54 U.S.C. § 100506 — Boundary changes to System units

Page 15 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100506 agencies or agencies of political subdivisions of States as the Secretary considers best. (b) CONSENT OF CONGRESS TO AGREEMENTS BE- TWEEN STATES.—The consent of Congress is given to any 2 or more States to negotiate and enter into compacts or agreements with one an- other with reference to planning, establishing, developing, improving, and maintaining any park, parkway, or recreational area. No compact or agreement shall be effective until approved by the legislatures of the States that are parties to the compact or agreement and by Congress. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3099.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100504(a)(1) 16 U.S.C. 17n. June 23, 1936, ch. 735, 49 Stat. 1894; Aug. 1, 1956, ch. 852, § 6, 70 Stat. 908. 100504(a)(2), (3). 16 U.S.C. 17k. 100504(a)(4) 16 U.S.C. 17l. 100504(b) ..... 16 U.S.C. 17m. § 100505. Periodic review of System (a) AUTHORITY OF SECRETARY TO CONDUCT RE- VIEW.—The Secretary shall conduct a systematic and comprehensive review of certain aspects of the System and on a periodic basis (but not less often than every 3 years) submit to the Com- mittee on Natural Resources and the Committee on Appropriations of the House of Representa- tives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report on the findings of the re- view, together with recommendations as the Secretary determines to be necessary. (b) CONSULTATION.—In conducting and pre- paring the report, the Secretary shall consult with appropriate officials of affected Federal, State, and local agencies and national, regional, and local organizations. The consultation shall include holding public hearings that the Sec- retary determines to be appropriate to provide a full opportunity for public comment. (c) CONTENTS OF REPORT.—The report shall contain the following: (1) A comprehensive listing of all authorized but unacquired parcels of land within the exte- rior boundaries of each System unit as of No- vember 28, 1990. (2) A priority listing of all those unacquired parcels by System unit and for the System as a whole. The list shall describe the acreage and ownership of each parcel, the estimated cost of acquisition for each parcel (subject to any statutory acquisition limitations for the land), and the basis for the estimate. (3) An analysis and evaluation of the current and future needs of each System unit for re- source management, interpretation, construc- tion, operation and maintenance, personnel, and housing, together with an estimate of the costs. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3099.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100505(a) ..... 16 U.S.C. 1a–9. Pub. L. 101–628, title XII, §§ 1213–1215, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 103–437, § 6(d)(2), Nov. 2, 1994, 108 Stat. 4583. 100505(b) ..... 16 U.S.C. 1a–10. 100505(c) ..... 16 U.S.C. 1a–11. In subsection (a), the text of 16 U.S.C. 1a–9 (last sen- tence) is omitted as obsolete. § 100506. Boundary changes to System units (a) CRITERIA FOR EVALUATION.—The Secretary shall maintain criteria to evaluate any proposed changes to the boundaries of System units, in- cluding— (1) analysis of whether or not an existing boundary provides for the adequate protection and preservation of the natural, historic, cul- tural, scenic and recreational resources inte- gral to the System unit; (2) an evaluation of each parcel proposed for addition or deletion to a System unit based on the analysis under paragraph (1); and (3) an assessment of the impact of potential boundary adjustments taking into consider- ation the factors in section 100505(c)(3) of this title and the effect of the adjustments on the local communities and surrounding area. (b) PROPOSAL OF SECRETARY.—In proposing a boundary change to a System unit, the Sec- retary shall— (1) consult with affected agencies of State and local governments, surrounding commu- nities, affected landowners, and private na- tional, regional, and local organizations; (2) apply the criteria developed pursuant to subsection (a) and accompany the proposal with a statement reflecting the results of the application of the criteria; and (3) include with the proposal an estimate of the cost for acquiring any parcels proposed for acquisition, the basis for the estimate, and a statement on the relative priority for the ac- quisition of each parcel within the priorities for acquisition of other parcels for the System unit and for the System. (c) MINOR BOUNDARY CHANGES.— (1) IN GENERAL.—When the Secretary deter- mines that to do so will contribute to, and is necessary for, the proper preservation, protec- tion, interpretation, or management of a Sys- tem unit, the Secretary may, following timely notice in writing to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate of the Secretary’s inten- tion to do so, and by publication of a revised boundary map or other description in the Fed- eral Register— (A) make minor changes to the boundary of the System unit, and amounts appro- priated from the Fund shall be available for acquisition of any land, water, and interests in land or water added to the System unit by the boundary change subject to such statu- tory limitations, if any, on methods of ac- quisition and appropriations thereof as may be specifically applicable to the System unit; and Page 16 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 100507 (B) acquire by donation, purchase with do- nated funds, transfer from any other Federal agency, or exchange, land, water, or inter- ests in land or water adjacent to the System unit, except that in exercising the Sec- retary’s authority under this subparagraph the Secretary— (i) shall not alienate property adminis- tered as part of the System to acquire land by exchange; (ii) shall not acquire property without the consent of the owner; and (iii) may acquire property owned by a State or political subdivision of a State only by donation. (2) CONSULTATION.