§450bb. Harpers Ferry National Historical Park; establishment; acceptance of donations of land, etc.

In order to carry out the purposes of sections 450bb to 450bb–2 of this title, the Secretary of the Interior is authorized to acquire lands or interests in lands, by donation, purchase with donated or appropriated funds, or exchange, within the boundaries as generally depicted on the drawing entitled "Boundary Map, Harpers Ferry National Historical Park", numbered 385–80,021A and dated April 1979, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior: Provided, That after advising the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, in writing, the Secretary may make minor revisions in the boundary, when necessary, by publication of a revised drawing or other boundary description in the Federal Register, but the total acreage shall not exceed two thousand five hundred and five acres: Provided further, That nothing herein shall be deemed to authorize the acquisition, without consent of the owner, of a free simple interest in lands within the boundaries in which a less than fee interest has previously been acquired by the Secretary of the Interior. The Secretary is authorized to acquire, by donation only, approximately twenty-seven acres of land or interests therein which are outside the boundary of the Harpers Ferry National Historical Park and generally depicted on a map entitled "Proposed Bradley and Ruth Nash Addition-Harpers Ferry National Historical Park," dated April 1, 1989 and numbered 385–80056. Such map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia. When acquired, such lands or interests therein shall become a part of the park, subject to the laws and regulations applicable thereto. Any Federal land within the area designated by the Secretary of the Interior as necessary for park purposes shall be transferred to the administration of the Department of the Interior and when so transferred shall become a part of the park: Provided, That the Federal department or agency having administration over such land shall agree in advance to such transfer.

(June 30, 1944, ch. 328, §1, 58 Stat. 645 ; May 29, 1963, Pub. L. 88–33, 77 Stat. 52 ; Oct. 24, 1974, Pub. L. 93–466, §1(1), 88 Stat. 1420 ; Mar. 5, 1980, Pub. L. 96–199, title I, §108(1), 94 Stat. 69 ; Oct. 6, 1989, Pub. L. 101–109, §1(a), 103 Stat. 681 ; Nov. 2, 1994, Pub. L. 103–437, §6(h)(2), 108 Stat. 4585 .)

Amendments

1994-Pub. L. 103–437 substituted "Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives" for "Committees on Interior and Insular Affairs of the Congress of the United States".

1989-Pub. L. 101–109 substituted "two thousand five hundred and five acres" for "two thousand four hundred and seventy-five acres" in first sentence and inserted after first sentence "The Secretary is authorized to acquire, by donation only, approximately twenty-seven acres of land or interests therein which are outside the boundary of the Harpers Ferry National Historical Park and generally depicted on a map entitled 'Proposed Bradley and Ruth Nash Addition-Harpers Ferry National Historical Park,' dated April 1, 1989 and numbered 385–80056. Such map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia. When acquired, such lands or interests therein shall become a part of the park, subject to the laws and regulations applicable thereto."

1980-Pub. L. 96–199 substituted " 'Boundary Map, Harpers Ferry National Historical Park', numbered 385–80,021A and dated April 1979" for " 'Boundary Map, Harpers Ferry National Historical Park', numbered 385–40,000D and dated April 1974" and "two thousand four hundred and seventy-five acres" for "two thousand acres".

1974-Pub. L. 93–466 inserted reference to updated map, prohibited the Secretary from exercising any power of condemnation on lands in which a less than fee interest has been previously acquired, authorized the acquisition of land with appropriated funds and by exchange, authorized an increase in total area from 1500 to 2000 acres, and authorized the Secretary to make minor boundary changes by publication of a revised description in the Federal Register, after advising the Committees on Interior and Insular Affairs.

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 Pub. L. 88–33, set out as section 450bb–6 of this title.

Acquisition of Clear and Marketable Title to Additional Park Lands

Section 1(b) of Pub. L. 101–109 provided that: "Nothing in this Act [amending this section] shall be deemed to prohibit the Secretary from using such measures as may be necessary to acquire a clear and marketable title, free of any and all encumbrances, to the lands identified for acquisition in paragraph (a)(2) of this Act."

Authorization of Appropriations

Section 4 of act June 30, 1944, as amended by Pub. L. 93–466, §1(3), Oct. 24, 1974, 88 Stat. 1420 ; Pub. L. 95–625, title I, §101(14), Nov. 10, 1978, 92 Stat. 3471 ; Pub. L. 96–199, title I, §108(2), Mar. 5, 1980, 94 Stat. 69 , provided that: "In addition to such sums as have heretofore been appropriated, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this act [sections 450bb to 450bb–2 of this title], but not more than $1,600,000 for the acquisition of lands and interests in lands, and not more than $12,385,000 for development."

Section Referred to in Other Sections

This section is referred to in sections 450bb–1, 450bb–2, 450bb–3, 450bb–6 of this title.