SUBCHAPTER LXI—NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
Cross References
Protection of timber upon national monuments from fire, disease, or insect ravages, see
§431. National monuments; reservation of lands; relinquishment of private claims
The President of the United States is authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. When such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is authorized to accept the relinquishment of such tracts in behalf of the Government of the United States.
(June 8, 1906, ch. 3060, §2,
Short Title
Act June 8, 1906, ch. 3060,
National Monument Commission
Act Aug. 31, 1954, ch. 1160,
Ackia Battleground National Monument, Mississippi [see |
Admiralty Island National Monument, Alaska [Monument established within Tongass National Forest by |
Andrew Johnson National Monument, Tennessee [Monument redesignated Andrew Johnson National Historical Site, see section 450o of this title].—Proc. No. 2554, Apr. 27, 1942, |
Aniakchak National Monument, Alaska [Monument established as unit of National Park System, see |
Arches National Monument, Utah [Monument abolished and funds made available to Arches National Park, see |
Aztec Ruins National Monument, New Mexico.—Proc. No. 1650, Jan. 24, 1923, |
Badlands National Monument, South Dakota [Monument redesignated Badlands National Park, see |
Bandelier National Monument, New Mexico.—Proc. No. 1322, Feb. 11, 1916, |
Becharof National Monument, Alaska.—Proc. No. 4613, Dec. 1, 1978, |
Bering Land Bridge National Monument, Alaska.—Proc. No. 4614, Dec. 1, 1978, |
Big Hole Battlefield National Monument, Montana [Monument redesignated Big Hole National Battlefield, see |
Black Canyon of the Gunnison National Monument, Colorado.—Proc. No. 2033, Mar. 2, 1933, |
Bryce Canyon National Monument, Utah.—Proc. No. 1664, June 8, 1923, |
Buck Island Reef National Monument, Virgin Islands.—Proc. No. 3443, Dec. 28, 1961, |
Cabrillo National Monument, California.—Proc. No. 1255, Oct. 14, 1913, |
Canyon De Chelly National Monument, Arizona [see |
Cape Krusenstern National Monument, Alaska [Monument established as unit of National Park System, see |
Capitol Reef National Monument, Utah [Monument abolished and funds made available to Capitol Reef National Park, see |
Capulin Volcano National Monument, New Mexico [see |
Carlsbad Cave National Monument, New Mexico [Monument redesignated Carlsbad Caverns National Park, see |
Casa Grande National Monument, Arizona.—Proc. No. 1470, Aug. 3, 1918, |
Castillo de San Marcos National Monument, Florida [Monument changed from Fort Marion National Monument by act June 5, 1942, ch. 337, |
Castle Pinckney National Monument, South Carolina.—Proc. No. 1713, Oct. 15, 1924, |
Cedar Breaks National Monument, Utah.—Proc. No. 2054, Aug. 22, 1933, |
Chaco Canyon National Monument, New Mexico [Monument abolished and funds made available to Chaco Culture National Historical Park, see |
Channel Islands National Monument, California [Monument abolished and incorporated in Channel Islands National Park, see |
Chesapeake and Ohio Canal National Monument, Maryland.—Proc. No. 3391, Jan. 18, 1961, |
Chiricahua National Monument, Arizona.—Proc. No. 1692, Apr. 18, 1924, |
Cinder Cone National Monument, California.—Proc. No. 753, May 6, 1907, |
Colonial National Monument, Virginia [Monument redesignated Colonial National Historical Park, see |
Colorado National Monument, Colorado.—Proc. No. 1126, May 24, 1911, |
Craters of the Moon National Monument, Idaho.—Proc. No. 1694, May 2, 1924, |
Death Valley National Monument, California and Nevada [Monument abolished and incorporated in Death Valley National Park, see |
Denali National Monument, Alaska.—Proc. No. 4616, Dec. 1, 1978, |
Devil Postpile National Monument, California.—Proc. No. 1166, July 6, 1911, |
Devils Tower National Monument, Wyoming.—Proc. No. 658, Sept. 24, 1906, |
Dinosaur National Monument, Utah-Colorado.—Proc. No. 1313, Oct. 4, 1915, |
Edison Laboratory National Monument, New Jersey [Monument and Edison Home National Historic Site together with certain adjacent lands redesignated Edison National Historic Site by |
Effigy Mounds National Monument, Iowa.—Proc. No. 2860, Oct. 25, 1949, 64 Stat. |
El Morro National Monument, New Mexico.—Proc. No. 695, Dec. 8, 1906, |
Fort Jefferson National Monument, Florida [Monument abolished and incorporated in Dry Tortugas National Park, see |
Fort Laramie National Monument, Wyoming [Monument redesignated Fort Laramie Historic Site by |
Fort Marion National Monument, Florida [Monument redesignated Castillo de San Marcos National Monument by act June 5, 1942, ch. 337, |
Fort Matanzas National Monument, Florida.—Proc. No. 1713, Oct. 15, 1924, |
Fort Niagara National Monument, New York.—Proc. No. 1745, Sept. 5, 1925, |
Fort Pulaski National Monument, Georgia.—Proc. No. 1713, Oct. 15, 1924, |
Fort Wood National Monument, New York.—Proc. No. 1713, Oct. 15, 1924, |
Fossil Cycad National Monument, South Dakota.—Proc. No. 1641, Oct. 21, 1922, |
Gates of the Arctic National Monument, Alaska.—Proc. No. 4617, Dec. 1, 1978, |
Gila Cliff-Dwellings National Monument, New Mexico.—Proc. No. 781, Nov. 16, 1907, |
Glacier Bay National Monument, Alaska [Monument redesignated Glacier Bay National Park, see |
Grand Canyon National Monument, Arizona.—Proc. No. 794, Jan. 11, 1908, |
Gran Quivira National Monument, New Mexico [Monument abolished and funds made available to Salinas National Monument by |
Great Sand Dunes National Monument, Colorado.—Proc. No. 1994, Mar. 17, 1932, |
Holy Cross National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 530, |
Hovenweep National Monument, Colorado-Utah.—Proc. No. 1654, Mar. 2, 1923, |
Jackson Hole National Monument, Wyoming [Monument abolished and incorporated in Grand Teton National Park, see |
Jewel Cave National Monument, South Dakota.—Proc. No. 799, Feb. 7, 1908, |
Joshua Tree National Monument, California [see |
Katmai National Monument, Alaska [Monument redesignated Katmi National Park, see |
Kenai Fjords National Monument, Alaska.—Proc. No. 4620, Dec. 1, 1978, |
Kobuk Valley National Monument, Alaska.—Proc. No. 4621, Dec. 1, 1978, |
Lake Clark National Monument, Alaska.—Proc. No. 4622, Dec. 1, 1978, |
Lassen Peak National Monument, California.—Proc. No. 754, May 6, 1907, |
Lava Beds National Monument, California.—Proc. No. 1755, Nov. 21, 1925, |
Lehman Caves National Monument, Nevada [Monument abolished and lands incorporated in, and funds made available for, Great Basin National Park, see |
Lewis and Clark Cavern National Monument, Montana.—Proc. No. 807, May 11, 1908, |
Marble Canyon National Monument, Arizona.—Proc. No. 3889, Jan. 20, 1969, |
Meriwether Lewis National Monument, Tennessee [Monument included in Natchez Trace Parkway, see |
Misty Fjords National Monument, Alaska [Monument established within Tongass National Forest by |
Montezuma Castle National Monument, Arizona.—Proc. No. 696, Sept. 8, 1906, |
Mound City Group National Monument, Ohio [Monument redesignated Hopewell Culture National Historic Park, see |
Mount Olympus National Monument, Washington [Monument abolished and lands incorporated in Mount Olympus National Park, see |
Muir Woods National Monument, California.—Proc. No. 793, Jan. 9, 1908, |
Mukuntuweap National Monument, Utah [Monument redesignated Zion National Monument by Proc. No. 1435, Mar. 18, 1918, |
Natural Bridges National Monument, Utah.—Proc. No. 804, Apr. 16, 1908, |
Navajo National Monument, Arizona.—Proc. No. 873, May 20, 1909, |
Noatak National Monument, Alaska.—Proc. No. 4624, Dec. 1, 1978, |
Ocmulgee National Monument, Georgia [see |
Old Kasaan National Monument, Alaska [Monument abolished and incorporated in Tongass National Forest by act July 26, 1955, ch. 387, |
Oregon Caves National Monument, Oregon.—Proc. No. 876, July 12, 1909, |
Organ Pipe Cactus National Monument, Arizona.—Proc. No. 2232, Apr. 13, 1937, |
Papago Saguaro National Monument, Arizona.—Proc. No. 1262, Jan. 31, 1914, |
Perry's Victory and International Peace Memorial National Monument, Ohio.—Proc. No. 2182, July 6, 1936, |
Petrified Forest National Monument [Monument disestablished on establishment of Petrified Forest National Park, see |
Pinnacles National Monument, California.—Proc. No. 796, Jan. 16, 1908, |
Pipe Spring National Monument, Arizona.—Proc. No. 1663, May 31, 1923, |
Port Chicago National Memorial, California.— |
Rainbow Bridge National Monument, Utah.—Proc. No. 1043, May 30, 1910, |
Russell Cave National Monument, Alabama.—Proc. No. 3413, May 11, 1961, |
Saguaro National Monument, Arizona [Monument abolished and incorporated in Saguaro National Park, see |
Santa Rosa Island National Monument, Florida.—Proc. No. 2337, May 17, 1939, |
Scotts Bluff National Monument, Nebraska.—Proc. No. 1547, Dec. 12, 1919, |
Shoshone Cavern National Monument, Wyoming [Monument abolished by act May 17, 1954, ch. 203, |
Sieur de Monts National Monument, Maine.—Proc. No. 1339, July 8, 1916, |
Sitka National Monument, Alaska [Monument redesignated Sitka National Historical Park by |
Statue of Liberty National Monument.—Proc. No. 1713, Oct. 15, 1924, |
Sunset Crater Volcano National Monument, Arizona [Monument changed from Sunset Crater National Monument by |
Timpanogos Cave National Monument, Utah.—Proc. No. 1640, Oct. 14, 1922, |
Tonto National Monument, Arizona.—Proc. No. 787, Dec. 19, 1907, |
Tumacacori National Monument, Arizona [Monument abolished and lands incorporated in, and funds made available for, Tumacacori National Historical Park, see |
Tuzigoot National Monument, Arizona.—Proc. No. 2344, July 25, 1939, |
Verendrye National Monument, North Dakota.—Proc. No. 1380, June 29, 1917, |
Walnut Canyon National Monument, Arizona.—Proc. No. 1318, Nov. 30, 1915, |
Wheeler National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 534, |
White Sands National Monument, New Mexico.—Proc. No. 2025, Jan. 18, 1933, |
Wrangell-St. Elias National Monument, Alaska.—Proc. No. 4625, Dec. 1, 1978, |
Wupatki National Monument, Arizona.—Proc. No. 1721, Dec. 9, 1924, |
Yucca House National Monument, Colorado.—Proc. No. 1549, Dec. 19, 1919, |
Yukon-Charley National Monument, Alaska.—Proc. No. 4626, Dec. 1, 1978, |
Yukon Flats National Monument, Alaska.—Proc. No. 4627, Dec. 1, 1978, |
Zion National Monument, Utah [Monument combined with Zion National Park into a single National park unit, see |
Arkansas Post National Memorial, Arkansas.— |
Astronauts Memorial, John F. Kennedy Space Center, Florida.—Recognized as national memorial to astronauts who die in line of duty by |
Benjamin Franklin National Memorial, Pennsylvania.—Designation of Benjamin Franklin Memorial Hall as National Memorial by |
Chamizal National Memorial, Texas.— |
Coronado National Memorial, Arizona.—Acts Aug. 18, 1941, ch. 365, §1, |
Custis-Lee Mansion National Memorial, Virginia.—Act Mar. 4, 1925, ch. 562, |
David Berger Memorial, Ohio.— |
Disabled American Veterans Vietnam Veterans National Memorial, New Mexico.—Recognized as a memorial of national significance by |
Father Marquette National Memorial, Michigan.— |
Federal Hall National Memorial, New York.—Designated May 26, 1939. Designation changed from Federal Hall Memorial Historic Site by act Aug. 11, 1955, ch. 779, |
Fort Caroline National Memorial, Florida.—Act Sept. 21, 1950, ch. 973, |
Franklin Delano Roosevelt National Memorial, District of Columbia.— |
Hamilton Grange National Memorial, New York.— |
House Where Lincoln Died National Memorial, District of Columbia.—Act June 11, 1896, ch. 420, |
Johnstown Flood National Memorial, Pennsylvania.— |
Lincoln Boyhood National Memorial, Indiana.— |
Lincoln Museum National Memorial, District of Columbia.—Act Apr. 7, 1866, ch. 28, §1, |
Lincoln National Memorial, District of Columbia.—Act Feb. 9, 1911, ch. 42, |
Mount Rushmore National Memorial, South Dakota.—Act Feb. 25, 1929, ch. 315, |
National Fallen Firefighters' Memorial, Maryland.— |
Patrick Henry National Memorial, Virginia.— |
Seabees of the United States Navy Memorial.— |
Signers of the Declaration of Independence Memorial, District of Columbia.— |
Thomas Jefferson National Memorial, District of Columbia.—Act June 26, 1934, ch. 763, |
United States Marine Corps Memorial, Virginia.—Act July 1, 1947, ch. 196, |
United States Navy Memorial, District of Columbia.— |
U.S.S. Indianapolis Memorial, Indiana.— |
Vietnam Veterans Memorial, District of Columbia.— |
Washington Monument National Memorial, District of Columbia.—Act Aug. 2, 1876, ch. 250, §1, |
Wright Brothers National Memorial, North Carolina.—Kill Devil Hill National Monument authorized by act Mar. 2, 1927, ch. 251, |
Albert Einstein Memorial
Conveyance of property to National Academy of Sciences for erection and maintenance of a Memorial to Albert Einstein on south side of Square Numbered 88 between 21st Street, 22d Street, and Constitution Avenue, District of Columbia, with reverter of title when no longer used for memorial purposes or public access is restricted, was authorized by
Study To Add Alaska and Hawaii to Lincoln National Memorial
Cross Reference
National Capital memorials and commemorative works, see
Section Referred to in Other Sections
This section is referred to in
§431a. Limitation on further extension or establishment of national monuments in Wyoming
No further extension or establishment of national monuments in Wyoming may be undertaken except by express authorization of Congress.
