16 U.S.C. § 407m — Establishment; acquisition of land; prop-

Page 243 TITLE 16—CONSERVATION § 407m Township 25 south, range 23 east: sections 1 to 33, inclusive; northwest quarter section 34. Township 25 south, range 24 east: north half section 1; west half section 2; northeast quarter section 2; sections 3 to 8, inclusive; west half section 9; northeast quarter section 9; northwest quarter section 10; west half section 17; north- east quarter section 17; section 18; northwest quarter section 19. Township 25 south, range 25 east: north half section 5; north half section 6. Township 26 south, range 22 east: north half section 1; west half southwest quarter section 1; section 2; section 11; west half west half section 12; northwest quarter section 14. Township 26 south, range 23 east: northwest quarter section 6. All of which contains 46,786.11 acres, more or less. And the tract of land, including Rattlesnake Springs, lying in section 23, township 25 south, range 24 east, New Mexico principal meridian, acquired by the United States for water right purposes by warranty deed dated January 23, 1934, recorded in Eddy County, New Mexico, records in deedbook 64 on page 97, containing 79.87 acres, more or less. (Pub. L. 88–249, § 1, Dec. 30, 1963, 77 Stat. 818.) § 407f. Exchange of lands (a) State-owned lands; terms, conditions and res- ervations For the purpose of acquiring the State-owned lands lying within the area described in section 407e of this title, consisting of 2,721.12 acres, and described as follows: NEW MEXICO PRINCIPAL MERIDIAN, NEW MEXICO Township 24 south, range 23 east: section 36. Township 24 south, range 24 east: section 32. Township 24 south, range 25 east: section 32. Township 25 south, range 24 east: lots 1, 2, 3, and 4, south half north half, southwest quarter section 2. Township 26 south, range 22 east: south half section 2, the Secretary of the Interior may, subject to such terms, conditions, and reserva- tions as may be necessary or are in the public interest, including the reservation of surface rights-of-way across Federal lands situated in township 25 south, range 24 east, New Mexico principal meridian, for the construction of roads and utility lines between park headquarters and Rattlesnake Springs, exchange the following de- scribed 2,719.80 acres of public land of approxi- mately equal value: NEW MEXICO PRINCIPAL MERIDIAN, NEW MEXICO Township 24 south, range 25 east: southeast quarter section 34. Township 25 south, range 24 east: south half section 1; west half section 11; west half section 14; section 15; southeast quarter section 17. Township 25 south, range 25 east: south half section 5; lot 6, northeast quarter southwest quarter, southeast quarter section 6. Township 26 south, range 22 east: west half west half section 13; north half northeast quar- ter section 14. (b) Private lands; terms, conditions and reserva- tions For the purpose of acquiring the private lands or interests in lands lying within the area de- scribed in section 407e of this title, the Sec- retary of the Interior may, subject to such terms, conditions, and reservations as may be necessary, exchange on an approximately equal value basis any of the following described lands: NEW MEXICO PRINCIPAL MERIDIAN, NEW MEXICO Township 25 south, range 24 east: southeast quarter section 9; south half, northeast quarter section 10. Township 26 south, range 22 east: south half, south half northeast quarter section 14. (c) State-leased lands; compensation of lessee for improvements; appraisal Notwithstanding subsection (a) of this section, when an exchange involves lands in section 32, township 24 south, range 24 east, New Mexico principal meridian, which the State of New Mex- ico has leased, the Secretary may compensate a lessee for the reasonable value of his improve- ments to the lands. Reasonable value shall be determined by the Secretary of the Interior by obtaining an impartial appraisal. (Pub. L. 88–249, § 2, Dec. 30, 1963, 77 Stat. 818.) § 407g. State right-of-way for park-type road; re- conveyance of interest upon completion of road The Secretary is authorized to convey to the State of New Mexico a right-of-way over lands between the western boundary of the southeast quarter of section 34, township 24 south, range 25 east, and the vicinity of the caverns for the use of the State in constructing a park-type road for public use thereon: Provided, That the State may construct a road which shall meet the gen- eral standards of National Park Service roads and shall agree to