16 U.S.C. § 283b — Establishment; notice in Federal Register;

Page 173 TITLE 16—CONSERVATION § 283b 1 So in original. Probably should be ‘‘San Juan Island National Historical Park.’’ § 282c. Authorization of appropriations There are hereby authorized to be appro- priated such sums, but not more than $13,575,000 for the acquisition of lands and interests therein and for the development of the San Juan Na- tional Historical Park.1 (Pub. L. 89–565, § 4, Sept. 9, 1966, 80 Stat. 737; Pub. L. 95–625, title I, § 101(22), Nov. 10, 1978, 92 Stat. 3472; Pub. L. 111–88, div. A, title I, § 118, Oct. 30, 2009, 123 Stat. 2929.) Editorial Notes AMENDMENTS 2009—Pub. L. 111–88 substituted ‘‘$13,575,000’’ for ‘‘$5,575,000’’. 1978—Pub. L. 95–625 substituted ‘‘$5,575,000’’ for ‘‘$3,542,000’’. SUBCHAPTER XXXIV—GUADALUPE MOUNTAINS NATIONAL PARK § 283. Establishment; purposes; boundaries (a) In order to preserve in public ownership an area in the State of Texas possessing out- standing geological values together with scenic and other natural values of great significance, the Secretary of the Interior shall establish the Guadalupe Mountains National Park, consisting of the land and interests in land within the area shown on the drawing entitled ‘‘Proposed Gua- dalupe Mountains National Park, Texas’’, num- bered SA–GM–7100C and dated February 1965, which is on file and available for public inspec- tion in the offices of the National Park Service, Department of the Interior. Notwithstanding the foregoing, however, the Secretary shall omit from the park sections 7 and 17, P.S.L. Block 121, in Hudspeth County, and revise the boundaries of the park accord- ingly if the owner of said sections agrees, on be- half of himself, his heirs and assigns that there will not be erected thereon any structure which, in the judgment of the Secretary, adversely af- fects the public use and enjoyment of the park. (b) The boundary of Guadalupe Mountains Na- tional Park is hereby modified to include the area which comprises approximately 10,123 acres as generally depicted on the map entitled ‘‘Boundary Proposal’’ and dated August 1986, which shall be on file and available for public in- spection in the office of the Director of the Na- tional Park Service and in the office of the Su- perintendent of the Guadalupe Mountains Na- tional Park. (Pub. L. 89–667, § 1, Oct. 15, 1966, 80 Stat. 920; Pub. L. 100–541, § 1, Oct. 28, 1988, 102 Stat. 2720.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–541 designated existing provisions as subsec. (a) and added subsec. (b). § 283a. Acquisition of lands (a) Authority of Secretary; manner and place; concurrence of State owner Within the boundaries of the Guadalupe Moun- tains National Park, the Secretary of the Inte- rior may acquire land or interests therein by do- nation, purchase with donated or appropriated funds, exchange, or in such other manner as he deems to be in the public interest. Any property, or interest therein, owned by the State of Texas, or any political subdivision thereof, may be ac- quired only with the concurrence of such owner. (b) Adjacent or vicinal land; exchange of prop- erty; cash equalization payments In order to facilitate the acquisition of pri- vately owned lands in the park by exchange and avoid the payment of severance costs, the Sec- retary of the Interior may acquire approxi- mately 4,667 acres of land or interests in land which lie adjacent to or in the vicinity of the park. Land so acquired outside the park bound- ary may be exchanged by the Secretary on an equal-value basis, subject to such terms, condi- tions, and reservations as he may deem nec- essary, for privately owned land located within the park. The Secretary may accept cash from or pay cash to the grantor in such exchange in order to equalize the values of the properties ex- changed. In order to provide for an adequate en- trance road into the McKittrick Canyon area of the park, the Secretary may accept title to and interests in lands comprising a right-of-way for a road or roads outside of the boundary of the park from United States Highway numbered 62 and 180 to the park boundary, and in exchange therefor he may convey title to and interests in lands comprising a right-of-way from said high- way to the boundary which have been donated to the United States. The Secretary may accept cash from or pay cash to the grantor in such ex- change in order to equalize the values of the properties exchanged. Lands and interests in lands comprising the right-of-way acquired pur- suant to this subsection shall be administered as part of the park. (Pub. L. 89–667, § 2, Oct. 15, 1966, 80 Stat. 920; Pub. L. 94–174, Dec. 23, 1975, 89 Stat. 1029.) Editorial Notes AMENDMENTS 1975—Subsec. (b). Pub. L. 94–174 inserted provisions relating to the exchange of lands in order to provide for an adequate entrance road into the McKittrick Canyon area of the park. § 283b. Establishment; notice in Federal Register; property rights (a) Federal title to property, donation of State and other non-Federal mineral rights and in- terests, and establishment; notice in Federal Register; acquisition of remaining property; purchase options pending establishment of park; contingent purchase contracts When the title to all privately owned land within the boundary of the park, subject to such outstanding interests, rights, and easements as the Secretary determines are not objectionable, with the exception of approximately 4,574 acres which are planned to be acquired by exchange, is vested in the United States and after the State of Texas has donated or agreed to donate to the