(Sept. 14, 1950, ch. 950, §1,
Codification
Section comprises only part of the last sentence of section 1 of act Sept. 14, 1950. The remainder of such section, except that part of the last sentence which repealed
Repeal of Inconsistent Laws
Repeal of laws inconsistent with act Sept. 14, 1950, see note set out under
Cross References
National parks in Wyoming, limitation on further extension or establishment, see
Section Referred to in Other Sections
This section is referred to in
§432. Permits to examine ruins, excavations, and gathering of objects; regulations
Permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and Army to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as they may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums. The Secretaries of the departments aforesaid shall make and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this section and
(June 8, 1906, ch. 3060, §§3, 4,
Codification
The last sentence only of this section was derived from section 4 of act June 8, 1906, the remainder being from section 3.
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II,
Transfer of Functions
Enforcement functions of Secretary or other official in Department of the Interior related to compliance with permits issued under
Secretary of the Air Force
For transfer of certain functions relating to real property under jurisdiction of Department of the Air Force, to Secretary of the Air Force from Secretary of the Army, see Secretary of Defense Transfer Order No. 14 [§2(25)], eff. July 1, 1948.
Section Referred to in Other Sections
This section is referred to in
§433. American antiquities
Any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than $500 or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court.
(June 8, 1906, ch. 3060, §1,
Transfer of Functions
Enforcement functions of Secretary or other official in Department of the Interior related to compliance with permits issued under
Section Referred to in Other Sections
This section is referred to in
§433a. Perry's Victory and International Peace Memorial; establishment
The President of the United States is authorized to establish by proclamation the following-described Government lands, together with the Perry's Victory Memorial proper, its approaches, retaining walls, and all buildings, structures, and other property thereon, situated in Put-in-Bay Township, South Bass Island, Ottawa County, Lake Erie, State of Ohio, as the "Perry's Victory and International Peace Memorial", for the preservation of the historical associations connected therewith, to inculcate the lessons of international peace by arbitration and disarmament, and for the benefit and enjoyment of the people: Commencing at the intersection of the middle line of Delaware Avenue and Chapman Avenue, in the village of Put-in-Bay, and running thence south eighty-eight degrees fifty-nine minutes east in the middle line of said Delaware Avenue, and the same extended four hundred and ninety-five feet to Lake Erie; thence north forty-nine degrees fifty-nine minutes east along said lake shore three hundred and forty-six feet; thence north forty-three degrees fourteen minutes east along said lake shore two hundred and twelve feet; thence north fifty-three degrees thirteen minutes east four hundred feet along said lake shore; thence north forty-six degrees six minutes west about seven hundred and thirty feet to Lake Erie; thence southwesterly and westerly along said lake shore to the middle line, extended, of said Chapman Avenue; thence south one degree thirty minutes west along said middle line, and the same extended, about five hundred and twenty feet to the place of beginning, and containing fourteen and twenty-five one-hundredths acres of land and known as a part of lots numbered 1 and 2, range south of county road, and a part of lot numbered 12, East Point, in South Bass Island, in the township of Put-in-Bay, county of Ottawa, State of Ohio.
(June 2, 1936, ch. 477, §1,
Change of Name
"Perry's Victory and International Peace Memorial" substituted in text for "Perry's Victory and International Peace Memorial National Monument" to conform to the redesignation provided in section 1 of
Establishment of Memorial; Boundaries
Memorial and boundaries established by Presidential Proc. No. 2182, July 6, 1936,
Section Referred to in Other Sections
This section is referred to in
§433b. Administration, protection, and development
The administration, protection and development of the aforesaid peace memorial shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(June 2, 1936, ch. 477, §2,
Change of Name
"Peace memorial" substituted in text for "national monument" to conform to redesignation of Perry's Victory and International Peace Memorial National Monument as Perry's Victory and International Peace Memorial provided in section 1 of
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§433c. Acceptance of donations of lands and funds; acquisition of land
After the said peace memorial has been established as provided in
(June 2, 1936, ch. 477, §3,
References in Text
Amendments
1972—
Change of Name
"Peace memorial" substituted in text for "national monument" to conform to redesignation of Perry's Victory and International Peace Memorial National Monument as Perry's Victory and International Peace Memorial provided in section 1 of
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Authorization of Appropriations
Section 4 of
§433d. Repealed. Pub. L. 92–568, §3(2), Oct. 26, 1972, 86 Stat. 1182
Section, act June 2, 1936, ch. 477, §4,
§433e. Repealed. Pub. L. 98–141, §7(b), Oct. 31, 1983, 97 Stat. 910
Section, acts June 2, 1936, ch. 477, §5,
§433f. Inconsistent laws repealed
The provisions of the Act of March 3, 1919 (ch. 116,
(June 2, 1936, ch. 477, §6,
References in Text
The act of Mar. 3, 1919, and Acts supplemental and amendatory thereto were not classified to the Code.
§433f–1. Change in name of Perry's Victory and International Peace Memorial National Monument
The Perry's Victory and International Peace Memorial National Monument, established in accordance with
(
§433g. Fort Frederica National Monument; establishment
When title to the site of Fort Frederica, on Saint Simon Island, Georgia, and such other related sites located thereon, as may be designated by the Secretary of the Interior, in the exercise of his discretion, as necessary or desirable for national-monument purposes, shall have been vested in the United States, said area not to exceed two hundred and fifty acres shall be, and is, set apart as a national monument for the benefit and inspiration of the people, and shall be called the "Fort Frederica National Monument."
(May 26, 1936, ch. 451, §1,
Amendments
1958—
1950—Act Sept. 20, 1950, increased maximum acreage from eighty to one hundred acres.
Appropriations
Section 2 of act Sept. 20, 1950, provided that: "There is hereby authorized to be appropriated not to exceed $5,000 for the acquisition of land and interests in land for the said national monument. The Secretary of the Interior is authorized to use any funds so appropriated, together with any donated funds made available pursuant to the aforesaid Act of May 26, 1936 [
Section Referred to in Other Sections
This section is referred to in
§433h. Donation of property; acquisition of lands
The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property within the boundaries of the said national monument as determined and fixed hereunder, and donations of funds for the purchase and maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States out of any donated funds, either by purchase at prices deemed by him reasonable, or by condemnation under the provisions of
(May 26, 1936, ch. 451, §2,
References in Text
§433h–1. Acquisition of additional lands
The Secretary of the Interior is authorized and directed to acquire by purchase, condemnation, or otherwise, subject to the acreage limitation contained in
(
Appropriations
Section 3 of
§433i. Museum; historical markers
(a) Maintenance; donations
The Secretary of the Interior is authorized, in his discretion, to maintain in some suitable structure within the national monument a museum for relics and records pertaining to Fort Frederica, and for other articles of national and patriotic interest, and in his discretion to accept, on behalf of the United States, for installation in such museum, articles which may be offered as additions to the museum.
(b) State and local participation
Any State or political subdivision thereof, organization, or individual may, with the approval of the Secretary of the Interior, erect monuments or place tablets commemorating historic events or persons connected with the history of the area, within the boundaries of the Fort Frederica National Monument.
(May 26, 1936, ch. 451, §3,
§433j. Administration, protection, and development
The administration, protection, and development of the aforesaid national monument shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(May 26, 1936, ch. 451, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§433k. Whitman Mission National Historic Site; acquisition of land; establishment, supervision and maintenance
The Secretary of the Interior is authorized and directed to acquire, on behalf of the United States, by gift, the site of the Indian mission established in 1836 by Marcus Whitman on the Walla Walla River in what is now Walla Walla County, Washington, together with such additional land, including a right-of-way to the nearest highway, as the Secretary may deem necessary to carry out the purposes of this section.
The property acquired under the provisions of the first paragraph of this section shall constitute the Whitman Mission National Historic Site and shall be a public national memorial to Marcus Whitman and his wife, Narcissa Prentiss Whitman, who here established their Indian mission and school, and ministered to the physical and spiritual needs of the Indians until massacred with twelve others 1 persons in 1847. The Director of the National Park Service, under the direction of the Secretary of the Interior, shall have the supervision, management, and control of such national historic site, and shall maintain and preserve it for the benefit and enjoyment of the people of the United States.
(June 29, 1936, ch. 863, §§1, 2,
Change of Name
"Whitman Mission National Historic Site" and "national historic site" substituted in text for "Whitman National Monument" and "national monument", respectively, pursuant to
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§433k–1. Acquisition of additional land
For the purpose of including within Whitman Mission National Historic Site, Washington, certain properties that are of historic significance in connection with the site area and which are needed to provide suitable monument facilities, the Secretary of the Interior is authorized to procure not to exceed fifty acres of land adjacent to the existing site and a right-of-way thereto from United States Highway 410, using therefor any land acquisition funds available for the purposes of the national park system, such property to be acquired in such manner as the Secretary shall consider to be in the public interest. Following the acquisition by the United States of land for addition to the site pursuant to this section, such addition shall be effective in each instance upon the publication of notice thereof in the Federal Register.
(
Change of Name
"Whitman Mission National Historic Site" and "site" substituted in text for "Whitman National Monument" and "monument", respectively, pursuant to
§433l. Erection of monuments and tablets
Any State, or political subdivision thereof, organization, or individual may, with the approval of the Secretary of the Interior, erect monuments or place tablets within the boundaries of the Whitman Mission National Historic Site.
(June 29, 1936, ch. 863, §3,
Change of Name
"Whitman National Monument" redesignated "Whitman Mission National Historic Site" by
Section Referred to in Other Sections
This section is referred to in
§433m. Authorization of appropriation
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of
(June 29, 1936, ch. 863, §4,
Section Referred to in Other Sections
This section is referred to in
§433n. Change in name of Whitman National Monument
Effective January 1, 1963, the Whitman National Monument, established pursuant to
(
§434. National monument in Riverside County, California
The Secretary of the Interior is authorized to set apart the following-described lands located in the county of Riverside, in the State of California, as a national monument, which shall be under the exclusive control of the Secretary of the Interior, who shall administer and protect the same under the provisions of
(Aug. 26, 1922, ch. 295, §1,
Section Referred to in Other Sections
This section is referred to in
§435. Acquiring reservation land
In order to determine the amount to be paid under
(Aug. 26, 1922, ch. 295, §§2, 3,
References in Text
The Federal Power Act, referred to in text, was in the original the "Act of Congress approved June 10, 1920, known as the Federal Water Power Act", and was redesignated as the Federal Power Act by
Codification
This section is a combination provision, the last sentence of which is from section 3 of act Aug. 26, 1922, the remainder being derived from section 2 of that act.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§436. Omitted
Codification
Section, act Apr. 9, 1924, ch. 86, §3,
§437. Fort McHenry; restoration and preservation
The Secretary of the Interior is authorized and directed to begin the restoration of Fort McHenry, in the State of Maryland, including the restoration of the old Fort McHenry proper to such a condition as would make it suitable for preservation permanently as a national monument and perpetual national memorial shrine as the birthplace of the immortal "Star-Spangled Banner" written by Francis Scott Key, and he is further authorized and directed, as are his successors, to hold the said Fort McHenry in perpetuity as a military reservation, national monument and historic shrine, and to maintain it as such, except that part mentioned in
(May 26, 1914, ch. 100,
Codification
This section and
As reenacted in 1925 this section recites that Fort McHenry is "now" occupied and used as a military reservation and authorized the restoration "so soon as it may no longer be needed for uses and needs growing out of the late war." The foregoing provisions have been omitted as temporary.
The words of this section "on March 3, 1925" refer to the date of passage of the Act.
Change of Name
"National monument and historic shrine" substituted in text for "national park, and memorial" in view of redesignation of Fort McHenry National Park as Fort McHenry National Monument and Historic Shrine by act Aug. 11, 1939, classified to
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II,
Transfer of Functions
Administrative functions of Fort McHenry National Park transferred to Department of the Interior by Ex. Ord. Nos. 6166 and 6228, set out as notes under
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, §1,
Termination of War and Emergencies
Joint Res. July 25, 1947, ch. 327, §3,
Section Referred to in Other Sections
This section is referred to in
§438. Repairs and improvements; how made
Any and all repairs, improvements, changes, and alterations in the grounds, buildings, and other appurtenances to the reservation shall be made only according to detailed plans which shall be approved by the Secretary of the Interior, and all such repairs, improvements, or alterations shall be made at the expense of the United States, and all such improvements, together with the reservation itself, shall become and remain permanently the property of the United States.
(May 26, 1914, ch. 100,
Codification
This section and
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Termination of War and Emergencies
Termination of state of war and national emergencies, see note set out under
Section Referred to in Other Sections
This section is referred to in
§439. Land for use of Secretary of the Treasury
Permission is granted the Secretary of the Treasury to use permanently a strip of land sixty feet wide belonging to said fort grounds, beginning at the north corner of the grounds of the fort and extending south sixty-three degrees thirty minutes east, six hundred and eighty feet to the south corner of the site set aside for the immigration station at Baltimore, said strip of land being located along the northwest boundary of the land ceded to the Baltimore Dry Dock Company and the land of the said immigration station, the same to be used, if so desired, in lieu of acquiring, by purchase or condemnation, any of the lands of the dry dock company so that the Secretary of the Treasury may, in connection with land acquired from the Baltimore and Ohio Railroad Company, have access to and from said immigration station and grounds over the right-of-way so acquired to the city streets and railroads beyond, the Secretary of the Treasury to have the same power to construct, contract for, and arrange for railroad and other facilities upon said outlet as fully as provided in the Act approved March 4, 1913,
(May 26, 1914, ch. 100,
References in Text
The Act approved March 4, 1913,
Codification
This section and
Amendments
1936—Act June 5, 1936, substituted "six hundred and eighty feet" for "six hundred and fifty feet".
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Termination of War and Emergencies
Termination of state of war and national emergencies, see note set out under
Section Referred to in Other Sections
This section is referred to in
§440. Closure in times of national emergency
The Secretary of the Interior may, in case of a national emergency, close the said Fort McHenry and it may be used for any and all military purposes during the period of the emergency and for such period of time thereafter, as the public needs may require.
(May 26, 1914, ch. 100,
Codification
A proviso at the close of act Mar. 3, 1925, authorizing the disposal of the useless temporary buildings constructed during the World War and appropriating a sum from the proceeds thereof for the purposes of the act has been omitted as temporary and executed.
This section and
Transfer of Functions
Transfer of administrative functions of park, see note set out under
Termination of War and Emergencies
Termination of state of war and national emergencies, see note set out under
Section Referred to in Other Sections
This section is referred to in
§440a. Change in name of Fort McHenry Park
The Fort McHenry National Park, in the State of Maryland, authorized by
(Aug. 11, 1939, ch. 686,
Codification
Section consists of a part of act Aug. 11, 1939. The remainder, relating to changing the name of "Abraham Lincoln National Park" to "Abraham Lincoln National Historical Park" is set out as
§441. Badlands National Park; establishment
When a quantum, satisfactory to the Secretary of the Interior, of the privately owned lands lying within the area hereinafter described shall have been acquired and transferred to the United States for park purposes, without expense to the Federal Treasury, such areas are dedicated and set apart as a national park for the benefit and enjoyment of the people, under the name of the Badlands National Park: Provided, That the State of South Dakota shall have first constructed the highways hereinafter described.
