATUTE-
(a) Overall requirements of Trust
The Trust shall administer the operation, maintenance, management
and interpretation of the Memorial including, but not limited to,
leasing, rehabilitation, repair and improvement of property within
the Memorial under its administrative jurisdiction using the
authorities provided in this section, which shall be exercised in
accordance with -
(1) the provisions of law generally applicable to units of the
National Park Service, including sections 1, 2, 3, and 4 of this
title;
(2) sections 461 to 467 of this title;
(3) the general objectives of the "Memorial Mission Statement",
adopted March 26, 1996, by the Oklahoma City Memorial Foundation;
(4) the "Oklahoma City Memorial Foundation Intergovernmental
Letter of Understanding", dated October 28, 1996; and
(5) the Cooperative Agreement to be entered into between the
Trust and the Secretary pursuant to sections 450ss to 450ss-7 of
this title.
(b) Authorities
(1) The Trust may participate in the development of programs and
activities at the properties designated by the map, and the Trust
shall have the authority to negotiate and enter into such
agreements, leases, contracts and other arrangements with any
person, firm, association, organization, corporation or
governmental entity, including, without limitation, entities of
Federal, State and local governments as are necessary and
appropriate to carry out its authorized activities. Any such
agreements may be entered into without regard to section 1302 of
title 40.
(2) The Trust shall establish procedures for lease agreements and
other agreements for use and occupancy of Memorial facilities,
including a requirement that in entering into such agreements the
Trust shall obtain reasonable competition.
(3) The Trust may not dispose of or convey fee title to any real
property transferred to it under sections 450ss to 450ss-7 of this
title.
(4) Federal laws and regulations governing procurement by Federal
agencies shall not apply to the Trust, with the exception of laws
and regulations related to Federal Government contracts governing
working conditions, and any civil rights provisions otherwise
applicable thereto.
(5) The Trust, in consultation with the Administrator of Federal
Procurement Policy, shall establish and promulgate procedures
applicable to the Trust's procurement of goods and services
including, but not limited to, the award of contracts on the basis
of contractor qualifications, price, commercially reasonable buying
practices, and reasonable competition.
(c) Management program
Within one year after October 9, 1997, the Trust, in consultation
with the Secretary, shall develop a cooperative agreement for
management of those lands, operations and facilities within the
Memorial established by sections 450ss to 450ss-7 of this title. In
furtherance of the general purposes of sections 450ss to 450ss-7 of
this title, the Secretary and the Trust shall enter into a
Cooperative Agreement pursuant to which the Secretary shall provide
technical assistance for the planning, preservation, maintenance,
management, and interpretation of the Memorial. The Secretary also
shall provide such maintenance, interpretation, curatorial
management, and general management as mutually agreed to by the
Secretary and the Trust.
(d) Donations
The Trust may solicit and accept donations of funds, property,
supplies, or services from individuals, foundations, corporations,
and other private or public entities for the purposes of carrying
out its duties.
(e) Proceeds
Notwithstanding section 1341 of title 31, all proceeds received
by the Trust shall be retained by the Trust, and such proceeds
shall be available, without further appropriation, for the
administration, operation, preservation, restoration, operation and
maintenance, improvement, repair and related expenses incurred with
respect to Memorial properties under its administrative
jurisdiction. The Secretary of the Treasury, at the option of the
Trust shall invest excess monies of the Trust in public debt
securities which shall bear interest at rates determined by the
Secretary of the Treasury taking into consideration the current
average market yield on outstanding marketable obligations of the
United States of comparable maturity.
(f) Suits
The Trust may sue and be sued in its own name to the same extent
as the Federal Government. Litigation arising out of the activities
of the Trust shall be conducted by the Attorney General; except
that the Trust may retain private attorneys to provide advice and
counsel. The District Court for the Western District of Oklahoma
shall have exclusive jurisdiction over any suit filed against the
Trust.
(g) Bylaws, rules and regulations
The Trust may adopt, amend, repeal, and enforce bylaws, rules and
regulations governing the manner in which its business may be
conducted and the powers vested in it may be exercised. The Trust
is authorized, in consultation with the Secretary, to adopt and to
enforce those rules and regulations that are applicable to the
operation of the National Park System and that may be necessary and
appropriate to carry out its duties and responsibilities under
sections 450ss to 450ss-7 of this title. The Trust shall give
notice of the adoption of such rules and regulations by publication
in the Federal Register.
(h) Insurance
The Trust shall require that all leaseholders and contractors
procure proper insurance against any loss in connection with
properties under lease or contract, or the authorized activities
granted in such lease or contract, as is reasonable and customary.
-SOURCE-
(Pub. L. 105-58, Sec. 6, Oct. 9, 1997, 111 Stat. 1264.)
-COD-
CODIFICATION
"Section 1302 of title 40" substituted in subsec. (b)(1) for
"section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)" on
authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450ss-1, 450ss-2,
450ss-3, 450ss-5, 450ss-7 of this title.
-End-
-CITE-
16 USC Sec. 450ss-5 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 450ss-5. Limitations on funding
-STATUTE-
Authorization of Appropriations: (!1)
(1) In general
In furtherance of the purposes of sections 450ss to 450ss-7 of
this title, there is hereby authorized the sum of $5,000,000, to
remain available until expended.
(2) Matching requirement
Amounts appropriated in any fiscal year to carry out the
provisions of sections 450ss to 450ss-7 may only be expended on a
matching basis in a ratio of at least one non-Federal dollar to
every Federal dollar. For the purposes of this provision, each
non-Federal dollar donated to the Trust or to the Oklahoma City
Memorial Foundation for the creation, maintenance, or operation
of the Memorial shall satisfy the matching dollar requirement
without regard to the fiscal year in which such donation is made.
-SOURCE-
(Pub. L. 105-58, Sec. 7, Oct. 9, 1997, 111 Stat. 1266.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450ss-1, 450ss-2,
450ss-3, 450ss-4, 450ss-7 of this title.
-FOOTNOTE-
(!1) So in original. "Appropriations" probablyshould not be (continued)