16 U.S.C. § 410dd — Establishment

Page 295 TITLE 16—CONSERVATION § 410dd of funds, property, or services from individuals, foundations, corporations, and other private en- tities, and from public entities, for the purpose of carrying out its duties. (e) Use of funds for obtaining additional moneys The Commission may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money. (f) Use of mails The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. (g) Purchase, rental, donation, etc., of property, facilities, and services; manner of acquisi- tion; transfers to Department of the Interior upon termination of Commission The Commission may obtain by purchase, rental, donation, or otherwise, such property, fa- cilities, and services as may be needed to carry out its duties. Any acquisition of property by the Commission shall be in accordance with sec- tion 410cc–34 of this title: Provided, however, That the Commission may not acquire lands or interests therein pursuant to this subsection by condemnation. Upon the termination of the Commission, all property, personal and real, and unexpended funds shall be transferred to the De- partment of the Interior. (Pub. L. 95–290, title III, § 305, June 5, 1978, 92 Stat. 302.) § 410cc–36. Staff of Commission (a) Appointment and compensation of Director The Commission shall have a Director who shall be appointed by the Commission and who shall be paid at a rate not to exceed the rate of pay payable for grade GS–15 of the General Schedule. (b) Appointment and compensation of additional personnel The Commission may appoint and fix the pay of such additional personnel as the Commission deems desirable. (c) Applicability of civil service provisions to ap- pointment and compensation of Director and staff The Director and staff of the Commission may be appointed without regard to the provisions of title 5 governing appointments in the competi- tive service, and may be paid without regard to the provisions of chapter 51, and subchapter III of chapter 53 of such title relating to classifica- tion and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for grade GS–15 of the General Schedule. (d) Temporary or intermittent services; procure- ment and compensation Subject to such rules as may be adopted by the Commission, the Commission may procure tem- porary and intermittent services to the same ex- tent as is authorized by section 3109(b) of title 5, but at rates determined by the Commission to be reasonable. (e) Detail of personnel from other Federal agen- cies represented by members on Commission; reimbursement by Commission; administra- tive support services by Administrator of General Services Administration; reimburse- ment by Commission (1) Upon request of the Commission, the head of any Federal agency represented by members on the Commission may detail, on a reimburs- able basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this subchapter. (2) The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may re- quest. (Pub. L. 95–290, title III, § 306, June 5, 1978, 92 Stat. 303.) Editorial Notes REFERENCES IN TEXT GS–15 of the General Schedule, referred to in subsecs. (a) and (c), is set out under section 5332 of Title 5, Gov- ernment Organization and Employees. § 410cc–37. Use of funds; maintenance of finan- cial records; audits (a) Any revenues or other assets acquired by the Commission by donation, the lease or sale of property or fees for services shall be available to the Commission, without fiscal year limitation, to be used for any function of the Commission authorized under this subchapter. The Commis- sion shall keep financial records fully disclosing the amount and source of revenues and other as- sets acquired by the Commission, and shall keep such other financial records as the Secretary may prescribe. (b) The Secretary shall require audits of the fi- nancial records of the Commission to be con- ducted not less frequently than once each year in order to ensure that revenues and other as- sets of the Commission are being used in a man- ner authorized under this subchapter. (Pub. L. 95–290, title III, § 307, as added Pub. L. 96–344, § 10, Sept. 8, 1980, 94 Stat. 1136.) SUBCHAPTER LIX–B—WAR IN THE PACIFIC NATIONAL HISTORICAL PARK § 410dd. Establishment (a) Statement of purposes In order to commemorate the bravery and sac- rifice of those participating in the campaigns of the Pacific theater of World War II and to con- serve and interpret outstanding natural, scenic, and historic values and objects on the island of Guam for the benefit and enjoyment of present and future generations, the War in the Pacific National Historical Park (hereinafter in this section referred to as the ‘‘park’’) is hereby es- tablished. (b) Boundaries; revisions of boundary; publica- tion in Federal Register The boundaries of the park shall be as gen- erally depicted on the drawing entitled ‘‘Bound- ary Map, War in the Pacific National Historical Page 296 TITLE 16—CONSERVATION § 410dd 1 So in original. Probably should be ‘‘heroism’’. 