(Mar. 4, 1929, ch. 693, §1,
References in Text
Hereinafter, referred to in text, means act Mar. 4, 1929 which is classified to
Change of Name
Words "park" and "Park" substituted in text for "monument" and "Monument", respectively, pursuant to
Ben Reifel Visitor Center
Section Referred to in Other Sections
This section is referred to in
§441a. Boundaries
The areas to be included in said Badlands National Park are situated in the State of South Dakota and lie within the boundaries particularly described as follows: Beginning at the northeast corner section 13, township 3 south, range 18 east, Black Hills meridian; thence west one-fourth mile; thence south one mile; thence west one-fourth mile; thence south one-fourth mile; thence west one mile; thence south one-fourth mile; thence west one-fourth mile; thence north one mile; thence west one and one-fourth miles; thence north one-half mile; thence west three miles, to the northwest corner section 18, township 3 south, range 18 east, Black Hills meridian.
Thence north one-fourth mile; thence west one-half mile; thence north one-fourth mile; thence west three-fourth mile; thence south one-fourth mile; thence west one-fourth mile; thence north one-fourth mile; thence west one-fourth mile; thence north one-fourth mile; thence west three-fourths mile; thence south one-fourth mile; thence west one-half mile; thence south one-half mile; thence west one mile; thence north one-fourth mile; thence west one-fourth mile; thence north one-fourth mile; thence west one and one-fourth miles; thence north one-fourth mile; thence west one-fourth mile; thence north three-fourths mile; thence west one and one-fourth miles; thence north one-half mile, to the northeast corner section 2, township 3 south, range 16 east, Black Hills meridian.
Thence west one-half mile; thence north one mile; thence west one-fourth mile; thence north one-half mile; thence west three-fourths mile; thence north one-half mile; thence west one-half mile; thence north two miles; thence west eight miles; thence south one-half mile; thence west one mile; thence north one-half mile, to the northeast corner section 13, township 2 south, range 14 east, Black Hills meridian.
Thence west one mile; thence south one mile; thence east one-half mile; thence south one-half mile; thence west one-half mile; thence south two and one-half miles; thence east one and one-fourth miles; thence south one mile; thence east three-fourths mile, to the northeast corner section 7, township 3 south, range 15 east, Black Hills meridian.
Thence south one-fourth mile; thence east one-fourth mile; thence south one-half mile; thence west one-fourth mile; thence south one-fourth mile; thence west one mile; thence south one and three-fourths miles; thence east one mile; thence north three-fourths mile; thence east two miles; thence north one-half mile; thence east three-fourths mile; thence north one-fourth mile; thence east one-half mile; thence north three-fourths mile; thence west one-fourth mile; thence north three-fourths mile; thence west one-fourth mile; thence north one-fourth mile; thence west one-fourth mile; thence north one-fourth mile; thence east one-fourth mile; thence north one-half mile; thence east one mile; thence south one-fourth mile; thence east one and three-fourths miles; thence north one-half mile; thence west one-half mile; thence north one-half mile, to the northwest corner section 31, township 2 south, range 16 east, Black Hills meridian.
Thence east one-half mile; thence south one-fourth mile; thence east one mile; thence south one-fourth mile; thence east one and three-fourths miles; thence south three-fourths mile; thence east three-fourths mile; thence south three-fourths mile; thence east one-half mile; thence south one-fourth mile; thence east one-fourth mile; thence south one-fourth mile; thence east one-fourth mile; thence south one-fourth mile; thence east one-fourth mile; thence south one-fourth mile; thence east one-fourth mile; thence south one-fourth mile; thence east one-half mile; thence south one and one-fourth miles; thence east three-fourths mile; thence north one-half mile; thence east one-fourth mile, to the northeast corner section 19, township 3 south, range 17 east, Black Hills meridian.
Thence north one-half mile; thence east three-fourths mile; thence south two miles; thence east one and one-half miles; thence north one and one-half miles; thence east two miles; thence south one-fourth mile; thence east one-fourth mile; thence south one-fourth mile; thence east one-half mile; thence south one-fourth mile; thence east one-half mile; thence south one-fourth mile; thence east one-half mile, to the northeast corner section 30, township 3 south, range 18 east, Black Hills meridian.
Thence south three-fourths mile; thence east one-fourth mile; thence south one-fourth mile; thence east one-half mile; thence north one-fourth mile; thence east one and one-fourth miles; thence south one-fourth mile; thence east three miles, to the northeast corner of section 36, township 3 south, range 18 east, Black Hills meridian.
Thence north one mile; thence east one mile; thence north one-half mile; thence west one-fourth mile; thence north one-fourth mile; thence west one-fourth mile; thence north one and one-fourth miles; thence west one-half mile to the point of beginning.
(Mar. 4, 1929, ch. 693, §2,
Change of Name
"Park" substituted for "Monument" in first undesignated par. pursuant to
Extension of Boundaries
Act June 26, 1936, ch. 842, title II, §1,
Laws Applicable
The provisions of
Section Referred to in Other Sections
This section is referred to in
§441b. Construction of highway by State of South Dakota
The establishment of said park is conditioned upon the State of South Dakota first constructing the following highway in a manner satisfactory to the Secretary of the Interior: A highway commencing at the corporation limits of the town of Interior, thence going in a northwesterly direction to and over Big Foot Pass, and through the region known as The Pinnacles; thence in a westerly direction to Sage Creek, being a total distance of about thirty miles.
(Mar. 4, 1929, ch. 693, §3,
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441c. Administration, protection, and promotion; franchises for hotel and lodge accommodations
The administration, protection, and promotion of said Badlands National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Mar. 4, 1929, ch. 693, §4,
Change of Name
"Park" substituted in text for "Monument" pursuant to
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§441d. Examinations, excavations, and gathering of objects of interest within park
The Secretary of the Interior is authorized to permit examinations, excavations, and gathering of objects of interest within said park by any person or persons whom he may deem properly qualified to conduct such examinations, excavations, or gatherings, subject to such rules and regulations as he may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken only for the benefit of some reputable museum, university, college, or other recognized scientific or educational institution, with a view to increasing the knowledge of such objects and aiding the general advancement of geological and zoological science.
(Mar. 4, 1929, ch. 693, §5,
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441e. Effective date of sections 441 to 441d
(Mar. 4, 1929, ch. 693, §6,
Proclamation No. 2320
Proclamation declaring that conditions precedent required by
§441e–1. Change in name of Badlands National Monument
The area formerly known as the "Badlands National Monument", established by Presidential Proclamation of January 25, 1939 (
(
§441f. Adjustment and redefinition of boundaries
In order to establish a more appropriate boundary for the Badlands National Park and to consolidate Federal land ownership therein, the Secretary of the Interior, in his discretion, is authorized to adjust and redefine the exterior boundaries of the national park by appropriate reductions or additions of land: Provided, That the total acreage of the national park, as revised pursuant to
(May 7, 1952, ch. 244, §1,
Codification
Reference to the monument's approximately 154,119 acre area as of "May 7, 1952" was substituted for a reference in the original to the monument's "present" area.
Change of Name
Words "Park" and "park" substituted in text for "Monument" and "monument", respectively, pursuant to
Section Referred to in Other Sections
This section is referred to in
§441g. Orders to effectuate revision of boundaries; publication
The revision of boundaries of the national park, as authorized in
(May 7, 1952, ch. 244, §2,
References in Text
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441h. Jurisdiction of mining and mineral rights; patents
Administrative jurisdiction over all Federal lands eliminated from the park, by the issuance of an order or orders of the Secretary of the Interior, is transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of title III of the Bankhead-Jones Farm Tenant Act [
(May 7, 1952, ch. 244, §3,
References in Text
The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517,
The mining and minerals-leasing laws, referred to in text, are classified generally to Title 30, Mineral Lands and Mining.
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441i. Exchanges of land
In order that exchanges of land may be effectuated for the purposes of
(May 7, 1952, ch. 244, §4,
References in Text
The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517,
Change of Name
Words "Park" and "park" substituted in text for "Monument" and "monument", respectively, pursuant to
Section Referred to in Other Sections
This section is referred to in
§441j. Revision of boundaries
In order to include lands of outstanding scenic and scientific character in the Badlands National Park, the boundaries of the park are revised as generally depicted on the map entitled "Badlands National Monument", numbered NM–BL–7021B, dated August 1967, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior may make minor adjustments in the boundaries, but the total acreage in the park may not exceed the acreage within the boundaries depicted on the map referred to herein. Lands within the boundaries of the park that are acquired by the United States shall be subject to the laws and regulations applicable to the park.
(
Change of Name
Words "Park" and "park" substituted in text for "Monument" and "monument", respectively, pursuant to
Section Referred to in Other Sections
This section is referred to in
§441k. Acquisition of property for park
(a) Consent of State or Oglala Sioux Tribe of South Dakota; transfer from Federal agency
Subject to the provisions of subsection (b) of this section, the Secretary of the Interior may, within the boundaries of the park, acquire lands and interests in lands by donation, purchase with donated or appropriated funds, or exchange, except that any lands or interests in lands owned by the State of South Dakota, a political subdivision thereof, or the Oglala Sioux Tribe of South Dakota may be acquired only with the consent of owner. Notwithstanding any other provision of law, lands and interests in lands located within the park under the administrative jurisdiction of any other Federal agency may be transferred to the administrative jurisdiction of the Secretary without a transfer of funds.
(b) Easements
As to lands located within the boundaries of the park but outside the boundaries of the gunnery range referred to in
(
Change of Name
Word "park" substituted in text for "monument" pursuant to
Section Referred to in Other Sections
This section is referred to in
§441l. Exchange of lands; transfer from Federal agency to administrative jurisdiction of Secretary; terms and conditions of purchase
Inasmuch as (A) most of the lands added to the Badlands National Park by
(a) All Federal lands and interests in lands within the Badlands Air Force gunnery range that are outside the boundaries of the park and that heretofore or hereafter are declared excess to the needs of the Department of the Air Force shall be transferred to the administrative jurisdiction of the Secretary of the Interior without a transfer of funds.
(b) Any former Indian or non-Indian owner of a tract of such land, whether title was held in trust or fee, may purchase such tract from the Secretary of the Interior under the following terms and conditions:
(1) The purchase price to a former Indian owner shall be the total amount paid by the United States to acquire such tract and all interests therein, plus interest thereon from the date of acquisition at a rate determined by the Secretary of the Treasury taking into consideration the average market yield of all outstanding marketable obligations of the United States at the time the tract was acquired by the United States, adjusted to the nearest one-eighth of 1 per centum. The purchase price to a former non-Indian owner shall be present fair market value of the tract as determined by the Secretary of the Interior.
(2) Not less than $100 or 20 per centum of the purchase price, whichever is less, shall be paid at the time of purchase, and the balance shall be payable in not to exceed 20 years with interest at a rate determined by the Secretary of the Treasury taking into account the current average market yield on outstanding marketable obligations of the United States with twenty years remaining to date of maturity, adjusted to the nearest one-eighth of 1 per centum.
(3) Title to the tract purchased shall be held in trust for the purchaser if it was held in trust status at the time the tract was acquired by the United States; otherwise, the title to the tract purchased shall be conveyed to the purchaser subject to a mortgage and such other security instruments as the Secretary deems appropriate. If a tract purchased under this subsection is offered for resale during the following ten-year period, the tribe must be given the first right to purchase it.
(4) The unpaid balance of the purchase price shall be a lien against the land if the title is held in trust and against all rents, bonuses, and royalties received therefrom. In the event of default in the payment of any installment of the purchase price the Secretary may take such action to enforce the lien as he deems appropriate, including foreclosure and conveyance of the land to the Oglala Sioux Tribe.
(5) An application to purchase the tract must be filed with the Secretary of the Interior within one year from the date a notice is published in the Federal Register that the tract has been transferred to the jurisdiction of the Secretary.
(6) No application may be filed by more than five of the former owners of an interest in the tract. If more than one such application is filed for a tract the applicants must agree on not more than five of the former owners who shall make the purchase, and failing such agreement all such applications for the tract shall be rejected by the Secretary.
(7) "Former owner" means, for the purposes of subsection (b) of this section, each person from whom the United States acquired an interest in the tract, or if such person is deceased, his spouse, or if such spouse is deceased, his children.
(
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in the provision preceding subsec. (a), is act June 30, 1949, ch. 288,
Change of Name
In provision preceding subsec. (a) and in subsec. (a), "Park" and "park" substituted for "Monument" and "monument", respectively, pursuant to
Section Referred to in Other Sections
This section is referred to in
§441m. Disposition of excess gunnery range lands and reservation lands; purchase; terms and conditions; life estates and use restrictions
(a) Gunnery range lands; reservation lands
All Federal lands and interests in lands within the Badlands Air Force gunnery range that are outside the boundaries of the park, and that have been declared excess to the needs of the Department of the Air Force, and that are not purchased by former owner under
(b) Purchases
Any former Indian owner of land that is within the Badlands Air Force gunnery range and outside the boundaries of the park and that has not been declared excess to the needs of the Department of the Air Force on August 8, 1968, may, within the period specified in
(c) Life estates and use restrictions
Any former Indian owner of a tract of land within the boundaries of the park that was acquired by the United States for the Badlands Air Force gunnery range, and that is transferred to the Secretary of the Interior pursuant to
(d) Purchase restrictions
Purchases under subsection (b) and clause (ii) of subsection (c) of this section shall be made on the terms provided in
(
References in Text
Title II of the National Industrial Recovery Act of June 16, 1933 (
Executive Order Numbered 7868, dated April 15, 1938, referred to in subsec. (a), was not classified to the Code.
Change of Name
Word "park" substituted for "monument" in subsecs. (a) to (c) pursuant to
Section Referred to in Other Sections
This section is referred to in
§441n. Lands outside gunnery range; exchange of lands; reservation of mineral rights; grazing and mineral development rights of Indians; execution of instruments; trust title
(a) Exchange of lands; mineral and grazing rights
Title to all Federal lands and interests in land within the boundaries of the Badlands Air Force gunnery range that are outside the boundaries of the park, and that are transferred to the administrative jurisdiction of the Secretary of the Interior as provided in
(b) Execution of instruments
The Oglala Sioux Tribal Council may authorize the execution of the necessary instruments to effect the exchange on behalf of the tribe, and the Secretary may execute the necessary instruments on behalf of the United States.
(c) Trust title
After the exchange is effected the title of the Oglala Sioux Tribe to the property acquired by the exchange shall be held in trust subject to the same restrictions and authorities that apply to other lands of the tribe that are held in trust.
(
Change of Name
Word "park" substituted for "monument" in subsec. (a) pursuant to
Section Referred to in Other Sections
This section is referred to in title 25 section 459.