reconvey its interests in such lands and any improvements thereon, without cost to the United States, upon completion of such road. The location of the road shall be de- termined by the Secretary, after consultation with officials of the State of New Mexico. (Pub. L. 88–249, § 3, Dec. 30, 1963, 77 Stat. 819.) § 407h. Authorization of appropriations There are hereby authorized to be appro- priated not more than $500 to carry out the pur- poses of sections 407e to 407h of this title. (Pub. L. 88–249, § 4, Dec. 30, 1963, 77 Stat. 819.) SUBCHAPTER LI—INDEPENDENCE NATIONAL HISTORICAL PARK § 407m. Establishment; acquisition of land; prop- erty involved For the purpose of preserving for the benefit of the American people as a national historical park certain historical structures and properties of outstanding national significance located in Philadelphia, Pennsylvania, and associated with the American Revolution and the founding and growth of the United States, the Secretary of the Interior, following the consummation of Page 244 TITLE 16—CONSERVATION § 407m agreements with the city of Philadelphia and the Carpenters’ Company of Philadelphia as pre- scribed in section 407n of this title, is authorized to acquire by donation or with donated funds, or to acquire by purchase, any property, real or personal, within the following-described areas, such park to be fully established as the ‘‘Inde- pendence National Historical Park’’ when, in the opinion of the Secretary, title to sufficient of the lands and interests in lands within such areas, shall be vested in the United States: Pro- vided, That the park shall not be established until title to the First United States Bank prop- erty, the Merchants’ Exchange property, the Bishop White house, the Dilworth-Todd-Moylan house, and the site of the Benjamin Franklin house, together with two-thirds of the remain- ing lands and interests in lands within the fol- lowing-described areas, shall have been vested in the United States: (a) An area of three city blocks bounded gen- erally by Walnut Street, Fifth Street, Chestnut Street, and Second Street, but excluding the new United States customhouse at the southeast corner of Second and Chestnut Streets, identi- fied as ‘‘project A’’, as described in the report of the Philadelphia National Shrines Park Com- mission, dated December 29, 1947. (b) A memorial thoroughfare, or mall, extend- ing generally from the south side of Walnut Street to the north side of Manning Street, iden- tified as part of ‘‘project B’’ in the report of the Commission. The properties identified generally as 269, 271, 273, and 275 South Fifth Street in ‘‘project B’’ in the report of the Commission. (c) The site of the residence of Benjamin Franklin, and related grounds, comprising ap- proximately a one-hundred-foot-wide strip, ex- tending southward from Market Street approxi- mately three hundred feet between Third and Fourth Streets, and encompassing a portion of Orianna Street, identified as ‘‘project C’’ in the report of the Commission. (d) Certain land and buildings immediately ad- jacent to Christ Church, situated on the west side of Second Street, and north of Market Street, identified as ‘‘project E’’ in the report of the Commission, and certain land and buildings adjoining ‘‘Project E’’, being known and num- bered as 8, 10, and 12 North Second Street and 201, 203, 205, 207, 209, 211–213, 215, 217, 219, and 221 Market Street: Provided, That the Secretary of the Interior first enter into an agreement with the proprietor or proprietors of said property (Christ Church), said agreement to contain the usual and customary provisions for the protec- tion of the property, assuring its physical main- tenance as a national shrine, without any limi- tation or control over its use for customary church purposes. (June 28, 1948, ch. 687, § 1, 62 Stat. 1061; July 10, 1952, ch. 653, § 1, 66 Stat. 575; Pub. L. 85–764, § 3(a), Aug. 27, 1958, 72 Stat. 862.) Editorial Notes AMENDMENTS 1958—Subsec. (d). Pub. L. 85–764 included certain lands and buildings adjoining ‘‘project E’’ being known and numbered as 8, 10, and 12 North Second Street and 201, 203, 205, 207, 209, 211–213, 215, 217, 219, and 221 Market Street. 1952—Subsec. (b). Act July 10, 1952, inserted second sentence. Statutory Notes and Related Subsidiaries GATEWAY VISITOR CENTER Pub. L. 106–131, Dec. 7, 1999, 113 Stat. 1678, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Gateway Visitor Cen- ter Authorization Act of 1999’. ‘‘SEC. 2. FINDINGS AND PURPOSE. ‘‘(a) FINDINGS.