United States whatever rights and interests in minerals underlying the lands within the bound- aries of the park it may have and other owners Page 174 TITLE 16—CONSERVATION § 283b of such rights and interests have donated or agreed to donate the same to the United States, notice thereof and notice of the establishment of the Guadalupe Mountains National Park shall be published in the Federal Register. Thereafter, the Secretary may continue to acquire the re- maining land and interests in land within the boundaries of the park. The Secretary is author- ized, pending establishment of the park, to nego- tiate and acquire options for the purchase of lands and interests in land within the bound- aries of the park. He is further authorized to execute contracts for the purchase of such lands and interests, but the liability of the United States under any such contract shall be contin- gent on the availability of appropriated or do- nated funds to fulfill the same. (b) Preferential right to reconveyance of mineral rights and interests upon nonuser of lands for national park purposes; notice; period for exercise; beneficiaries In the event said lands or any part thereof cease to be used for national park purposes, the persons (including the State of Texas) who do- nated to the United States rights and interests in minerals in the lands within the park shall be given notice, in accordance with regulations to be prescribed by the Secretary, of their pref- erential right to a reconveyance, without con- sideration, of the respective rights and interests in minerals which they donated to the United States. Such notice shall be in a form reason- ably calculated to give actual notice to those entitled to such preferential right, and shall provide for a period of not less than one hundred and eighty days within which to exercise such preferential right. The preferential right to such reconveyance shall inure to the benefit of the successors, heirs, devisees, or assigns of such persons having such preferential right to a re- conveyance, and such successors, heirs, devisees, or assigns shall be given the notice provided for in this subsection. (c) Leases of mineral rights and interests: with- drawal from leasing; mineral leasing, sale of surplus property, and sale provisions inap- plicable; subsection (c) inapplicable upon failure or refusal to exercise preferential right to reconveyance Such rights and interests in minerals, includ- ing all minerals of whatever nature, in and un- derlying the lands within the boundaries of the park and which are acquired by the United States under the provisions of this subchapter are hereby withdrawn from leasing and are here- by excluded from the application of the present or future provisions of the Mineral Leasing Act for Acquired Lands [30 U.S.C. 351 et seq.] or other Act in lieu thereof having the same pur- pose, and the same are hereby also excluded from the provisions of all present and future laws affecting the sale of surplus property or of said mineral interests acquired pursuant to this subchapter by the United States or any depart- ment or agency thereof, except that, if such per- son having such preferential right to a re- conveyance fails or refuses to exercise such pref- erential right to a reconveyance as provided in subsection (b) of this section then this sub- section (c) shall not be applicable to the rights and interests in such minerals in the identical lands of such person so failing or refusing to ex- ercise such preferential right to a reconveyance from and after the one hundred and eighty-day period referred to in subsection (b) of this sec- tion. (d) Preferential right to lease mineral rights and interests necessary for national welfare or emergency: notice, terms and conditions, beneficiaries; other leases upon failure or re- fusal to exercise right: terms and conditions If at any time in the future an Act of Congress provides that the national welfare or an emer- gency requires the development and production of the minerals underlying the lands within the boundaries of the national park, or any portion thereof, and such Act of Congress, notwith- standing the provisions of subsection (c) of this section or any other Act, authorizes the Sec- retary to lease said land for the purpose of drill- ing, mining, developing, and producing said min- erals, the Secretary shall give the persons (in- cluding the State of Texas) who donated such minerals to the United States notice of their preferential right to lease, without consider- ation, all or any part of the respective rights and interests in minerals which they donated to the United States, subject to such terms and conditions as the Secretary may prescribe. Such preferential right shall inure to the benefit of the successors or assigns, and of the heirs or devisees of such persons having such pref- erential right in the premises. The persons enti- tled to a preferential right under this subsection shall be given the same notice thereof as persons entitled to preferential rights under subsection (b) of this section. If such person having such preferential right fails or refuses to exercise such right within the time specified in the above notice, the Secretary may thereafter lease the minerals involved to any other person under such terms and conditions as he may prescribe. (e) Proceeds from communitization agreement or protective action; beneficiaries If at any time oil, gas, or other minerals should be discovered and produced in commer- cial quantities from lands outside of the bound- aries of the park, thereby causing drainage of oil, gas, or other minerals from lands within the boundaries of the park, and if the Secretary par- ticipates in a communitization agreement or takes other action to protect the rights of the United States, the proceeds, if any, derived from such agreement or action shall inure to the ben- efit of the donors of the oil, gas, or other min- erals, or their successors, heirs, devisees, or as- signs. (Pub. L. 89–667, § 3, Oct. 15, 1966, 80 Stat. 920.