§441o. Facilities for interpretation of park and history of Sioux Nation; conveyance of reservation lands; submission of terms to Congressional committees
The Oglala Sioux Tribe may convey and the Secretary of the Interior may acquire not to exceed forty acres of tribally owned lands on the Pine Ridge Indian Reservation for the purpose of erecting thereon permanent facilities to be used to interpret the natural phenomena of the park and the history of the Sioux Nation: Provided, That no such conveyance shall be made until sixty days after the terms thereof have been submitted to the Interior and Insular Affairs Committees of the House of Representatives and the Senate.
(
Change of Name
Word "park" substituted in text for "monument" pursuant to
Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in title 25 section 459.
§442. George Washington Birthplace National Monument
The land owned by the United States at Wakefield, Westmoreland County, Virginia, and all structures thereon shall constitute the George Washington Birthplace National Monument at Wakefield, Virginia, which is established and set apart for the preservation of the historical associations connected therewith, for the benefit and enjoyment of the people, and the said national monument shall be after January 23, 1930, administered by the National Park Service under the direction of the Secretary of the Interior subject to the provisions of
(Jan. 23, 1930, ch. 24, §§1, 2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Revision of Boundaries; Acquisition of Lands; Administration; Authorization of Appropriations
"SECTION 1. ADDITION TO NATIONAL MONUMENT.
"The boundaries of the George Washington Birthplace National Monument (hereinafter referred to as the 'National Monument') are hereby modified to include the area comprising approximately 12 acres, as generally depicted on the map entitled 'George Washington Birthplace National Monument Boundary Map', numbered 332/80,011A and dated September 1992, which shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.
"SEC. 2. ACQUISITION OF LANDS.
"Within the boundaries of the National Monument, the Secretary of the Interior (hereinafter referred to as the 'Secretary') is authorized to acquire lands, or interests therein, by donation, purchase with donated or appropriated funds, or exchange.
"SEC. 3. ADMINISTRATION OF NATIONAL MONUMENT.
"In administering the National Monument, the Secretary shall take such action as is necessary to preserve and interpret the history and resources associated with George Washington, the generations of the Washington family who lived in the vicinity, and their contemporaries, as well as 18th century plantation life and society.
"SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated such sums as may be necessary to carry out this Act."
Additional Lands
Additional lands were added to and made part of the monument by Presidential Proc. No. 1944, Mar. 30, 1931,
§§443 to 443f. Transferred
Codification
Sections, acts July 3, 1930, ch. 837, §§1–7,
§444. Petrified Forest National Monument; elimination of private holdings of land within boundaries; exchange of lands
The Secretary of the Interior, for the purpose of eliminating private holdings of land within the Petrified Forest National Monument, Arizona, is empowered, in his discretion, to obtain for the United States the complete title to any or all of the lands held in private ownership within the boundaries of the Petrified Forest National Monument, Arizona, as now or as may be hereafter defined, by accepting from the owners of such privately owned lands complete relinquishment thereof and by granting and patenting to such owners in exchange therefor, in each instance, like public lands of equal value situated in Navajo and/or Apache Counties, in the State of Arizona, after due notice of the proposed exchange has been given by publication for not less than thirty days in the counties where the lands proposed to be exchanged or taken in exchange are located: Provided, That the Secretary of the Interior shall, on application or otherwise, designate public lands located outside the extreme boundaries of the said monument subject to exchange under this section which are, in his opinion, chiefly valuable for grazing and raising forage crops, do not contain merchantable timber, are not susceptible of irrigation from any known source of water supply, and are of character similar to the privately owned lands offered in exchange.
(May 14, 1930, ch. 271, §1,
Disestablishment of Petrified Forest National Monument
Disestablishment of Petrified Forest National Monument upon establishment of Petrified Forest National Park, see
Section Referred to in Other Sections
This section is referred to in
§444a. Ascertainment of value of lands offered for exchange; evidence of title
The value of all patented lands within said monument offered for exchange, and the value of the lands of the United States to be given in exchange therefor, shall be ascertained in such manner as the Secretary of the Interior may direct; and the owners of such privately owned lands within said monument shall, before any exchange is effective, furnish the Secretary of the Interior evidence satisfactory to him of title to the patented lands offered in exchange; and lands conveyed to the United States under
(May 14, 1930, ch. 271, §2,
Disestablishment of Petrified Forest National Monument
Disestablishment of Petrified Forest National Monument upon establishment of Petrified Forest National Park, see
Section Referred to in Other Sections
This section is referred to in
§445. Canyon De Chelly National Monument; establishment; boundaries
With the consent of the tribal council of the Navajo Tribe of Indians, the President of the United States is authorized to establish by presidential proclamation the Canyon De Chelly National Monument, within the Navajo Indian Reservation, Arizona, including the lands hereinafter described.
All lands in Del Muerto, De Chelly, and Monument Canyons, in the canyons tributary thereto, and the lands within one-half mile of the rims of the said canyons, situated in unsurveyed townships 4 and 5 north, range 7 west; townships 4, 5, and 6 north, range 8 west; townships 4 and 5 north, range 9 west; and in surveyed townships 4 and 5 north, range 6 west; townships 3, 6, and 7 north, range 7 west; township 6 north, range 9 west; and township 5 north, range 10 west; embracing about eighty-three thousand eight hundred and forty acres, all of the Navajo meridian, in Arizona.
(Feb. 14, 1931, ch. 188, §1,
Amendments
1933—Act Mar. 1, 1933, redescribed lands referred to in second par.
Establishment of Monument; Boundaries
Monument and boundaries established by Presidential Proc. No. 1945, Apr. 1, 1931,
§445a. Rights and privileges of Navajo Indians in canyons
Nothing herein shall be construed as in any way impairing the right, title, and interest of the Navajo Tribe of Indians which they now have and hold to all lands and minerals, including oil and gas, and the surface use of such lands for agricultural, grazing, and other purposes, except as defined in
(Feb. 14, 1931, ch. 188, §2,
References in Text
Herein, referred to in text, means act Feb. 14, 1931, which is classified to
§445b. Administration by National Park Service; powers and duties
The National Park Service, under the direction of the Secretary of the Interior, is charged with the administration of the area of said national monument, so far as it applies to the care, maintenance, preservation and restoration of the prehistoric ruins, or other features of scientific or historical interest within the area, and shall have the right to construct upon the lands such roads, trails, or other structures or improvements as may be necessary in connection with the administration and protection of the monument, and also the right to provide facilities of any nature whatsoever required for the care and accommodation of visitors to the monument.
(Feb. 14, 1931, ch. 188, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§445c. Pipestone National Monument
(a) Establishment; boundaries
The lands lying in Pipestone County, Minnesota, within the area hereinafter described are dedicated and set apart as a national monument for the benefit and enjoyment of the people of the United States, under the name of the "Pipestone National Monument": Beginning at a point twenty-two and four-tenths feet north and forty-five and eight one-hundredths feet west of the southwest corner of section 1, township 106 north, range 46 west, fifth principal meridian; thence north one thousand six hundred and fifty-five feet; thence north eighty-nine degrees fifteen minutes east, seven hundred and eight feet; thence north no degrees forty-five minutes west, six hundred and seven and three-tenths feet; thence north sixty-two degrees five minutes east, nine hundred and eighty-seven and one-tenth feet; thence south twenty-seven degrees fifty-five minutes east, two hundred and sixty-four and five-tenths feet; thence south eighty-eight degrees nineteen minutes east, nine hundred and sixty-seven and five-tenths feet; thence south no degrees twenty-four minutes east, one hundred and forty-four and three-tenths feet; thence south eighty-three degrees forty-three minutes west, four hundred and seventy-two and four-tenths feet; thence south two degrees seventeen minutes east, two thousand two hundred and forty-nine feet; thence south eighty-nine degrees twenty minutes west, four hundred and fifty-eight and two-tenths feet; thence south no degrees no minutes east, one hundred and one and one-tenth feet; thence south ninety degrees no minutes west, one hundred and thirty-seven and two-tenths feet; thence north no degrees no minutes west, one hundred feet; thence south eighty-nine degrees twenty minutes west, one thousand six hundred and eighty-three and eight-tenths feet to the point of beginning; containing approximately one hundred and fifteen and eighty-six one-hundredths acres, including concourse, excluding from the area described herein forty-seven one-hundredths acres, constituting a right-of-way of the Chicago, Rock Island and Pacific Railway.
(b) Administration, protection, and development
The administration, protection, and development of such monument shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(c) Quarry rights of Indians
The quarrying of the red pipestone in the lands described in subsection (a) of this section is expressly reserved to Indians of all tribes, under regulations to be prescribed by the Secretary of the Interior.
(Aug. 25, 1937, ch. 768, §§1–3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§445d. Acquisition of additional lands, Pipestone School Reserve and non-Federal land; redefining of boundaries; quarry rights of Indians
The Secretary of the Interior is authorized to add to the Pipestone National Monument such part of the Pipestone school reserve, not exceeding two hundred and fifty acres, as he deems necessary to protect archeological remains, to acquire by purchase or condemnation not exceeding ten acres of non-Federal land, as he deems necessary to improve the boundary and administration of the Pipestone National Monument Federal land, and to redefine the exterior boundaries of the Pipestone National Monument to include the lands so transferred and acquired pursuant to this section. All lands added to the Pipestone National Monument pursuant to this section shall be subject to the provisions of subsection (b) and (c) of
(June 18, 1956, ch. 401,
§446. Sites for tablets at Antietam; care and supervision
All lands acquired by the United States, whether by purchase, gift, or otherwise, for the purposes of sites for tablets for the marking of the lines of battle of the Army of the Potomac and of the Army of Northern Virginia at Antietam, and of the position of each of the forty-three different commands of the Regular Army engaged in the battle of Antietam, shall be under the care and supervision of the Secretary of the Interior.
(Aug. 30, 1890, ch. 837, §1,
Transfer of Functions
Administrative functions of certain national military parks transferred to Department of the Interior by Ex. Ord. Nos. 6166 and 6228, set out in notes under
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in Ex. Ord. No. 6166, by act Mar. 2, 1934, ch. 38, §1,
§447. Repealed. Pub. L. 94–429, §3(d), Sept. 28, 1976, 90 Stat. 1342
Section, act June 13, 1933, ch. 70,
Mining Rights Existing Prior to September 28, 1976
Section 3 of
§447a. Ocmulgee National Monument; establishment; acquisition of property
When title to lands commonly known as the "Old Ocmulgee Fields", upon which certain Indian mounds of great historical importance are located, comprising approximately two thousand acres, in and around the city of Macon, County of Bibb, State of Georgia, as shall be designated by the Secretary of the Interior, in the exercise of his judgment and discretion as necessary for national-monument purposes, shall have been vested in the United States, said area shall be set aside as a national monument, by proclamation of the President, and shall be known as the "Ocmulgee National Monument": Provided, That the United States shall not purchase by appropriation of public moneys any lands within the aforesaid area, but such lands shall be secured by the United States only by public or private donation.
(June 14, 1934, ch. 519, §1,
Establishment of Monument; Boundaries
Monument and boundaries established by Presidential Proc. No. 2212, Dec. 23, 1936,
§447b. Donation of property; condemnation proceedings
The Secretary of the Interior is authorized to accept donations of land, interests in land, buildings, structures, and other property, within the boundaries of said national monument as determined and fixed hereunder and donations of funds for the purchase and/or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States under any donated funds by purchase when purchasable at prices deemed by him reasonable, otherwise by condemnation under the provisions of
(June 14, 1934, ch. 519, §2,
References in Text
§447c. Administration, protection, and development
The administration, protection, and development of the Ocmulgee National Monument shall be under the supervision of the Secretary of the Interior subject to the provisions of
(June 14, 1934, ch. 519, §3,
§448. Pioneer National Monument; establishment
When title to the sites of Fort Boonesborough, Boones Station, Bryans Station, and Blue Licks Battlefield, in the State of Kentucky, comprising noncontiguous tracts to be united by a Memorial Highway, together with such historical structures and remains thereon, as may be designated by the Secretary of the Interior as necessary or desirable for national-monument purposes and for the proper commemoration of the valor and sacrifices of the pioneers of "the West", shall have been vested in the United States, said areas and improvements shall be designated and set apart by proclamation of the President for preservation as a national monument for the benefit and inspiration of the people, and shall be called the "Pioneer National Monument."
(June 18, 1934, ch. 573, §1,
§449. Acceptance of donations of land and funds; acquisition of land
The Secretary of the Interior be, and he is, authorized to accept donations of land, interests in land and/or buildings, structures, and other property within the boundaries of said national monument as determined and fixed hereunder, and donations of funds for the purchase and/or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States out of any donated funds, by purchase at prices deemed by him reasonable, or by condemnation under the provisions of
(June 18, 1934, ch. 573, §2,
References in Text
§450. Administration, protection, and development
The administration, protection, and development of the aforesaid national monument shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(June 18, 1934, ch. 573, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450a. Chalmette, Louisiana, Monument
The sum of twenty-five thousand dollars is appropriated, or so much thereof as may be necessary, out of any money in the Treasury of the United States not otherwise appropriated, for the completion of a monument to the memory of the soldiers who fell in the battle of New Orleans in the war of eighteen hundred and twelve, said monument to be completed under the direction and approval of the Secretary of the Army: Provided, That the State of Louisiana shall cede and transfer its jurisdiction to the property on which said monument is to be completed in accordance with the provisions of act numbered forty-one of the legislature of that State, approved July nineteenth, nineteen hundred and two: Provided further, That when said monument is completed the responsibility of maintaining the same and keeping the grounds surrounding it shall hereafter rest with the Government of the United States; and there is authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such expenses.
(Mar. 4, 1907, ch. 2928,
Amendments
1930—Act June 2, 1930, placed responsibility for maintaining monument and grounds with United States Government and authorized appropriations for expenses.
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II,
Transfer of Functions
Administrative functions of Chalmette Monument and Grounds, Louisiana transferred to Department of the Interior by Ex. Ord. No. 6166, §2, and Ex. Ord. No. 6228, §1, set out as notes under
Chalmette National Historical Park
Designation of lands on which monument erected as Chalmette National Historical Park, see
§§450b to 450e. Repealed. Pub. L. 94–578, title III, §308(e), Oct. 21, 1976, 90 Stat. 2736
Section 450b, acts June 18, 1930, ch. 520, §1,
Section 450c, acts June 18, 1930, ch. 520, §2,
Section 450d, acts June 18, 1930, ch. 520, §3,
Section 450d–1, acts July 17, 1953, ch. 227,
Section 450e, act June 18, 1930, ch. 520, §4, as added Aug. 13, 1935, ch. 520, §2,
§450e–1. Appomattox Court House National Historical Park
(a) Boundaries
The Appomattox Court House National Historical Park shall hereafter comprise the area depicted on the map entitled "Boundary Map, Appomattox Court House National Historical Park", numbered 340/80,015 and dated June 1992, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(b) Land acquisition by donation, purchase, or exchange; limitation on acquisition of State land
Within the boundaries of the park, the Secretary may acquire lands and interests in lands, by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests in lands owned by the State of Virginia or its political subdivisions may be acquired only by donation.