2 So in original. Probably should be ‘‘subsection’’. Park, Guam’’ numbered P–24–80,000–B and dated March 1978, which shall be on file and available for inspection in the offices of the National Park Service, Department of the Interior. Following ninety days notice to the Committee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Re- sources of the Senate, the Secretary may make minor revisions of the boundary of the park by publication of a revised map in the Federal Reg- ister. (c) Acquisition of lands and interests therein; manner of acquisition Within the boundaries of the park, the Sec- retary may acquire lands and interests therein by donation, purchase with donated or appro- priated funds, exchange, or transfer. (d) Identification, etc., of other points relevant to park Other points on the island of Guam relevant to the park may be identified, established, and marked by the Secretary in agreement with the Governor of Guam. (e) Administration of property The Secretary shall administer property ac- quired in accordance with the laws generally ap- plicable to the management of units of the Na- tional Park System. (f) Assistance of appropriate historians for inter- pretation of historical aspects; language re- quirements for interpretative activities The Secretary is authorized to seek the assist- ance of appropriate historians to interpret the historical aspects of the park. To the greatest extent possible, interpretative activities will be conducted in the following three languages: English, Chamorro, and Japanese. (g) Negotiations for berthing and interpretation of naval vessel appropriate for accessibility to public The Secretary is authorized to enter into ne- gotiations with the Secretary of Defense for the berthing and interpretation of a naval vessel of World War II vintage which shall be accessible to the public on the island of Guam. (h) Repealed. Pub. L. 103–437, § 6(i)(2), Nov. 2, 1994, 108 Stat. 4585 (i) Employment and training of residents of Guam or Northern Mariana Islands for devel- opment, maintenance, and administration The Secretary is authorized and directed, to the maximum extent feasible, to employ and train residents of Guam or of the Northern Mar- iana Islands to develop, maintain, and admin- ister the park. (j) Fees or charges prohibited Notwithstanding any provision of law to the contrary, no fee or charge shall be imposed for entrance or admission into the War in the Pa- cific National Historical Park. (k) Authorization of appropriations For the purposes of the park established under this section, effective October 1, 1978, there are authorized to be appropriated such sums as may be necessary, but not to exceed $16,000,000 for the acquisition of lands or interests in lands and $8,000,000 for development. (l) Monument Within the boundaries of the park, the Sec- retary is authorized to construct a monument which shall commemorate the loyalty of the people of Guam and the herosim 1 of the Amer- ican forces that liberated Guam. (m) Interpretive programs Within the boundaries of the park, the Sec- retary is authorized to implement programs to interpret experiences of the people of Guam dur- ing World War II, including, but not limited to, oral histories of those people of Guam who expe- rienced the occupation. (n) Report on projected development costs Within six months after December 17, 1993, the Secretary, through the Director of the National Park Service, shall develop and transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Re- sources of the House of Representatives a report containing updated cost estimates for the devel- opment of the park. Further, this report shall contain a general plan to implement subsections (l) and (m), including, at a minimum, cost esti- mates for the design and construction of the monument authorized in section 2 (l). (o) Protection of vintage weapons and fortifica- tions The Secretary may take such steps as may be necessary to preserve and protect various World War II vintage weapons and fortifications which exist within the boundaries of the park. (Pub. L. 95–348, § 6, Aug. 18, 1978, 92 Stat. 492; Pub. L. 103–197, § 3, Dec. 17, 1993, 107 Stat. 2302; Pub. L. 103–437, § 6(i), Nov. 2, 1994, 108 Stat. 4585.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–437, § 6(i)(1), substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. Subsec. (h). Pub. L. 103–437, § 6(i)(2), struck out sub- sec. (h) which directed Secretary, within two years from Aug. 18, 1978, to develop and transmit to Congres- sional committees, a general management plan for War in the Pacific National Historic Park, and to transmit within 5 years of Aug. 18, 1978, a study of additional sites associated with Pacific Campaign of World War II. 1993—Subsec. (k). Pub. L. 103–197, § 3(a), substituted ‘‘$8,000,000’’ for ‘‘$500,000’’. Subsecs. (l) to (o). Pub. L. 103–197, § 3(b), added sub- secs. (l) to (o). Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS Pub. L. 103–197, § 1, Dec. 17, 1993, 107 Stat. 2301, pro- vided that: ‘‘Congress finds that— ‘‘(1) June 15 through August 10, 1994, marks the 50th anniversary of the Mariana campaign of World War II in which American forces captured the islands of Saipan and Tinian in the Northern Marianas and lib- erated the United States Territory of Guam from Japanese occupation; Page 297 TITLE 16—CONSERVATION § 410ee ‘‘(2) an attack during this campaign by the Japa- nese Imperial fleet, aimed at countering the Amer- ican forces that had landed on Saipan, led to the bat- tle of the Philippine Sea, which resulted in a crushing defeat for the Japanese by United States naval forces and the destruction of the effectiveness of the Japa- nese carrier-based airpower; ‘‘(3) the recapture of Guam liberated one of the few pieces of United States territory that was occupied for two and one-half years by the enemy during World War II and restored freedom to the indigenous Chamorros on Guam who suffered as a result of the Japanese occupation; ‘‘(4) Army, Navy, Marine Corps, and Coast Guard units distinguished themselves with their heroic bravery and sacrifice; ‘‘(5) the Guam Insular Force Guard, the Guam mili- tia, and the people of Guam earned the highest re- spect for their defense of the island during the Japa- nese invasion and their resistance during the occupa- tion; their assistance to the American forces as scouts for the American invasion was invaluable; and their role, as members of the Guam Combat Patrol, was instrumental in seeking out the remaining Japa- nese forces and restoring peace to the island; ‘‘(6) during the occupation, the people of Guam— ‘‘(A) were forcibly removed from their homes; ‘‘(B) were relocated to remote sections of the is- land; ‘‘(C) were required to perform forced labor and faced other harsh treatment, injustices, and death; and ‘‘(D) were placed in concentration camps when the American invasion became imminent and were brutalized by their occupiers when the liberation of Guam became apparent to the Japanese; ‘‘(7) the liberation of the Mariana Islands marked a pivotal point in the Pacific war and led to the Amer- ican victories at Iwo Jima, Okinawa, the Philippines, Taiwan, and the south China coast, and ultimately against the Japanese home islands; ‘‘(8) the Mariana Islands of Guam, Saipan, and Tinian provided, for the first time during the war, air bases which allowed land-based American bombers to reach strategic targets in Japan; and ‘‘(9) the air offensive conducted from the Marianas against the Japanese war-making capability helped shorten the war and ultimately reduced the toll of lives to secure peace in the Pacific.’’ TRANSFER OF EXCESS LAND TO NATIONAL PARK SERVICE Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat. 1329–213, 1329–222, provided in part: ‘‘That any Feder- ally-owned land in War in the Pacific National Histor- ical Park that hereafter becomes excess to the needs of the administering agency shall be transferred to the ju- risdiction of the National Park Service, without reim- bursement, for purposes of the park.’’ SUBCHAPTER LIX–C—SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK § 410ee. San Antonio Missions National Historical Park (a) Establishment (1) In general In order to provide for the preservation, res- toration, and interpretation of the Spanish Missions of San Antonio, Texas, for the ben- efit and enjoyment of present and future gen- erations of Americans, there is hereby estab- lished the San Antonio Missions National His- torical Park (hereafter in this section referred to as the ‘‘park’’) consisting of Concepcion, San Jose, San Juan, and Espada Missions, to- gether with areas and features historically as- sociated therewith, as generally depicted on the drawing entitled ‘‘Boundary Map, San An- tonio Missions National Historical Park’’, numbered 930–80,022–C and dated May 1978, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and in the offices of the Superintendent of the park. (2) Additional land The park shall also consist of the lands and interests therein within the area bounded by the line depicted as ‘‘Proposed Boundary Ex- tension’’ on the maps entitled ‘‘San Antonio Missions National Historical Park’’, numbered 472–80,075, 472–80,076, 472–80,077, 472–80,078, 472–80,079, 472–80,080, and 472–80,081 and dated June 7, 1990, which shall be on file and avail- able for public inspection in the same manner as is such drawing. (3) Boundary modification (A) In general The boundary of the park is modified to include approximately 137 acres, as depicted on the map entitled ‘‘San Antonio Missions National Historical Park Proposed Boundary Addition’’, numbered 472/113,006A, and dated June 2012. (B) Availability of map The map described in subparagraph (A) shall be on file and available for inspection in the appropriate offices of the National Park Service. (C) Acquisition of land The Secretary of the Interior may acquire the land or any interest in the land de- scribed in subparagraph (A) only by donation or exchange. (4) Revisions After advising the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, in writing, the Secretary of the Interior (herein- after referred to as the ‘‘Secretary’’) may make minor revisions of the boundaries of the park when necessary by publication of a re- vised drawing or other boundary description in the Federal Register. (b) Acquisition of lands and interests; coopera- tive agreements; submittal to Department of Justice For the purposes of this section, the Secretary is authorized— (1) to acquire by donation, purchase with do- nated or appropriated funds, or exchange, lands and interests therein constituting the following generally described areas in the his- toric missions district of the city of San Anto- nio, Texas— (A) Mission San Jose y San Miguel de Aguayo; (B) Mission Nuestra Senora de la Purisima Concepcion de Acuna; (C) Mission San Francisco de la Espada; (D) Espada Acequia, the section of approxi- mately five miles along the west side of and parallel to the San Antonio River;