SUBCHAPTER LIX–P—PECOS NATIONAL HISTORICAL PARK

§410rr. Purpose

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.

(Pub. L. 101–313, title II, §201, June 27, 1990, 104 Stat. 278.)

Statutory Notes and Related Subsidiaries

Short Title of 1990 Amendment

Pub. L. 101–536, §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'."

§410rr–1. Establishment

(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 100506(c) of title 54.

(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National Monument in the State of New Mexico, and for other purposes" approved June 28, 1965 (79 Stat. 195), is hereby repealed, and any funds available for purposes of the Pecos National Monument shall be available for purposes of the park.

(Pub. L. 101–313, title II, §202, June 27, 1990, 104 Stat. 278.)

Editorial Notes

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 (79 Stat. 195), 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 320301 of Title 54, National Park Service and Related Programs.

Codification

In subsec. (b), "section 100506(c) of title 54" substituted for "section 7(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 and following)" on authority of Pub. L. 113–287, §6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

§410rr–2. Acquisition of lands, waters, and interests in lands and waters

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.

(Pub. L. 101–313, title II, §203, June 27, 1990, 104 Stat. 279.)

Editorial Notes

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 320301 of Title 54, National Park Service and Related Programs. For complete classification of this Act to the Code, see Tables.

§410rr–3. Administration

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 the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4),¹ and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–7).¹

(Pub. L. 101–313, title II, §204, June 27, 1990, 104 Stat. 279.)

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–7), referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

¹ See References in Text note below.

§410rr–4. Management plan

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.

(Pub. L. 101–313, title II, §205, June 27, 1990, 104 Stat. 279; Pub. L. 103–437, §6(d)(12), Nov. 2, 1994, 108 Stat. 4584.)

Editorial Notes

Amendments

1994—Pub. L. 103–437 in introductory provisions substituted "Natural Resources" for "Interior and Insular Affairs" after "Committee on".

§410rr–5. Study of possible inclusion of additional sites and ruins

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.

(Pub. L. 101–313, title II, §206, June 27, 1990, 104 Stat. 279.)

§410rr–6. Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out this subchapter.

(Pub. L. 101–313, title II, §207, June 27, 1990, 104 Stat. 279.)

§410rr–7. Glorieta Unit of Pecos National Historical Park

(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 title II of Public Law 101–313 (104 Stat. 278) [16 U.S.C. 410rr et seq.], 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 title II of Public Law 101–313, and provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4),¹ and the Act of August 21, 1935 (49 U.S.C.² 666; 16 U.S.C. 461–7).¹

(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) 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.

(Pub. L. 101–536, §3, Nov. 8, 1990, 104 Stat. 2368.)

Editorial Notes

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.

Title II of Public Law 101–313, referred to in subsecs. (a) and (b), is title II of Pub. L. 101–313, June 27, 1990, 104 Stat. 278, which is classified generally to this subchapter. For complete classification of title II to the Code, see Tables.

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in subsec. (b), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of August 21, 1935 (49 U.S.C. 666; 16 U.S.C. 461–7), referred to in subsec. (b), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

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.

Statutory Notes and Related Subsidiaries

Findings and Purpose

Pub. L. 101–536, §2, Nov. 8, 1990, 104 Stat. 2368, 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."

¹ See References in Text note below.

² So in original. Probably should be "Stat."