(c) Owner's reservation of right of use and occupancy of improved property for residential purposes for life or fixed term of years; compensation at fair market value; termination of right retained by owner; "improved property" defined; waiver of rights and benefits by owner
(1) The owner of an improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of the improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition, less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this section, and it shall terminate by operation of law upon the Secretary's notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired.
(2) As used in this section, the term "improved property" means a detached, single-family dwelling, construction of which was begun before June 8, 1976, which is used for noncommercial residential purposes, together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land.
(3) Whenever an owner of property elects to retain a right of use and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under
(d) Administration
The Secretary shall administer the park in accordance with
(e) Omitted
(f) Authorization of appropriation
There are authorized to be appropriated not to exceed $1,335,000 to carry out the purposes of this section.
(
Codification
Section is comprised of section 308 of
Amendments
1992—Subsec. (a).
Effective Date of 1992 Amendment
Section 3(a) of
Acquisition of Certain Lands by Donation Only
Section 3(b) of
§§450f to 450k. Repealed. Dec. 21, 1944, ch. 634, §1, 58 Stat. 852
Section 450f, act Aug. 15, 1935, ch. 547, §1,
Sections 450f–1 and 450f–2, act Jan. 29, 1940, ch. 16,
Sections 450g to 450k, act Aug. 15, 1935, ch. 547, §§2–6,
Unexpended Funds
Section 2 of act Dec. 21, 1944, ch. 634,
§450l. Fort Stanwix National Monument; establishment
When title to the site or portion thereof at Fort Stanwix, in the State of New York, together with such buildings and other property located thereon as may be designated by the Secretary of the Interior as necessary or desirable for national monument purposes, shall have been vested in the United States, said area and improvements, if any, shall be designated and set apart by proclamation of the President for preservation as a national monument for the benefit and inspiration of the people and shall be called the "Fort Stanwix National Monument": Provided, That such area shall include at least that part of Fort Stanwix now belonging to the State of New York.
(Aug. 21, 1935, ch. 592, §1,
§450m. Acceptance of donations of lands and funds; acquisition of land
The Secretary of the Interior is authorized to accept donations of land, interests in land and/or buildings, structures, and other property within the boundaries of said national monument as determined and fixed hereunder, and donations of funds for the purchase and/or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That he may acquire on behalf of the United States out of any donated funds, by purchase at prices deemed by him reasonable, or by condemnation under the provisions of
(Aug. 21, 1935, ch. 592, §2,
References in Text
Hereunder, referred to in text, means act Aug. 21, 1935, which is classified to
§450n. Administration, protection, and development
The administration, protection, and development of the aforesaid national monument shall be exercised under the direction of the Secretary of the Interior by the National Park Service subject to the provisions of
(Aug. 21, 1935, ch. 592, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450o. Andrew Johnson National Historic Site; authorization
When title to the site of the Andrew Johnson Homestead and the site of the tailor shop in which Andrew Johnson worked (now owned and administered by the State of Tennessee), located in Greeneville, Tennessee, together with such buildings and property located thereon as may be designated by the Secretary of the Interior as necessary or desirable for national historic site purposes shall have been vested in the United States, said area and improvements, if any, together with the burial place of Andrew Johnson, now administered as a national cemetery, shall be designated and set apart by proclamation of the President for preservation as a national historic site for the benefit and inspiration of the people and shall be called the "Andrew Johnson National Historic Site."
(Aug. 29, 1935, ch. 801, §1,
Change of Name
"National historic site" substituted in text for "national monument" on authority of
Establishment of Monument; Boundaries
Monument and boundaries established by Presidential Proc. No. 2554, Apr. 27, 1942,
§450p. Acquisition of property; donations
The Secretary of the Interior is authorized to acquire on behalf of the United States out of any funds allotted and made available for this project by proper authority or out of any donated funds, by purchase at prices deemed by him reasonable, or by condemnation under the provisions of
(Aug. 29, 1935, ch. 801, §2,
References in Text
Hereunder, referred to in text, means act Aug. 29, 1935, which is classified to
Change of Name
"Historic site" substituted in text for "monument" on authority of
§450q. Administration, protection, and development
The administration, protection, and development of the aforesaid national historic site shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Aug. 29, 1935, ch. 801, §3,
Change of Name
"Historic site" substituted in text for "monument" on authority of
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450r. Ackia Battleground National Monument; establishment
The Secretary of the Interior is authorized in his discretion to acquire, by purchase or by condemnation and/or accept by donation in behalf of the United States, such lands, easements, and buildings not to exceed fifty acres, and when title satisfactory to the Secretary of the Interior shall have been vested in the United States such area or areas shall be, upon proclamation of the President, established, dedicated, and set apart as a public monument for the benefit and enjoyment of the people and shall be known as the "Ackia Battleground National Monument": Provided, That such area shall include the site of the Battle of Ackia.
(Aug. 27, 1935, ch. 755, §2,
Boundaries of Monument
Boundaries established by Presidential Proc. No. 2307, Oct. 25, 1938, 3 F.R. 2579,
Inclusion in Natchez Trace Parkway
Ackia Battleground National Monument included in the Natchez Trace Parkway, see
§450s. Omitted
Codification
Section, act Aug. 27, 1935, ch. 755, §3,
§450t. Administration, protection, and development
The administration, protection, and development of the aforesaid national monument shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(Aug. 27, 1935, ch. 755, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450u. Homestead National Monument of America; establishment
The Secretary of the Interior is authorized and directed to acquire, on behalf of the United States, by gift, purchase, or condemnation, the south half of the northwest quarter, the northeast quarter of the northwest quarter, and the southwest quarter of the northeast quarter section 26, township 4 north, range 5 east, of the sixth principal meridian, Gage County, Nebraska, the same being the first homestead entered upon under the General Homestead Act of May 20, 1862, by Daniel Freeman, and that when so acquired, the said area be designated "The Homestead National Monument of America."
(Mar. 19, 1936, ch. 157, §1,
References in Text
The General Homestead Act, referred to in text, is act May 20, 1862, ch. 75,
Freeman School Addition
§450v. Omitted
Codification
Section, act Mar. 19, 1936, ch. 157, §2,
§450w. Administration; establishment of museum
It shall be the duty of the Secretary of the Interior to lay out said land in a suitable and enduring manner so that the same may be maintained as an appropriate monument to retain for posterity a proper memorial emblematical of the hardships and the pioneer life through which the early settlers passed in the settlement, cultivation, and civilization of the great West. It shall be his duty to erect suitable buildings to be used as a museum in which shall be preserved literature applying to such settlement and agricultural implements used in bringing the western plains to its present high state of civilization, and to use the said tract of land for such other objects and purposes as in his judgment may perpetuate the history of the country mainly developed by the homestead law.
(Mar. 19, 1936, ch. 157, §3,
References in Text
The homestead Law, referred to in text, is classified generally to
§450x. Authorization of annual appropriations
For the purpose of carrying out the suggestions and recommendations of the Secretary of the Interior, the necessary annual appropriations therefor are authorized.
(Mar. 19, 1936, ch. 157, §4,
§450y. Coronado National Memorial; establishment
For the purpose of permanently commemorating the explorations of Francisco Vásquez de Coronado, the President of the United States is authorized to declare, by proclamation, any lands within the following-described area, subject to all valid existing rights, to be established as the "Coronado National Memorial":
Gila and Salt River meridian: Township 24 south, range 20 east, section 10, south half southwest quarter, south half southeast quarter; section 11, south half southwest quarter; section 13, southwest quarter northwest quarter, south half; section 14, northwest quarter, south half, northwest quarter northeast quarter, south half northeast quarter; section 15, all; section 22, all; section 23, all; section 24, all; township 24 south, range 21 east, section 17, south half southwest quarter; section 18, southwest quarter, south half southeast quarter; section 19, all; section 20, lots 3 and 4; aggregating approximately two thousand eight hundred and eighty acres.
(Aug. 18, 1941, ch. 365, §1,
Amendments
1952—Act July 9, 1952, changed "Coronado International Memorial" to "Coronado National Memorial", and struck out proviso which required action of Mexican Government prior to establishment of the Memorial.
Establishment of Memorial; Boundaries
Monument and boundaries established by Presidential Proc. No. 2995, Nov. 5, 1952, 17 F.R. 10157, 67 Stat.
Cross References
Coronado National Forest, see
Section Referred to in Other Sections
This section is referred to in
§450y–1. Administration
The National Park Service, under the direction of the Secretary of the Interior, shall promote and regulate the use of the Coronado National Memorial for the benefit and enjoyment of the people of the United States. Insofar as applicable and not in conflict with
(Aug. 18, 1941, ch. 365, §2,
Amendments
1952—Act July 9, 1952, changed "Coronado International Memorial" to "Coronado National Memorial".
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450y–2. Grazing within memorial area
The Secretary of the Interior, under such regulations as shall be prescribed by him, which regulations shall be substantially similar to those now in effect, shall permit—
Grazing of livestock within the memorial area to the extent now permitted within the said area when such grazing will not interfere with recreational development authorized by
(Aug. 18, 1941, ch. 365, §3,
Amendments
1976—
Mining Rights Existing Prior to 1976 Amendment
Section 3 of
Section Referred to in Other Sections
This section is referred to in
§450y–3. Construction of fences
In the administration of the memorial area the Secretary shall not permit the construction of fences except (a) along the international boundary, (b) beside memorial roads or approach roads, and (c) around memorial areas within which improvements have been located by the National Park Service: Provided, That any roads constructed within the memorial area by the National Park Service shall include necessary cattle underpasses properly located for the passage of cattle across such roads: And provided further, That the right to the exclusive beneficial consumptive use for stock watering purposes of any water heretofore developed or used for such purposes within the memorial area shall remain in the present holders thereof, their heirs, assigns, successors, and administrators, so long as such water continues to be used exclusively for such purposes: And provided further, That nothing in
(Aug. 18, 1941, ch. 365, §4,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450y–4. Acquisition of property; donations
Upon submission of title satisfactory to him, the Secretary of the Interior, on behalf of the United States, may accept lands and interests in lands which are within the memorial area but are not in Federal ownership and which are offered to the United States without cost.
(Aug. 18, 1941, ch. 365, §5,
Section Referred to in Other Sections
This section is referred to in
§450y–5. Revision of boundaries
In furtherance of the purposes of
(1) Inclusion in the memorial and exclusion from the Coronado National Forest of lots 2 and 7 and a portion of Homestead Entry Survey 310 situated in section 18, township 24 south, range 21 east, Gila and Salt River base and meridian, said portion of Homestead Entry Survey 310 being more particularly described as follows: Beginning at the southwest corner (identified as corner number 1), of Homestead Entry Survey 310, said point being located on the present boundary of Coronado National Memorial and marked by an iron pipe with a brass cap and a rock cairn placed by the United States Bureau of Land Management in 1955; thence north zero degrees thirty-three minutes west, one thousand two hundred ninety-four and twenty-six hundredths feet, more or less, along the west boundary of said tract, which line is also the present boundary of said memorial, to the northeast corner of lot 8, section 18, said point being marked by an iron pipe with a brass cap and a rock cairn placed by the United States Bureau of Land Management in 1955; thence north zero degrees twenty-three minutes east, two hundred thirty and eight-tenths feet, more or less, along the west boundary of Homestead Entry Survey 310 to a point on a circular curve marked by an iron pipe with a National Park Service brass cap, said point being located south eighty-one degrees forty-four minutes east, exactly one hundred forty feet from the point of curvature of said curve; thence southeasterly five hundred forty-eight and two-tenths feet along said circular curve to the right of radius one thousand seven hundred thirty-two and four-tenths feet and having a beginning tangent bearing of south eighty-four degrees three minutes east (from point of curvature to point of intersection), to the point of tangency of said curve; thence south sixty-one degrees sixteen minutes east, two hundred twenty-four and eight-tenths feet to the point of curvature of a circular curve to the right; thence southeasterly two hundred ninety-two and six-tenths feet along said circular curve to the right of radius six thousand twenty-nine and six-tenths feet to the point of tangency of said curve; thence south fifty-eight degrees twenty-nine minutes east, five hundred eighty-eight and seven-tenths feet to the point of curvature of a circular curve to the right; thence southeasterly two hundred twenty-five and nine-tenths feet along said circular curve to the right of radius two thousand two hundred nine and nine-tenths feet to the point of tangency of said curve; thence south fifty-two degrees thirty-eight minutes east, twenty-eight and eight-tenths feet to the point of curvature of a circular curve to the left; thence southeasterly two hundred sixteen and nine-tenths feet along said circular curve to the left of radius one thousand six hundred nine and nine-tenths feet to the point of tangency of said curve; thence south sixty degrees twenty-one minutes east, thirty and seven-tenths feet to the point of curvature of a circular curve to the right; thence southeasterly seven hundred thirteen and six-tenths feet, more or less, along said circular curve to the right of radius one thousand two hundred fifty-four and nine-tenths feet to a point on the southern boundary line of Homestead Entry Survey 310 marked by an iron pipe with a National Park Service brass cap, said point also being located on the present northern boundary line of Coronado National Memorial; thence north eighty-nine degrees forty-nine minutes west two thousand three hundred and sixty-one feet, more or less, along the southern boundary line of Homestead Entry Survey 310, which line is also the present northern boundary of the said memorial, to the point of beginning (all bearings referred to the true meridian).
(2) Inclusion in the Memorial and exclusion from the Coronado National Forest of lots 5 and 6 in section 20, township 24 south, range 21 east, Gila and Salt River base and meridian.
(3) Exclusion from the Memorial and inclusion in the Coronado National Forest of the north half southwest quarter northwest quarter section 13, and the north half southeast quarter northeast quarter section 14, all in township 24 south, range 20 east, Gila and Salt River base and meridian.
(
§450y–6. Acquisition of lands; administration
The Secretary of the Interior is authorized to acquire lands and interests in lands within the revised boundaries of the Coronado National Memorial by purchase, donation, with donated funds, or by such other means as he may consider to be in the public interest. Lands and interests in lands acquired pursuant to this Act shall become a part of the Memorial and be administered by the Secretary of the Interior in accordance with the provisions of
(
References in Text
This Act, referred to in text, means
§450y–7. Authorization of appropriations
There is authorized to be appropriated the sum of not to exceed $3,000 for the purpose of acquiring lands, interests in lands, and improvements thereon as may be necessary for carrying out this Act.