—The Congress finds the following: ‘‘(1) The National Park Service completed and ap- proved in 1997 a general management plan for Inde- pendence National Historical Park that establishes goals and priorities for the park’s future. ‘‘(2) The general management plan for Independ- ence National Historical Park calls for the revitaliza- tion of Independence Mall and recommends as a crit- ical component of the Independence Mall’s revitaliza- tion the development of a new ‘Gateway Visitor Cen- ter’. ‘‘(3) Such a visitor center would replace the exist- ing park visitor center and would serve as an orienta- tion center for visitors to the park and to city and re- gional attractions. ‘‘(4) Subsequent to the completion of the general management plan, the National Park Service under- took and completed a design project and master plan for Independence Mall which includes the Gateway Visitor Center. ‘‘(5) Plans for the Gateway Visitor Center call for it to be developed and managed, in cooperation with the Secretary of the Interior, by a nonprofit organization which represents the various public and civic inter- ests of the greater Philadelphia metropolitan area. ‘‘(6) The Gateway Visitor Center Corporation, a nonprofit organization, has been established to raise funds for and cooperate in a program to design, de- velop, construct, and operate the proposed Gateway Visitor Center. ‘‘(b) PURPOSE.—The purpose of this Act is to author- ize the Secretary of the Interior to enter into a cooper- ative agreement with the Gateway Visitor Center Cor- poration to construct and operate a regional visitor center on Independence Mall. ‘‘SEC. 3. GATEWAY VISITOR CENTER AUTHORIZA- TION. ‘‘(a) AGREEMENT.—The Secretary of the Interior, in administering the Independence National Historical Park, may enter into an agreement under appropriate terms and conditions with the Gateway Visitor Center Corporation (a nonprofit corporation established under the laws of the Commonwealth of Pennsylvania) to fa- cilitate the construction and operation of a regional Gateway Visitor Center on Independence Mall. ‘‘(b) OPERATIONS OF CENTER.—The Agreement shall authorize the Corporation to operate the Center in co- operation with the Secretary and to provide at the Cen- ter information, interpretation, facilities, and services to visitors to Independence National Historical Park, its surrounding historic sites, the City of Philadelphia, and the region, in order to assist in their enjoyment of the historic, cultural, educational, and recreational re- sources of the greater Philadelphia area. ‘‘(c) MANAGEMENT-RELATED ACTIVITIES.—The Agree- ment shall authorize the Secretary to undertake at the Center activities related to the management of Inde- pendence National Historical Park, including, but not limited to, provision of appropriate visitor information and interpretive facilities and programs related to Independence National Historical Park. ‘‘(d) ACTIVITIES OF CORPORATION.—The Agreement shall authorize the Corporation, acting as a private nonprofit organization, to engage in activities appro- priate for operation of a regional visitor center that Page 245 TITLE 16—CONSERVATION § 407m–3 may include, but are not limited to, charging fees, con- ducting events, and selling merchandise, tickets, and food to visitors to the Center. ‘‘(e) USE OF REVENUES.—Revenues from activities en- gaged in by the Corporation shall be used for the oper- ation and administration of the Center. ‘‘(f) PROTECTION OF PARK.—Nothing in this section authorizes the Secretary or the Corporation to take any actions in derogation of the preservation and pro- tection of the values and resources of Independence Na- tional Historical Park. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) AGREEMENT.—The term ‘Agreement’ means an agreement under this section between the Secretary and the Corporation. ‘‘(2) CENTER.—The term ‘Center’ means a Gateway Visitor Center constructed and operated in accord- ance with the Agreement. ‘‘(3) CORPORATION.—The term ‘Corporation’ means the Gateway Visitor Center Corporation (a nonprofit corporation established under the laws of the Com- monwealth of Pennsylvania). ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior.’’ MIKVEH ISRAEL CEMETERY Act Aug. 6, 1956, ch. 1018, 70 Stat. 1074, provided that: ‘‘Upon compliance with the provisions of section 2 of this Act, the Mikveh Israel Cemetery, located in Phila- delphia, Pennsylvania, and containing the graves of Haym Salomon and other outstanding patriots of the Revolutionary War who played important parts in the early history of the United States, shall be declared to be a unit of the Independence National Historical Park: Provided, That the United States shall not thereby as- sume any responsibility to provide for the administra- tion, care, or maintenance of said Mikveh Israel Ceme- tery. ‘‘SEC. 2. This Act shall become effective if and when the Mikveh Israel Congregation, through its duly au- thorized representatives, has executed an agreement in terms and conditions satisfactory to the Secretary of the Interior, providing for the continuing administra- tion, care, and maintenance, without expense to the United States, of the Mikveh Israel Cemetery, where- upon said Secretary shall issue a notice declaring that said requirement has been met and that Mikveh Israel Cemetery is formally designated a unit of the Inde- pendence National Historical Park.’’ § 407m–1. Acquisition of additional lands and buildings The Secretary of the Interior is authorized to acquire by donation or with donated funds, or to acquire by purchase, the land and buildings im- mediately adjacent to, but not including, the St. George’s Methodist Church property, which land and buildings are identified generally as 318, 320, and 322 New Street, for inclusion in the Inde- pendence National Historical Park: Provided, That the Secretary shall first enter into an agreement with the proprietor or proprietors of the St. George’s Methodist Church property, such agreement to contain the usual and cus- tomary provisions for the protection and phys- ical maintenance of said church property, with- out expense to the United States, in keeping with, but not as a part of, the nearby Independ- ence National Historical Park and providing for its continued use, without limitation or control, for customary church purposes. (Pub. L. 86–54, § 1, June 23, 1959, 73 Stat. 88.) Editorial Notes CODIFICATION Section was not enacted as a part of act June 28, 1948, ch. 687, 62 Stat. 1061, as amended, which comprises this subchapter. Statutory Notes and Related Subsidiaries APPROPRIATIONS Pub. L. 86–54, § 2, June 23, 1959, 73 Stat. 88, provided that: ‘‘There are hereby authorized to be appropriated such sums, not exceeding $25,000, as may be necessary to carry out the purposes of section 1 of this Act [this section].’’ § 407m–2. Acquisition of property adjacent to Old Saint Joseph’s Church The Secretary of the Interior is authorized to acquire by donation or with donated funds, or to acquire by purchase, from the Redevelopment Authority of the City of Philadelphia the land and interests in land immediately adjacent to, but not including the Old Saint Joseph’s Church property in the city of Philadelphia, Pennsyl- vania, which land and interests in land are iden- tified on the records of the city of Philadelphia as 324, 326, 328, 330, 332, 334 and 336 Walnut Street, for inclusion in the Independence Na- tional Historical Park: Provided, That the Sec- retary shall first enter into an agreement with the proprietor or proprietors of the Old Saint Joseph’s Church property, such agreement to contain the usual and customary provisions for the protection and physical maintenance of such church property, without expense to the United States, in keeping with, but not as a part of the nearby Independence National Historical Park and providing for its continued use, without lim- itation or control, for customary church pur- poses. (Pub. L. 86–273, § 1, Sept. 14, 1959, 73 Stat. 556.) Editorial Notes CODIFICATION Section was not enacted as a part of act June 28, 1948, ch. 687, 62 Stat. 1061, as amended, which comprises this subchapter. Statutory Notes and Related Subsidiaries APPROPRIATIONS Section 2 of Pub. L. 86–273 authorized to be appro- priated such sums, not exceeding $46,200 as were nec- essary to carry out the purposes of this section. § 407m–3. Acquisition of site of Graff House In order to include in Independence National Historical Park the site of the Graff House where Thomas Jefferson wrote the Declaration of Independence, the Secretary of the Interior is authorized to acquire by purchase, donation, or with donated funds all or any interests in the land and improvements thereon located at the southwest corner of Market and South Seventh Streets, in the city of Philadelphia, State of Pennsylvania, and more particularly described as follows: Beginning at a point located at the intersec- tion of the southerly line of Market Street with the westerly line of South Seventh Street,