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act for Acquired Lands, referred to in subsec. (c), is act Aug. 7, 1947, ch. 513, 61 Stat. 913, which is classified generally to chapter 7 (§ 351 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 30 and Tables. Page 175 TITLE 16—CONSERVATION § 284a 1 See References in Text note below. 1 See References in Text note below. § 283c. Administration The Guadalupe Mountains National Park shall be administered by the Secretary of the Interior in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4),1 as amended and supplemented. (Pub. L. 89–667, § 4, Oct. 15, 1966, 80 Stat. 922.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. § 283d. Availability of funds Any funds available for the purpose of admin- istering the five thousand six hundred and thir- ty-two acres of lands previously donated to the United States in Culberson County, Texas, shall upon establishment of the Guadalupe Mountains National Park pursuant to this subchapter be available to the Secretary for purposes of such park. (Pub. L. 89–667, § 5, Oct. 15, 1966, 80 Stat. 922.) § 283e. Authorization of appropriations; expendi- ture for improvements limitation (a) There are hereby authorized to be appro- priated such sums as may be necessary for the acquisition of lands and interest in lands, and not more than $24,715,000 as may be necessary for the development of the Guadalupe Moun- tains National Park. No funds appropriated for development purposes pursuant to this sub- chapter may be expended for improvements in- compatible with wilderness management within the corridor of the park leading to the summit of Guadalupe Peak. (b) In addition to amounts authorized to be ap- propriated under subsection (a), there is author- ized to be appropriated such sums as may be necessary for the construction of a fence to pro- tect the natural and cultural resources of the area added to Guadalupe Mountains National Park by section 283a(b) of this title. (Pub. L. 89–667, § 6, Oct. 15, 1966, 80 Stat. 922; Pub. L. 95–625, title I, § 101(12), Nov. 10, 1978, 92 Stat. 3471; Pub. L. 100–541, § 2, Oct. 28, 1988, 102 Stat. 2720.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–541 designated existing provisions as subsec. (a), substituted ‘‘sums’’ for ‘‘sums, but not more than $1,800,000 in all,’’, and added subsec. (b). 1978—Pub. L. 95–625 increased development appropria- tions authorization to $24,715,000 from $10,362,000 and prohibited expenditure of funds for improvements in- compatible with wilderness management within the corridor of the park leading to the summit of Guada- lupe Peak. SUBCHAPTER XXXV—WOLF TRAP NA- TIONAL PARK FOR THE PERFORMING ARTS § 284. Establishment; statement of purposes; de- scription; acquisition of property; acreage limitation For the purpose of establishing in the Na- tional Capital area a park for the performing arts and related educational programs, and for recreation use in connection therewith, the Sec- retary of the Interior is authorized to establish, develop, improve, operate, and maintain the Wolf Trap National Park for the Performing Arts in Fairfax County, Virginia. The park shall encompass the portions of the property formerly known as Wolf Trap Farm and Symphony Hill in Fairfax County, Virginia, to be donated for park purposes to the United States, and such addi- tional lands or interests therein as the Sec- retary may acquire for purposes of the park by donation or purchase with donated or appro- priated funds, the aggregate of which shall not exceed one hundred and forty-five acres. (Pub. L. 89–671, § 1, Oct. 15, 1966, 80 Stat. 950; Pub. L. 107–219, § 1(a)(1), Aug. 21, 2002, 116 Stat. 1330.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–219 substituted ‘‘Wolf Trap National Park for the Performing Arts’’ for ‘‘Wolf Trap Farm Park’’. Statutory Notes and Related Subsidiaries SHORT TITLE Section 12 of Pub. L. 89–671, as added by Pub. L. 97–310, Oct. 14, 1982, 96 Stat. 1458, and amended by Pub. L. 107–219, § 1(a)(1), Aug. 21, 2002, 116 Stat. 1330, provided that: ‘‘This Act [enacting this subchapter] may be re- ferred to as the ‘Wolf Trap National Park for the Per- forming Arts Act’.’’ STUDY OF PARK FUTURE; REPORT TO CONGRESS Pub. L. 89–671, § 13, as added by Pub. L. 101–636, § 3, Nov. 28, 1990, 104 Stat. 4587, directed Secretary, acting jointly with the Foundation, to conduct a study and analysis of the operations and management practices being used to carry out the purposes of this subchapter and to submit, not later than 2 years after Nov. 28, 1990, a report of such study and analysis to Congress. § 284a. Administration The Secretary of the Interior shall administer the park in accordance with the provisions of section 284 of this title and the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4),1 as amended and supplemented, except that laws, rules, or regula- tions that are applicable solely to units of the National Park System that are designated as a ‘‘National Park’’ shall not apply to Wolf Trap National Park for the Performing Arts. (Pub. L. 89–671, § 2, Oct. 15, 1966, 80 Stat. 951; Pub. L. 107–219, § 1(a)(2), Aug. 21, 2002, 116 Stat. 1330.)