(
References in Text
This Act, referred to in text, means
§450z. Repealed. Pub. L. 94–429, §3(g), Sept. 28, 1976, 90 Stat. 1343
Section, act Oct. 27, 1941, ch. 459,
Mining Rights Existing Prior to September 28, 1976
Section 3 of
§450aa. George Washington Carver National Monument; acquisition of land
The Secretary of the Interior is authorized and directed to acquire, on behalf of the United States, by gift or purchase, the site of the birthplace of George Washington Carver, distinguished Negro scientist, located near Diamond, Missouri, together with such additional land or interests in land and any improvements thereon as the Secretary may deem necessary to carry out the purposes of
(July 14, 1943, ch. 238, §1,
Authorization of Appropriations
Section 4 of act July 14, 1943, as amended Sept. 9, 1950, ch. 940,
Section Referred to in Other Sections
This section is referred to in
§450aa–1. Establishment and supervision
The property acquired under the provisions of
(July 14, 1943, ch. 238, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450aa–2. Maintenance of museum; construction of roads and use of markers
The Secretary of 1 Interior is authorized to—
(1) Maintain, either in an existing structure acquired under the provisions of
(2) Construct roads and mark with monuments, tablets, or otherwise, points of interest within the boundaries of the George Washington Carver National Monument.
(July 14, 1943, ch. 238, §3,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "of the".
§450bb. Harpers Ferry National Historical Park; establishment; acceptance of donations of land, etc.
In order to carry out the purposes of
(June 30, 1944, ch. 328, §1,
Amendments
1994—
1989—
1980—
1974—
Change of Name
Committee on Natural Resources of House of Representatives changed to Committee on Resources of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Word "park" substituted in text for "monument" in view of redesignation of Harpers Ferry National Monument as Harpers Ferry National Historical Park by
Acquisition of Clear and Marketable Title to Additional Park Lands
Section 1(b) of
Authorization of Appropriations
Section 4 of act June 30, 1944, as amended by
Section Referred to in Other Sections
This section is referred to in
§450bb–1. Administration
The property acquired under the provisions of
(June 30, 1944, ch. 328, §2,
Change of Name
Words "national historical park" substituted in text for "national monument" in view of redesignation of Harpers Ferry National Monument as Harpers Ferry National Historical Park by
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450bb–2. Maintenance of museum; acceptance of museum articles; construction of roads, etc.
The Secretary of the Interior is authorized to—
(1) Maintain, either in an existing structure acquired under the provisions of
(2) Construct roads and facilities and mark with monuments, tablets, or otherwise, points of interest within the boundaries of the Harpers Ferry National Historical Park; and
(3) Provide, directly or by contract, subject to the provisions of the Act of June 7, 1974, an interpretive shuttle transportation service within, between, and among lands acquired for the purpose of
(June 30, 1944, ch. 328, §3,
References in Text
Act of June 7, 1974, referred to in par. (3), is
Amendments
1974—Par. (3).
Change of Name
"Harpers Ferry National Historical Park" substituted in text for "Harpers Ferry National Monument" in view of redesignation of Harpers Ferry National Monument as Harpers Ferry National Historical Park by
Section Referred to in Other Sections
This section is referred to in
§450bb–3. Acquisition of additional lands
To further the commemorative purposes of
(
Change of Name
"Harpers Ferry National Historical Park" substituted in text for "Harpers Ferry National Monument" in view of redesignation of Harpers Ferry National Monument as Harpers Ferry National Historical Park by
Section Referred to in Other Sections
This section is referred to in
§450bb–4. Acceptance and purchase of lands and improvements; payment; exchange of lands
(a) The Secretary of the Interior may accept the conveyance of all right, title, and interest of the trustees of Storer College in and to the lands and improvements in Harpers Ferry, West Virginia, granted to their predecessors for educational purposes pursuant to section 2 of the Act of December 15, 1868 (
(b) To facilitate the acquisition of the original site of the engine house known as John Brown's "Fort" and the old Federal arsenal, the Secretary of the Interior is authorized to exchange therefor federally owned park lands or interests in lands of approximately equal value in the vicinity of Cumberland, Maryland, which he finds are no longer required for park purposes.
(
References in Text
Section 2 of the Act of December 15, 1868, referred to in subsec. (a), means act Dec. 15, 1868, ch. 2, §2,
Section Referred to in Other Sections
This section is referred to in
§450bb–5. Authorization of appropriations
There are authorized to be appropriated such sums, not to exceed $300,000, as may be necessary for the purchase of lands, interests therein, and improvements thereon pursuant to
(
§450bb–6. Change in name of Harpers Ferry National Monument
The Harpers Ferry National Monument established pursuant to
(
§450cc. Castle Clinton National Monument; establishment
The Secretary of the Interior is authorized to accept, on behalf of the United States, title to the site, comprising approximately one acre and situated in Battery Park, New York City, of the historic structure known as Castle Clinton, together with such structure and any other improvement on or appurtenant to such site. When title to such property is vested in the United States, it shall constitute the Castle Clinton National Monument.
(Aug. 12, 1946, ch. 954, §1,
Preservation and Administration of Castle Clinton National Monument
Study by New York City National Shrines Advisory Board concerning preservation and administration of Castle Clinton National Monument, see act Aug. 11, 1955, ch. 779,
§450cc–1. Administration, protection, and development
The administration, protection, and development of the Castle Clinton National Monument shall be under the supervision of the Secretary of the Interior, subject to the provisions of
(Aug. 12, 1946, ch. 954, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450dd. De Soto National Memorial; establishment
For the purpose of establishing an appropriate memorial to Hernando De Soto, the Secretary of the Interior is authorized, in his discretion, to acquire on behalf of the United States, by donation, by purchase with donated funds when purchaseable 1 at prices deemed by him reasonable, or by condemnation with donated funds, such lands and interests in land within an area of not to exceed thirty acres as he may select in the vicinity of Tampa Bay and Bradenton, Florida, and to construct thereon a suitable memorial structure, together with such connecting roads and public facilities as may be desirable.
(Mar. 11, 1948, ch. 109, §1,
Amendments
1960—
Authorization of Appropriations
Section 3 of act Mar. 11, 1948, as amended Aug. 21, 1950, ch. 768,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "purchasable".
§450dd–1. Administration
Upon a determination by the Secretary of the Interior that sufficient land has been acquired by the United States for the memorial, such property shall be established as the "De Soto National Memorial", and shall be administered by the Secretary of the Interior, through the National Park Service, for the benefit of the people of the United States. An order of the Secretary of the Interior, constituting notice of such establishment, shall be published in the Federal Register. Insofar as applicable and not in conflict with this section and
(Mar. 11, 1948, ch. 109, §2,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450ee. Fort Sumter National Monument; establishment
The Secretary of the Army is authorized and directed to transfer, without consideration, to the Secretary of the Interior title to the site of the historic structure known as Fort Sumter, situated in Charleston Harbor, Charleston, South Carolina, together with such buildings and other improvements as are appurtenant to such site.
(Apr. 28, 1948, ch. 239, §1,
§450ee–1. Administration
The property acquired by the Secretary of the Interior under this joint resolution shall constitute the Fort Sumter National Monument and shall be a public national memorial commemorating historical events at or near Fort Sumter. The Director of the National Park Service under the direction of the Secretary of the Interior shall have the supervision, management, and control of such national monument, and shall maintain and preserve it for the benefit and enjoyment of the people of the United States, subject to the provisions of
(Apr. 28, 1948, ch. 239, §2,
References in Text
This joint resolution, referred to in text, means act Apr. 28, 1948, which is classified to
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450ff. Fort Vancouver National Historic Site; establishment
For the purpose of establishing a Federal area of national historical importance for the benefit of the people of the United States, to be known as the "Fort Vancouver National Historic Site," the Administrator of General Services and the Secretary of the Army are authorized to transfer to the Secretary of the Interior, without exchange of funds, administrative jurisdiction over such federally owned lands and other property, real or personal, under their jurisdiction, including the site of the old Hudson's Bay Company stockade in the State of Washington, as they shall find to be surplus to the needs of their respective agencies, such properties to be selected, with their approval, by the Secretary of the Interior for inclusion within the national historic site.
(June 19, 1948, ch. 546, §1,
Change of Name
Words "national historic site" substituted in text for "national monument" in view of redesignation of Fort Vancouver National Monument as Fort Vancouver National Historic Site by
Transfer of Functions
"Administrator of General Services" substituted in text for "Administrator of the War Assets Administration" pursuant to act June 30, 1949, which transferred functions of Administrator of War Assets Administration and War Assets Administration to Administrator of General Services and General Services Administration.
Section Referred to in Other Sections
This section is referred to in
§450ff–1. Size of site; effective date; additional lands
The total area of the national historic site as established or as enlarged by transfers pursuant to
(June 19, 1948, ch. 546, §2,
Change of Name
Words "national historic site" and "historic site" substituted in text for "national monument" and "monument", respectively, in view of redesignation of Fort Vancouver National Monument as Fort Vancouver National Historic Site by
Section Referred to in Other Sections
This section is referred to in
§450ff–2. Administration, protection, and development
The administration, protection, and development of the aforesaid national historic site shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of
(June 19, 1948, ch. 546, §3,
Change of Name
Words "national historic site" substituted in text for "national monument" in view of redesignation of Fort Vancouver National Monument as Fort Vancouver National Historic Site by
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
Section Referred to in Other Sections
This section is referred to in
§450ff–3. Revision of boundaries
For the purpose of preserving certain historic properties associated with the Fort Vancouver National Historic Site, established pursuant to
(
Change of Name
"National Historic Site" and "historic site" substituted in text for "National Monument" and "monument", respectively, in view of redesignation of Fort Vancouver National Monument as Fort Vancouver National Historic Site by
§450ff–4. Acquisition of lands
The Secretary of the Interior may acquire in such manner as he may consider to be in the public interest the non-Federal lands and interests in lands within the revised boundaries.
(
§450ff–5. Administrative jurisdiction of Federal lands
The heads of executive departments may transfer to the Secretary of the Interior, without exchange of funds, administrative jurisdiction over such federally owned lands and other property under their administrative jurisdictions within the revised boundary as may become excess to the needs of their respective agencies, for inclusion in the Fort Vancouver National Historic Site.
(
Change of Name
"National Historic Site" substituted in text for "National Monument" in view of redesignation of Fort Vancouver National Monument as Fort Vancouver National Historic Site by
§450ff–6. Change in name of Fort Vancouver National Monument
Fort Vancouver National Monument is redesignated Fort Vancouver National Historic Site.
(
§§450gg to 450gg–3. Repealed. Pub. L. 91–660, §5, Jan. 8, 1971, 84 Stat. 1969
Sections, act July 2, 1948, ch. 806, §§1–4,
§450hh. Saint Croix Island International Historic Site; establishment; acceptance of land; size
For the purpose of establishing a Federal area of national historical importance for the benefit of the people of the United States, the Secretary of the Interior is authorized to accept, for national monument purposes, on behalf of the United States, the donation of all non-Federal lands and interests in land situated on Saint Croix (Dochet) Island, located in the Saint Croix River, in the State of Maine. The Secretary is authorized to acquire, in such manner as he may consider to be in the public interest, not to exceed fifty acres of land or interests therein situated on the mainland, such property to be used for general administrative purposes and for a landing dock in order to provide a suitable approach and ready access to the island.
(June 8, 1949, ch. 180, §1,
Authorization of Appropriations
Section 4 of act June 8, 1949, provided that: "There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [
§450hh–1. Designation; acquisition of additional lands; lands excluded
Upon a determination by the Secretary of the Interior that sufficient land and interests in land situated on the island have been acquired by the United States for the establishment of a suitable national monument, such acquired property, and any Federal properties on the island that are not required for other public purposes, shall be established as the "Saint Croix Island International Historic Site". An order of the Secretary of the Interior, constituting notice of such determination, shall be published in the Federal Register. Following establishment of the national monument, other properties situated upon the island may become a part of the monument upon acquisition of title to such properties by the United States, and Federal properties situated upon the island, upon a determination by the agency administering such Federal properties that they are no longer required by that agency, may be transferred to the Secretary of the Interior by such agency to become a part of the national monument. Notice of the addition of any such properties to the monument shall be published in the Federal Register by the Secretary of the Interior. There shall be excluded from the national monument, for such time as the United States Coast Guard shall consider it to be necessary, any portion of the island which is being used and which is required for the purposes of a Coast Guard light station.
(June 8, 1949, ch. 180, §2,
Change of Name
"That (a) in recognition of its historic significance to the United States and Canada, the Saint Croix Island National Monument in the State of Maine is hereby redesignated as the 'Saint Croix Island International Historic Site'.
"(b) Any reference in a law, map, regulation, document, record, or other paper of the United States to such monument shall be deemed to be a reference to the 'Saint Croix Island International Historic Site'.
"(c) Nothing in this joint resolution shall affect the status of the 'Saint Croix Island International Historic Site' as a national monument and a unit of the National Park System."
