54 U.S.C. § 320102 — Powers and duties of Secretary

Page 169 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 320102 WHEREAS this coral reef is considered to be one of the most beautiful formations of its kind in the world; and WHEREAS the reef is being subjected to commercial exploitation and is in danger of destruction; and WHEREAS it is in the public interest to preserve this formation of great scientific and esthetic importance for the benefit and enjoyment of the people; and WHEREAS a portion of this reef lies inside the three- mile limit in the area relinquished to the State of Flor- ida by the United States through the Submerged Lands Act, approved May 22, 1953 (67 Stat. 29; 43 U.S.C. 1301 et seq.), and the remainder lies on the sea bed of the outer Continental Shelf outside the seaward boundary of the State of Florida and appertains to the United States, as declared by the Outer Continental Shelf Lands Act, ap- proved August 7, 1953 (67 Stat. 462; 43 U.S.C. 1331 et seq.); and WHEREAS the United States and the State of Flor- ida are desirous of cooperating for the purpose of pre- serving the scenic and scientific values of this area unimpaired for the benefit of future generations; and WHEREAS by the terms of the Outer Continental Shelf Lands Act the United States has jurisdiction over the lands of the outer Continental Shelf and has the ex- clusive right to dispose of the natural resources of the sea bed and subsoil thereof; and WHEREAS section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of section 1341 of Title 43, Public Lands] authorizes the President to withdraw from disposition any of the unleased lands of the outer Continental Shelf; and WHEREAS section 5 of the Outer Continental Shelf Lands Act [section 1334 of Title 43] authorizes the Sec- retary of the Interior to prescribe rules and regulations for the conservation of the natural resources of the outer Continental Shelf and to cooperate with the con- servation agencies of adjacent States in the enforce- ment of conservation laws, rules, and regulations: NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes of the United States, particularly section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of section 1341 of Title 43], do proclaim that, subject to valid existing rights, the following-described area is designated as the Key Largo Coral Reef Preserve, and so much thereof as lies on the outer Continental Shelf is withdrawn from disposition: That portion of the outer Continental Shelf situated seaward of a line three geographic miles from Key Largo, Monroe County, Florida, lying and being within the following described area: Beginning at a point on the 60-foot depth curve (10- fathom line) as delineated on Coast and Geodetic Sur- vey Chart 1249 (approximate Latitude 25°17′36′′ N., Lon- gitude 80°10′00′′ W.), 200 yards southeast of Flashing White Light—Whistle Buoy ‘‘2’’; thence northwesterly approximately 7,000 yards through Whistle Buoy ‘‘2’’ to Can Buoy ‘‘21’’ (approximate Latitude 25°20′06′′ N., Lon- gitude 80°12′36′′ W.) southeast of Old Rhodes Key; thence southwesterly about 6,900 yards to Can Buoy ‘‘25’’; thence southwesterly approximately 5,500 yards to Can Buoy ‘‘27’’; thence southwesterly approximately 5,000 yards to Flashing Green Light ‘‘31BH’’ in Hawk Chan- nel southeast of Point Elizabeth; thence southwesterly approximately 10,650 yards to Black Day Beacon ‘‘33’’ in Hawk Channel east of Point Willie; thence south- westerly approximately 9,800 yards to Flashing White Light ‘‘35’’ on Mosquito Bank east of Point Charles; thence southwesterly approximately 5,400 yards to Black Day Beacon ‘‘37’’ (approximate Latitude 25°02′25′′ N., Longitude 80°25′36′′ W.), southeast of Rodriguez Key; thence southeasterly approximately 7,100 yards (pass 600 yards southwest of Flashing Light ‘‘2’’ at Molasses Reef) to the 60-foot depth curve (10-fathom line) 800 yards due south of said light at Molasses Reef (approxi- mate Latitude 25°00′18′′ N., Longitude 80°22′30′′ W.); thence northeasterly with the 60-foot depth curve and 10-fathom line (passing easterly of French Reef, Dixie Shoal, The Elbow, and Carysfort Reef) approximately 21 miles to the point of beginning. I call upon all persons to join in the effort to protect and preserve this natural wonder for the benefit of fu- ture generations. The Secretary of the Interior is requested to pre- scribe rules and regulations governing the protection and conservation of the coral and other mineral re- sources in this area and to cooperate with the State of Florida and its conservation agencies in the preserva- tion of the reef. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of Amer- ica to be affixed. DONE at the City of Washington this fifteenth day of March in the year of our Lord nineteen hundred and sixty, and of the Independence of the United States of America the one hundred and eighty-fourth. [SEAL] DWIGHT D. EISENHOWER. § 320102. Powers and duties of Secretary (a) IN GENERAL.—The Secretary, acting through the Director, for the purpose of effec- tuating the policy expressed in section 320101 of this title, has the powers and shall perform the duties set out in this section. (b) PRESERVATION OF DATA.—The Secretary shall secure, collate, and preserve drawings, plans, photographs, and other data of historic and archeologic sites, buildings, and objects. (c) SURVEY.—The Secretary shall make a sur- vey of historic and archeologic sites, buildings, and objects for the purpose of determining which possess exceptional value as commemo- rating or illustrating the history of the United States. (d) INVESTIGATIONS AND RESEARCHES.—The Secretary shall make necessary investigations and researches in the United States relating to particular sites, buildings, and objects to obtain accurate historical and archeological facts and information concerning the sites, buildings, and objects. (e) ACQUISITION OF PROPERTY.—The Secretary may, for the purpose of this chapter, acquire in the name of the United States by gift, purchase, or otherwise any property, personal or real, or any interest or estate in property, title to any real property to be satisfactory to the Sec- retary. Property that is owned by any religious or educational institution or that is owned or administered for the benefit of the public shall not be acquired without the consent of the owner. No property shall be acquired or contract or agreement for the acquisition of the property made that will obligate the general fund of the Treasury for the payment of the property, un- less Congress has appropriated money that is available for that purpose. (f) CONTRACTS AND COOPERATIVE AGREE- MENTS.—The Secretary may contract and make cooperative agreements with States, municipal subdivisions, corporations, associations, or indi- viduals, with proper bond where considered ad- visable, to protect, preserve, maintain, or oper- ate any historic or archeologic building, site, or object, or property used in connection with the building, site, or object, for public use, regard- less whether the title to the building, site, ob- ject, or property is in the United States. No con- tract or cooperative agreement shall be made or Page 170 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 320103 entered into that will obligate the general fund of the Treasury unless or until Congress has ap- propriated money for that purpose. (g) PROTECTION OF SITES, BUILDINGS, OBJECTS, AND PROPERTY.—The Secretary shall restore, re- construct, rehabilitate, preserve, and maintain historic or prehistoric sites, buildings, objects, and property of national historical or archeo- logical significance and where considered desir- able establish and maintain museums in connec- tion with the sites, buildings, objects, and prop- erty. (h) TABLETS TO MARK OR COMMEMORATE PLACES AND EVENTS.—The Secretary shall erect and maintain tablets to mark or commemorate historic or prehistoric places and events of na- tional historical or archeological significance. (i) OPERATION FOR BENEFIT OF PUBLIC.—The Secretary may operate and manage historic and archeologic sites, buildings, and property ac- quired under this chapter together with land and subordinate buildings for the benefit of the pub- lic and may charge reasonable visitation fees and grant concessions, leases, or permits for the use of land, building space, roads, or trails when necessary or desirable either to accommodate the public or to facilitate administration. The Secretary may grant those concessions, leases, or permits and enter into contracts relating to the contracts, leases, or permits with respon- sible persons, firms, or corporations without ad- vertising and without securing competitive bids. (j) CORPORATION TO CARRY OUT DUTIES.