—Prior to making a deter- mination under this subsection, the Secretary shall consult with the governing body of the county, city, town, or other jurisdiction or ju- risdictions having primary taxing authority over the land or interest to be acquired as to the impacts of the proposed action. (3) ACTION TO ADVANCE LOCAL PUBLIC AWARE- NESS.—The Secretary shall take such steps as the Secretary considers appropriate to ad- vance local public awareness of the proposed action. (4) ADMINISTRATION OF ACQUISITIONS.—Land, water, and interests in land or water acquired in accordance with this subsection shall be ad- ministered as part of the System unit to which they are added, subject to the laws and regula- tions applicable to the System unit. (5) WHEN AUTHORITY APPLIES.—For the pur- poses of paragraph (1)(A), in all cases except the case of technical boundary changes (re- sulting from such causes as survey error or changed road alignments), the authority of the Secretary under paragraph (1)(A) shall apply only if each of the following conditions is met: (A) The sum of the total acreage of the land, water, and interests in land or water to be added to the System unit and the total acreage of the land, water, and interests in land or water to be deleted from the System unit is not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than 200 acres. (B) The acquisition, if any, is not a major Federal action significantly affecting the quality of the human environment, as deter- mined by the Secretary. (C) The sum of the total appraised value of the land, water, and interests in land or water to be added to the System unit and the total appraised value of the land, water, and interests in land or water to be deleted from the System unit does not exceed $750,000. (D) The proposed boundary change is not an element of a more comprehensive bound- ary change proposal. (E) The proposed boundary has been sub- ject to a public review and comment period. (F) The Director obtains written consent for the boundary change from all property owners whose land, water, or interests in land or water, or a portion of whose land, water, or interests in land or water, will be added to or deleted from the System unit by the boundary change. (G) The land abuts other Federal land ad- ministered by the Director. (6) ACT OF CONGRESS REQUIRED.—Minor boundary changes involving only deletions of acreage owned by the Federal Government and administered by the Service may be made only by Act of Congress. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3100.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 100506(a) ..... 16 U.S.C. 1a–12. Pub. L. 101–628, title XII, §§ 1216, 1217, Nov. 28, 1990, 104 Stat. 4508. 100506(b) ..... 16 U.S.C. 1a–13. 100506(c) ..... 16 U.S.C. 460l–9(c). Pub. L. 88–578, title I, § 7(c), formerly § 6(c), as added Pub. L. 95–42, § 1(5), June 10, 1977, 91 Stat. 211; Pub. L. 96–203, § 2(2), Mar. 10, 1980, 94 Stat. 81; Pub. L. 103–437, § 6(p)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104–333, div. I, title VIII, § 814(b), Nov. 12, 1996, 110 Stat. 4194; Pub. L. 106–176, title I, §§ 120(b), 129, Mar. 10, 2000, 114 Stat. 28, 30. In subsection (a), before paragraph (1), the word ‘‘maintain’’ is substituted for ‘‘Within one year after November 28, 1990 . . . develop’’ to eliminate obsolete words. In paragraph (3), the reference to paragraph (c) in 16 U.S.C. 1a–12 is treated as a reference to 16 U.S.C. 1a–11(c) for clarity. In subsection (b), before paragraph (1), the words ‘‘after November 28, 1990’’ are omitted as obsolete. § 100507. Additional areas for System (a) MONITORING AREAS FOR INCLUSION IN SYS- TEM.—The Secretary shall investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities of national significance and that may have potential for in- clusion in the System. (b) SUBMISSION OF LIST OF AREAS REC- OMMENDED FOR STUDY FOR POTENTIAL INCLU- SION.— (1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of each calendar year, with the an- nual budget submission, the Secretary shall submit to the Committee on Natural Re- sources of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate a list of areas rec- ommended for study for potential inclusion in the System. (2) FACTORS TO BE CONSIDERED.—In devel- oping the list to be submitted under this sub- section, the Secretary shall consider— (A) the areas that have the greatest poten- tial to meet the established criteria of na- tional significance, suitability, and feasi- bility; (B) themes, sites, and resources not al- ready adequately represented in the System; and (C) public petitions and Congressional res- olutions. (3) ACCOMPANYING SYNOPSIS.—Accompanying the annual listing of areas shall be a synopsis, for each report previously submitted, of the current and changed condition of the resource integrity of the area and other relevant fac- tors, compiled as a result of continual periodic