§450hh–2. Administration
The national monument shall be administered by the Secretary of the Interior, through the National Park Service, subject to the provisions of
(June 8, 1949, ch. 180, §3,
Transfer of Functions
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174,
§450ii. Joshua Tree National Monument; revision of boundaries
Joshua Tree National Monument, in the State of California, established by Proclamation Numbered 2193, of August 10, 1936 (
san bernardino meridian
Township 1 south, range 5 east, sections 22 to 27, inclusive, and sections 34 to 36, inclusive; township 2 south, range 5 east, portion of east half lying north of the north right-of-way line of the Colorado River aqueduct but excluding therefrom that portion of the Long Canyon Camp and dump area in section 27; township 1 south, range 6 east, sections 19 to 36, inclusive; township 2 south, range 6 east, sections 1 to 30, inclusive, that portion of section 31 lying north of the north right-of-way line of the Colorado River aqueduct, and sections 32 to 36, inclusive; township 3 south, range 6 east, portion lying north of the north right-of-way line of the Colorado River aqueduct but excluding therefrom that portion of the Deception Camp and dump area in section 14, that portion of the West Deception Camp and dump area in section 10, and the portions of the East Wide Canyon Camps and dump areas in sections 5 and 6; township 1 south, range 7 east, sections 1 to 4, inclusive, and 9 to 15, inclusive, unsurveyed, section 16, sections 19 to 23, inclusive, section 24, unsurveyed, and sections 25 to 36, inclusive; township 2 south, range 7 east; township 3 south, range 7 east, portion lying north of the north right-of-way line of the Colorado River aqueduct but excluding therefrom that portion of the Fan Hill Camp and dump area in section 20; township 1 south, range 8 east, partly unsurveyed; townships 2 and 3 south, range 8 east; township 1 south, range 9 east, sections 5 to 9, inclusive, sections 16 to 23, inclusive, and sections 26 to 35, inclusive; township 2 south, range 9 east, sections 2 to 11, inclusive, and sections 14 to 36, inclusive, partly unsurveyed; township 3 south, range 9 east; township 4 south, range 9 east; sections 1 to 5, inclusive, and sections 11 to 14, inclusive; township 2 south, range 10 east, sections 25 to 36, inclusive, unsurveyed; township 3 south, range 10 east, partly unsurveyed; township 4 south, range 10 east, sections 1 to 18, inclusive, sections 22 to 26, inclusive, and sections 35 and 36; township 5 south, range 10 east, section 1; township 2 south, range 11 east, sections 25 to 36, inclusive, unsurveyed; townships 3 and 4 south, range 11 east, partly unsurveyed; township 5 south, range 11 east, sections 1 to 18, inclusive, sections 22 to 27, inclusive, and sections 34, 35, and 36; township 6 south, range 11 east, portion of sections 1, 2, and 3 lying north of north transmission line right-of-way which is adjacent to the north right-of-way line of the Colorado River aqueduct but excluding therefrom the Aggregate Deposit in section 3; township 2 south, range 12 east, section 13 and sections 23 to 36, inclusive, partly unsurveyed; townships 3 and 4 south, range 12 east, partly unsurveyed; township 5 south, range 12 east, sections 1 to 24, inclusive, and sections 26 to 34, inclusive, partly unsurveyed, and portions of sections 25 and 35 lying north of north transmission line right-of-way which is adjacent to the north right-of-way line of the Colorado River aqueduct; township 6 south, range 12 east, portions of sections 2, 3, 4, 5, 6, and 10, lying north of north transmission line right-of-way which is adjacent to the north right-of-way line of the Colorado River aqueduct but excluding therefrom the Bumpani's Aggregate Deposit in section 4; township 2 south, range 13 east, sections 1 and 2 and sections 7 to 36, inclusive, partly unsurveyed; township 3 south, range 13 east, sections 1 to 18, inclusive, partly unsurveyed; township 5 south, range 13 east, sections 6, 7, 18, and 19, unsurveyed; township 1 south, range 14 east, sections 33 to 36, inclusive, partly unsurveyed; township 2 south, range 14 east, partly unsurveyed; township 3 south, range 14 east, sections 1 to 18, inclusive, partly unsurveyed; township 1 south, range 15 east, sections 31 to 35, inclusive, partly unsurveyed; township 2 south, range 15 east, sections 2 to 36, inclusive, partly unsurveyed; township 3 south, range 15 east, sections 1 to 12, inclusive, partly unsurveyed, and section 18, unsurveyed; township 2 south, range 16 east, sections 18, 19, 30, and 31, unsurveyed; and township 3 south, range 16 east, sections 6 and 7 unsurveyed. Also, all that portion of the south half of the northeast quarter and of the north half of the southeast quarter of section 33, township 1 north, range 9 east, San Bernardino base and meridian, in the county of San Bernardino, State of California, shown on map titled "Record of Survey" by H. F. Cameron, Junior, licensed engineer 6826, dated December 29, 1948, and James B. Hommon, licensed engineer 6916, dated October 5, 1949, and made for the National Park Service, Department of the Interior, and recorded October 17, 1949, in volume 7, page 72, of the official records of the county of San Bernardino, said land being described as follows:
Beginning at the United States Government Land Office monument marked as the east quarter corner of said section 33, thence proceeding on a true bearing south 89 degrees 02 minutes 10 seconds west a distance of 50.01 feet to the true point of beginning of the hereinafter described parcel of land;
Thence north 0 degrees 02 minutes 55 seconds west a distance of 250.08 feet to a point of curve; thence along the arc of a curve to the left having a radius of 20.00 feet a distance of 31.73 feet to a point of tangency; thence south 89 degrees 02 minutes 40 seconds west a distance of 2,559.24 feet; thence south 0 degrees 19 minutes 50 seconds east a distance of 270.76 feet;
Thence south 0 degrees 21 minutes 02 seconds east a distance of 409.32 feet to the beginning of a curve; thence along the arc of a curve to the left having a radius of 280.98 feet a distance of 275.93 feet to a point of compound curvature; thence along the arc of a curve to the left having a radius of 800.00 feet a distance of 753.98 feet to a point of tangency; thence north 69 degrees 22 minutes 58 seconds east a distance of 125.31 feet to the beginning of a curve;
Thence along the arc of a curve to the right having a radius of 1,400.00 feet a distance of 1.042.74 feet to a point of tangency; thence south 67 degrees 56 minutes 33 seconds east a distance of 94.55 feet to the beginning of a curve; thence along the arc of a curve to the left having a radius of 700.00 feet a distance of 366.52 feet to a point of compound curvature;
Thence along the arc of a curve to the left having a radius of 167.60 feet a distance of 240.17 feet to a point of tangency; thence north 0 degrees 02 minutes 55 seconds west a distance of 648.91 feet to the point of beginning containing 57.839 acres, more or less.
(Sept. 25, 1950, ch. 1030, §1,
Amendments
1961—
Abolition of Joshua Tree National Monument
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see
Section Referred to in Other Sections
This section is referred to in
§450ii–1. Excluded lands opened to entry under mining laws
All public-domain lands included before September 25, 1950, within the Joshua Tree National Monument which are eliminated from the National Monument by
(Sept. 25, 1950, ch. 1030, §2,
Abolition of Joshua Tree National Monument
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see
Section Referred to in Other Sections
This section is referred to in
§450ii–2. Continuation of leases, permits, and licenses
All leases, permits, and licenses issued or authorized by any department, establishment, or agency of the United States, with respect to the Federal lands excluded from the Joshua Tree National Monument by
(Sept. 25, 1950, ch. 1030, §3,
Abolition of Joshua Tree National Monument
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see
Section Referred to in Other Sections
This section is referred to in
§450ii–3. Survey and report of mineral value
The Secretary of the Interior is authorized and directed, through the United States Bureau of Mines, the United States Geological Survey, and the National Park Service, to cause a survey to be made of the area within the revised boundaries of the Joshua Tree National Monument with a view to determining to what extent the said area is more valuable for minerals than for the National Monument purposes for which it was created. Report of said survey shall be filed with the President of the United States Senate and the Speaker of the House of Representatives on or before February 1, 1951.
(Sept. 25, 1950, ch. 1030, §4,
Change of Name
"United States Bureau of Mines" substituted in text for "Bureau of Mines" pursuant to section 10(b) of
"United States Geological Survey" substituted in text for "Geological Survey" pursuant to provision of title I of
Abolition of Joshua Tree National Monument
Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see
Section Referred to in Other Sections
This section is referred to in
§450jj. Jefferson National Expansion Memorial; authorization
There is authorized to be constructed by the Secretary of the Interior upon the Jefferson National Expansion Memorial National Historic Site, Saint Louis, Missouri, an appropriate national memorial to those persons who made possible the territorial expansion of the United States, including President Thomas Jefferson and his aides, Livingston and Monroe, who negotiated the Louisiana Purchase, the great explorers, Lewis and Clark, and the hardy hunters, trappers, frontiersmen, pioneers, and others who contributed to such expansion.
(May 17, 1954, ch. 204, §1,
Short Title of 1984 Amendment
Disposition of Funds Received by National Park Service as Reimbursement for Costs Incurred
Authorization of Appropriations; Federal and Non-Federal Ratio of Expenditures
Section 11, formerly section 4, of act May 17, 1954, as amended by
"(a) There is hereby authorized to be appropriated not to exceed $32,750,000 to carry out the purposes of this Act [
"(b)(1) For the purposes of the East St. Louis portion of the memorial, there are authorized to be appropriated $2,000,000 for land acquisition and, subject to the provisions of paragraphs (2) and (3), such sums as may be necessary for development: Provided, That such authorization shall not include any sums for the acquisition, removal, or relocation of the grain elevator and business located within the East St. Louis unit of the Memorial. Such development shall be consistent with the level of development described in phase one of the draft Development and Management Plan and Environmental Assessment, East St. Louis Addition to Jefferson National Expansion Memorial—Illinois/Missouri, dated August 1987.
"(2) Federal funds expended under paragraph (1) for development may not exceed 75 percent of the actual cost of such development. The remaining share of such actual costs shall be provided from non-Federal funds, services, or materials, or a combination thereof, fairly valued as determined by the Secretary. Any non-Federal expenditures for the acquisition, removal, or relocation of the grain elevator and business shall be included as part of the non-Federal cost share: Provided, That credit shall not be given for any such expenditures which exceed the cost of acquisition, removal, or relocation of the grain elevator and business located within the East St. Louis unit of the Memorial if such action had been accomplished by the Federal Government as determined by the Secretary under existing law: Provided further, That only those non-Federal funds expended at least sixty days after the transmission of the report referred to in paragraph (3) for the removal of such grain elevator shall be credited towards the non-Federal cost share. For the purposes of this paragraph, the Secretary may accept and utilize for such purposes any non-Federal funds, services, and materials so contributed.
"(3) Within one year after the date of enactment of this paragraph [Aug. 26, 1992], the Secretary, in direct consultation with the city of East St. Louis, Gateway Arch Park Expansion, and the Southwestern Illinois Development Authority, shall develop and transmit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs [now Committee on Natural Resources] of the United States House of Representatives a study of alternatives to, and costs associated with, the removal of the grain elevator located within the East St. Louis unit of the Memorial. The study shall contain, but need not be limited to, at least one alternative which would incorporate and retain the existing grain elevator into the draft development and management plan and environmental assessment referred to in paragraph (1).
"(c) Funds appropriated under subsection (b) of this section shall remain available until expended."
Section Referred to in Other Sections
This section is referred to in
§450jj–1. Construction of memorial
(a) Plan; contracts; employment and compensation of personnel
The memorial authorized herein shall be constructed in general, in accordance with the plan approved by the United States Territorial Expansion Memorial Commission on May 25, 1948. The Secretary of the Interior is authorized to enter into such contracts as may be necessary to carry out the purposes of
(b) Easements; above-ground parking
The Secretary of the Interior, in connection with the construction and operation of the memorial, is authorized to grant such easements as are in the public interest, and, in his discretion, to convey to the city of Saint Louis for above-ground parking structures, under such terms and conditions as he may consider to be compatible with maintaining the integrity, appearance, and purposes of said memorial, such portion of the historic site as may in his judgment be excluded therefrom without detriment thereto, subject, however, to reversion of such portion of the historic site to the United States if such excluded area ceases to be used for parking purposes by said city.
(c) Easements; public protection
The Secretary of the Interior is authorized to grant easements for the purpose of erecting under-ground structures suitable for public protection under such terms and conditions as he may consider to be compatible with maintaining the integrity, appearance, and purposes of said memorial.
(May 17, 1954, ch. 204, §2,
References in Text
Herein, referred to in subsec. (a), means act May 17, 1954, which is generally classified to
The civil-service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and Employees. See, particularly,
Codification
In subsec. (a), "
§450jj–2. Railroad agreement as condition precedent to undertaking memorial project
The memorial project authorized herein shall not be undertaken until there shall have been reached an agreement satisfactory to the Secretary of the Interior providing for the relocation of the railroad tracks and structures now situated on lands adjacent to the Jefferson National Expansion Memorial National Historic Site, between the boundary of the site and the river. Such agreement shall contain such terms as may be deemed desirable by the Secretary but shall contain a provision limiting the Federal expenditure of funds in connection with such relocation of the tracks and structures to work undertaken within the historic site area.
(May 17, 1954, ch. 204, §3,
References in Text
Herein, referred to in text, means act May 17, 1954, which is generally classified to
§450jj–3. Designation of additional land by Secretary; manner of acquiring additional land
(a) There is hereby designated for addition to the Jefferson National Expansion Memorial (hereinafter in
(b) Within the area designated in accordance with this section, the Secretary of the Interior may acquire lands and interests in lands by donation, purchase with donated or appropriated funds, or exchange, except that lands owned by the State of Illinois or any political subdivision thereof may be acquired only by donation.
(May 17, 1954, ch. 204, §4, as added Aug. 24, 1984,
Prior Provisions
A prior section 4 of act May 17, 1954, was renumbered section 11 by
Amendments
1992—Subsec. (a).
Compliance With Congressional Budget Act
Section 202 of title II of
Section Referred to in Other Sections
This section is referred to in
§450jj–4. Transfer of land
Where appropriate in the discretion of the Secretary of the Interior, he may transfer by lease or otherwise, to any appropriate person or governmental entity, land owned by the United States (or any interest therein) which has been acquired by the Secretary under
(1) the continuation of existing uses of the land which are compatible with the Memorial,
(2) the protection of the important historical resources of the leased area, and
(3) the retention by the Secretary of such access and development rights as the Secretary deems necessary to provide for appropriate visitor use and resource management.
In transferring any lands or interest in lands under this section, the Secretary shall take into account the views of the Commission established under
(May 17, 1954, ch. 204, §5, as added Aug. 24, 1984,
Prior Provisions
A prior section 5 of act May 17, 1954, contained a limitation on appropriation authorization and a prohibition on expenditure of Government funds and was classified as a note under
§450jj–5. Administration of Memorial; cooperation with State and local governments and private sector
Lands and interests in lands acquired pursuant to
(May 17, 1954, ch. 204, §6, as added Aug. 24, 1984,
§450jj–6. Jefferson National Expansion Memorial Commission
(a) Establishment
There is hereby established the Jefferson National Expansion Memorial Commission (hereinafter in
(b) Composition
The Commission shall be composed of twenty members as follows:
(1) The county executive of Saint Louis County, Missouri, ex officio, or a delegate.
(2) The chairman of the Saint Clair County Board of Supervisors, Illinois, ex officio, or a delegate.
(3)(A) The executive director of the Bi-State Development Agency, Saint Louis, Missouri, ex officio, or a delegate.
(B) A member of the Bi-State Development Agency, Saint Louis, Missouri, who is not a resident of the same State as the executive director of such agency, appointed by a majority of the members of such agency, or a delegate.
(4) The mayor of the city of East Saint Louis, Illinois, ex officio, or a delegate.
(5) The mayor of Saint Louis, Missouri, ex officio, or a delegate.
(6) The Governor of the State of Illinois, ex officio, or a delegate.
(7) The Governor of the State of Missouri, ex officio, or a delegate.
(8) The Secretary of the Interior, ex officio, or a delegate.
(9) The Secretary of Housing and Urban Development, ex officio, or a delegate.
(10) The Secretary of Transportation, ex officio, or a delegate.
(11) The Secretary of the Treasury, ex officio, or a delegate.
(12) The Secretary of Commerce, ex officio, or a delegate.
(13) The Secretary of the Smithsonian Institution, ex officio, or a delegate.
(14) Three individuals appointed by the Secretary of the Interior from a list of individuals nominated by the mayor of East Saint Louis, Illinois, and the Governor of the State of Illinois.