—When the Secretary determines that it would be ad- ministratively burdensome to restore, recon- struct, operate, or maintain any particular his- toric or archeologic site, building, or property donated to the United States through the Serv- ice, the Secretary may cause the restoration, re- construction, operation, or maintenance to be done by organizing a corporation for that pur- pose under the laws of the District of Columbia or any State. (k) EDUCATIONAL PROGRAM AND SERVICE.—The Secretary shall develop an educational program and service for the purpose of making available to the public information pertaining to Amer- ican historic and archeologic sites, buildings, and properties of national significance. Reason- able charges may be made for the dissemination of any such information. (l) ACTIONS AND REGULATIONS NECESSARY TO CARRY OUT CHAPTER.—The Secretary shall per- form any and all acts and make regulations not inconsistent with this chapter that may be nec- essary and proper to carry out this chapter. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3257.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 320102 ......... 16 U.S.C. 462(a) through (k) (1st sentence). Aug. 21, 1935, ch. 593, § 2(a) through (k) (1st sentence), 49 Stat. 666; Pub. L. 89–249, § 8, Oct. 9, 1965, 79 Stat. 971. Statutory Notes and Related Subsidiaries NATIONAL HISTORIC SITE SUPPORT FACILITY IMPROVEMENTS Pub. L. 113–291, div. B, title XXX, § 3053, Dec. 19, 2014, 128 Stat. 3806, provided that: ‘‘(a) IMPROVEMENT.—The Secretary of the Interior, acting through the Director of the National Park Serv- ice (referred to in this section as the ‘Secretary’), may make improvements to a support facility, including a visitor center, for a National Historic Site operated by the National Park Service if the project— ‘‘(1) is conducted using amounts included in the budget of the National Park Service in effect on the date on which the project is authorized; ‘‘(2) is subject to a 50 percent non-Federal cost- sharing requirement; and ‘‘(3) is conducted in an area in which the National Park Service was authorized by law in effect before the date of enactment of this Act [Dec. 19, 2014] to es- tablish a support facility. ‘‘(b) OPERATION AND USE.—The Secretary may operate and use all or part of a support facility, including a vis- itor center, for a National Historic Site operated by the National Park Service— ‘‘(1) to carry out duties associated with operating and supporting the National Historic Site; and ‘‘(2) only in accordance with an agreement between the Secretary and the unit of local government in which the support facility is located.’’ FINANCIAL ASSISTANCE FOR MAINTENANCE AND PROTEC- TION OF FOLGER LIBRARY AND CORCORAN GALLERY OF ART; LIMITATION ON CONTRACT AUTHORITY Pub. L. 96–344, § 1, Sept. 8, 1980, 94 Stat. 1133, provided: ‘‘That (a) in furtherance of the purposes of subsection 2(e) of the Act of August 21, 1935 (49 Stat. 666) [see 54 U.S.C. 320102(f)], the Secretary of the Interior may pro- vide financial assistance for the maintenance and pro- tection of the Folger Library and the Corcoran Gallery of Art. ‘‘(b) Authority to enter into contracts or cooperative agreements, to incur obligations, or to make payments under this Act [Pub. L. 96–344, Sept. 8, 1980, 94 Stat. 1133] shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts.’’ § 320103. Cooperation with governmental and private agencies and individuals (a) AUTHORIZATION OF SECRETARY.—The Sec- retary may cooperate with and may seek and ac- cept the assistance of any Federal, State, or local agency, educational or scientific institu- tion, patriotic association, or individual. (b) TECHNICAL ADVISORY COMMITTEES.—When the Secretary considers it necessary, the Sec- retary may establish technical advisory com- mittees to act in an advisory capacity in con- nection with the restoration or reconstruction of any historic or prehistoric building or other structure. (c) EMPLOYMENT OF ASSISTANCE.—The Sec- retary may employ professional and technical assistance and establish service as may be re- quired to accomplish the purposes of this chap- ter and for which money may be appropriated by Congress or made available by gifts for those purposes. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3259.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 320103 ......... 16 U.S.C. 464. Aug. 21, 1935, ch. 593, § 4, 49 Stat. 668. § 320104. Jurisdiction of States in acquired land Nothing in this chapter shall be held to de- prive any State, or political subdivision of a