(15) Three individuals appointed by the Secretary of the Interior from a list of individuals nominated by the mayor of Saint Louis, Missouri, and the Governor of the State of Missouri.
Individuals nominated for appointment under paragraphs (14) and (15) shall be individuals who have knowledge and experience in one or more of the fields of parks and recreation, environmental protection, historic preservation, cultural affairs, tourism, economic development, city planning and management, finance, or public administration. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(c) Term of office of members
(1) Except as provided in paragraphs (2) and (3), members of the Commission shall be appointed for terms of three years.
(2) Of the members of the Commission first appointed under paragraphs (14) and (15) of subsection (c) of this section—
(A) two shall be appointed for terms of one year;
(B) two shall be appointed for terms of two years; and
(C) two shall be appointed for terms of three years;
as designated by the Secretary of the Interior at the time of appointment.
(3) Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member of the Commission may serve after the expiration of his term until his successor has taken office.
(d) Compensation of members; travel expenses and per diem
Members of the Commission shall receive no pay on account of their service on the Commission, but 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
(e) Chairperson
The chairperson of the Commission shall be elected by the members of the Commission.
(f) Assistance from Federal agencies
Upon request of the Commission, the head of any Federal agency represented by members on the Commission may detail any of the personnel or 1 such agency, or provide administrative services to the Commission to assist the Commission in carrying out the Commission's duties under
(g) Gifts, bequests, or donations
The Commission may, for the purposes of carrying out the Commission's duties under
(h) Termination; extension
(1) Except as provided in paragraph (2), the Commission shall terminate on the day occurring ten years after August 24, 1984.
(2) The Secretary of the Interior may extend the life of the Commission for a period of not more than five years beginning on the day referred to in paragraph (1) if the Commission determines that such extension is necessary in order for the Commission to carry out
(May 17, 1954, ch. 204, §7, as added Aug. 24, 1984,
1 So in original. Probably should be "of".
§450jj–7. Development and management plan for East Saint Louis, Illinois, portion of Memorial
(a) Within two years from August 24, 1984, the Commission shall develop and transmit to the Secretary a development and management plan for the East Saint Louis, Illinois, portion of the Memorial. The plan shall include—
(1) measures for the preservation of the area's resources;
(2) indications of types and general intensities of development (including visitor circulation and transportation patterns, systems, and modes) associated with public enjoyment and use of the area, including general locations, timing of implementation, and cost estimates;
(3) identification of any implementation commitments for visitor carrying capacities for all areas of the area;
(4) indications of potential modifications to the external boundaries of the area, the reasons therefore,1 and cost estimates;
(5) measures and commitments for insuring that the development, management, and operation of the area in the State of Illinois are compatible with the portion of the Memorial in the State of Missouri;
(6) opportunities and commitments for cooperative activities in the development, management, and operation of the East Saint Louis portion of the Memorial with other Federal, State, and local agencies, and the private sector; and
(7) effective and appropriate ways to increase local participation in the management of the East Saint Louis portion of the Memorial to help reduce the day-to-day operational and management responsibilities of the National Park Service and to increase opportunities for local employment.
(b) The plan shall also identify and include—
(1) needs, opportunities, and commitments for the aesthetic and economic rehabilitation of the entire East Saint Louis, Illinois, waterfront and adjacent areas, in a manner compatible with and complementary to, the Memorial, including the appropriate commitments and roles of the Federal, State, and local governments and the private sector; and
(2) cost estimates and recommendations for Federal, State, and local administrative and legislative actions.
In carrying out its duties under this section, the Commission shall take into account Federal, State, and local plans and studies respecting the area, including the study by the National Park Service on the feasibility of a museum of American ethnic culture to be a part of any development plans for the Memorial.
(May 17, 1954, ch. 204, §8, as added Aug. 24, 1984,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "therefor,".
§450jj–8. Repealed. Pub. L. 102–355, §1(2), Aug. 26, 1992, 106 Stat. 947
Section, act May 17, 1954, ch. 204, §9, as added Aug. 24, 1984,
§450jj–9. Activities in Memorial area pending submission of plan
Pending submission of the Commission's plan, any Federal entity conducting or supporting significant activities directly affecting East Saint Louis, Illinois, generally and the site specifically referred to in
(1) consult with the Secretary of the Interior and the Commission with respect to such activities;
(2) cooperate with the Secretary of the Interior and the Commission in carrying out their duties under
(3) to the maximum extent practicable, conduct or support such activities in a manner which the Secretary determines will not have an adverse effect on the Memorial.
(May 17, 1954, ch. 204, §10, as added Aug. 24, 1984,
Section Referred to in Other Sections
This section is referred to in
§450kk. Fort Union National Monument; acquisition of site and other lands; reversions and reservations
In order to preserve and protect, in the public interest, the historic Old Fort Union, situated in the county of Mora, State of New Mexico, and to provide adequate public access thereto, the Secretary of the Interior is authorized to acquire on behalf of the United States by donation, or he may procure with donated funds, the site and remaining structures of Old Fort Union, together with such additional land, interests in land, and improvements thereon as the Secretary in his discretion may deem necessary to carry out the purposes of this section and
(June 28, 1954, ch. 401, §1,
Section Referred to in Other Sections
This section is referred to in
§450kk–1. Establishment; publication in Federal Register; additional properties
Upon a determination of the Secretary of the Interior that sufficient land and other property have been acquired by the United States for national-monument purposes, as provided in
Following establishment of the national monument, additional properties may be acquired as provided in
(June 28, 1954, ch. 401, §2,
Section Referred to in Other Sections
This section is referred to in
§450ll. Booker T. Washington National Monument; acquisition of site
The Secretary of the Interior is authorized and directed to acquire, on behalf of the United States, by gift, purchase, or condemnation, all right, title, and interest in and to the real property located at Booker Washington Birthplace, Virginia.
(Apr. 2, 1956, ch. 158, §1,
Authorization of Appropriations
Section 4 of act Apr. 2, 1956, as amended by
Section Referred to in Other Sections
This section is referred to in
§450ll–1. Establishment and supervision
The real property acquired under
(Apr. 2, 1956, ch. 158, §2,
§450ll–2. Maintenance of museum; provision for parks, construction of roads and use of markers
The Secretary of the Interior is authorized to—
(1) maintain, either in an existing structure acquired under
(2) provide for public parks and recreational areas, construct roads and mark with monuments, tablets, or otherwise, points of interest, within the boundaries of the Booker T. Washington National Monument.
(Apr. 2, 1956, ch. 158, §3,
§450mm. Fort Clatsop National Memorial; establishment
For the purpose of commemorating the culmination, and the winter encampment, of the Lewis and Clark Expedition following its successful crossing of the North American Continent, there is authorized to be established, in the manner provided herein, Fort Clatsop National Memorial.
(
§450mm–1. Designation of land and improvements; size
The Secretary of the Interior shall designate for inclusion in Fort Clatsop National Memorial land and improvements thereon located in Clatsop County, Oregon, which are associated with the winter encampment of the Lewis and Clark Expedition, known as Fort Clatsop, including the site of the salt cairn (specifically, lot number 18, block 1, Cartwright Park Addition of Seaside, Oregon) utilized by that expedition and adjacent portions of the old trail which led overland from the fort to the coast: Provided, That the total area so designated shall contain no more than one hundred and thirty acres.
(
Amendments
1978—
Section Referred to in Other Sections
This section is referred to in
§450mm–2. Acquisition of lands
Within the area designated pursuant to
(
§450mm–3. Effective date; administration
Establishment of Fort Clatsop National Memorial shall be effected when there is vested in the United States of America title to not less than one hundred acres of land associated with the historical events to be commemorated. Following its establishment, Fort Clatsop National Memorial shall be administered by the Secretary of the Interior pursuant to
(
§450nn. General Grant National Memorial; establishment
The Secretary of the Interior is authorized and directed to accept, as a gift to the United States, title to the real property known as Grant's Tomb at Riverside Drive and West One Hundred and Twenty-Second Street in New York, New York, and thereafter to administer and maintain such real property as the General Grant National Memorial.
(
§450oo. Grand Portage National Monument; establishment; effective date
For the purpose of preserving an area containing unique historical values, there is authorized to be established, in the manner hereinafter provided, the Grand Portage National Monument in the State of Minnesota which, subject to valid existing rights, shall comprise the following described lands:
northwest company area
Tract numbered 1 beginning at a point about 28 feet from the water line of Lake Superior and on the east boundary of the southwest quarter of the southeast quarter of section 4, said point marked by a brass plug numbered I; thence northerly along said boundary line a distance of 273.70 feet to a point marked by a brass plug numbered II; thence in a westerly direction parallel to the south one-sixteenth line of section 4 a distance of 1,320 feet to the intersection of said line with the north-south quarter line of section 4, said point of intersection being in the bed of a stream and witnessed by an iron pipe located 60 feet southerly from said point and on the north-south quarter line, and on the west bank of said stream; thence southerly along said north-south quarter line a distance of 120 feet to the point of intersection of said north-south quarter line and the south one-sixteenth line of section 4 marked by an iron pipe set in concrete; thence westerly along said one-sixteenth line a distance of 120 feet to a point in path marked by brass plug numbered IV; thence southerly in a direction parallel to the north-south quarter line of section 4 a distance of 660 feet to an iron bolt in road intersection; thence westerly parallel to the south one-sixteenth line of section 4 a distance of 1,200 feet to the point of intersection of said line with the west one-sixteenth line of said section 4 and marked by a brass plug numbered VI; thence southerly along said west one-sixteenth line a distance of 1,760 feet to a point marked by a brass plug numbered VII; thence easterly along a line parallel to the north section line of section 9 a distance of 486.21 feet to a point marked by an inclined iron pipe, said point being the point where the said iron pipe enters the concrete; thence along the said line extended a distance of approximately 39 feet to the water's edge; thence along the shore line of Lake Superior to the point where said shore line intersects the east one-sixteenth line of section 4 extended; thence northerly along said one-sixteenth line to place of beginning, all being located in sections 4 and 9, township 63, north, range 6 east, in Grand Portage Indian Reservation, State of Minnesota. Right-of-way for existing Bureau of Indian Affairs roads within the above described parcel of land is excluded therefrom.
Tract numbered 2 beginning at the point on the west one-sixteenth line of section 9 marked by brass plug numbered VII referred to in the description of tract numbered 1 above, thence westerly along a line parallel to the north section line of section 9 a distance of 275 feet to a point marked by an iron pipe; thence northerly along a line parallel to the west one-sixteenth line of section 9 a distance of 443.63 feet to a point marked by an iron pipe; thence easterly along a line parallel to the north section line of section 9 to the point of intersection of west one-sixteenth line of section 9; thence southerly along said one-sixteenth line to point of beginning, all lying in section 9 of township 63 north, range 6 east, in the Grand Portage Indian Reservation, State of Minnesota.
fort charlotte area
The northeast quarter, section 29, township 64 north, range 5 east, or such lands within this quarter section as the Secretary of the Interior shall determine to be necessary for the protection and interpretation of the site of Fort Charlotte.
grand portage trail section
A strip of land 100 feet wide centering along the old Portage Trail beginning at the point where the trail intersects the present road to Grand Portage School, and continuing to the proposed United States Highway 61 right-of-way relocation in the northeast quarter of the northwest quarter, section 4, township 63 north, range 6 east, a strip of land 600 feet wide centering along the old Portage Trail as delineated on original General Land Office survey maps, from the north side of the proposed right-of-way to lands described at the Fort Charlotte site.
Establishment of the foregoing areas as the Grand Portage National Monument shall be effective when title to that portion of the aforesaid lands and interests in lands which is held in trust by the United States of America for the Minnesota Chippewa Tribe and the Grand Portage Band of Chippewa Indians, Minnesota, has been relinquished in accordance with
(
Section Referred to in Other Sections
This section is referred to in
§450oo–1. Acceptance of donations of land; instruments of relinquishment; life assignments
The Secretary of the Interior is authorized to accept, as a donation, the relinquishment of all right, title, and interest of the Minnesota Chippewa Tribe and the Grand Portage Band of Chippewa Indians, Minnesota, in and to any of the lands described in
(
Section Referred to in Other Sections
This section is referred to in
§450oo–2. Procurement of other lands within monument
The Secretary of the Interior is authorized to procure any and all other lands or interests therein within the monument, including, but not limited to, any and all nontrust lands therein owned in fee simple by the Grand Portage Band of Chippewa Indians, Minnesota, and the council of said band is authorized to sell and convey such nontrust lands to the United States of America.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–3. Visitor accommodations and services
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–4. Employment preferences
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–5. Production and sale of handicraft objects; noninterference with trade or business outside monument
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–6. Traversing privileges; regulations
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–7. Docking facilities
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–8. Advisory assistance for developments upon adjacent lands
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.
(
Section Referred to in Other Sections
This section is referred to in
§450oo–9. Administration, protection, and development
When establishment of the monument has been effected, pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§450oo–10. Reversion upon abandonment
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 Referred to in Other Sections
This section is referred to in
§450pp. Roger Williams National Memorial; acquisition of site
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.
(
Section Referred to in Other Sections
This section is referred to in
§450pp–1. Establishment; notice of establishment; administration
The property acquired pursuant to
(
Section Referred to in Other Sections
This section is referred to in
§450pp–2. Cooperation with city of Providence and local historical and preservation societies
(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.
(
Section Referred to in Other Sections
This section is referred to in
§450pp–3. Authorization of appropriations
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
(
Amendments
1980—
§§450qq to 450qq–4. Omitted
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
Section 450qq,
Section 450qq–1,
Section 450qq–2,
Section 450qq–3,
Section 450qq–4,
§450rr. R.M.S. Titanic; international maritime memorial; findings and purposes
(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
(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.
(
Short Title
Section 1 of
Section Referred to in Other Sections
This section is referred to in
§450rr–1. Definitions
For the purposes of
(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.
(
Section Referred to in Other Sections
This section is referred to in
§450rr–2. Commendation
The Congress of the United States highly commends the members of the joint international expedition which discovered the R.M.S. Titanic.
(
Section Referred to in Other Sections
This section is referred to in
§450rr–3. International guidelines
(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
(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.
(
Section Referred to in Other Sections
This section is referred to in
§450rr–4. International agreement
(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
(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.
(
Change of Name
Committee on Foreign Affairs of House of Representatives changed to Committee on International Relations of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction given primarily to Committee on Transportation and Infrastructure of House of Representatives, and remainder of jurisdiction given to Committees on National Security and on Resources of House of Representatives, by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§450rr–5. Sense of Congress regarding conduct of future activities
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 Referred to in Other Sections
This section is referred to in
§450rr–6. Disclaimer of extraterritorial sovereignty
By enactment of
(
Section Referred to in Other Sections
This section is referred to in