54 U.S.C. § 320104 — Jurisdiction of States in acquired land

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 Page 171 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 320301 State, of its civil and criminal jurisdiction in and over land acquired by the United States under this chapter. (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) 320104 ......... 16 U.S.C. 465. Aug. 21, 1935, ch. 593, § 5, 49 Stat. 668. § 320105. Criminal penalties Criminal penalties for a violation of a regula- tion authorized by this chapter are provided by section 1866 of title 18. (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) 320105 ......... no source. The section is added for informational purposes. § 320106. Limitation on obligation or expenditure of appropriated amounts Notwithstanding any other provision of law, no funds appropriated or otherwise made avail- able to the Secretary to carry out subsection (f) or (g) of section 320102 of this title may be obli- gated or expended— (1) unless the appropriation of the funds has been specifically authorized by law enacted on or after October 30, 1992; or (2) in excess of the amount prescribed by law enacted on or after October 30, 1992. (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) 320106 ......... 16 U.S.C. 466(a). Aug. 21, 1935, ch. 593, § 6(a), 49 Stat. 668; Pub. L. 102–575, title XL, § 4023, Oct. 30, 1992, 106 Stat. 4768. The words ‘‘Except as provided in subsection (b) of this section’’ are omitted as obsolete. CHAPTER 3203—MONUMENTS, RUINS, SITES, AND OBJECTS OF ANTIQUITY Sec. 320301. National monuments. 320302. Permits. 320303. Regulations. § 320301. National monuments (a) PRESIDENTIAL DECLARATION.—The Presi- dent may, in the President’s discretion, declare by public proclamation historic landmarks, his- toric and prehistoric structures, and other ob- jects of historic or scientific interest that are situated on land owned or controlled by the Fed- eral Government to be national monuments. (b) RESERVATION OF LAND.—The President may reserve parcels of land as a part of the national monuments. The limits of the parcels shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. (c) RELINQUISHMENT TO FEDERAL GOVERN- MENT.—When an object is situated on a parcel covered by a bona fide unperfected claim or held in private ownership, the parcel, or so much of the parcel as may be necessary for the proper care and management of the object, may be re- linquished to the Federal Government and the Secretary may accept the relinquishment of the parcel on behalf of the Federal Government. (d) LIMITATION ON EXTENSION OR ESTABLISH- MENT OF NATIONAL MONUMENTS IN WYOMING.—No extension or establishment of national monu- ments in Wyoming may be undertaken except by express authorization of Congress. (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) 320301(a) through (c). 16 U.S.C. 431. June 8, 1906, ch. 3060, § 2, 34 Stat. 225. 320301(d) ..... 16 U.S.C. 431a. Sept. 14, 1950, ch. 950, § 1 (proviso relating to na- tional monuments), 64 Stat. 849. In subsection (c), the word ‘‘parcel’’ is substituted for ‘‘tract’’ for consistency in this section. In subsection (d), the word ‘‘further’’ is omitted as obsolete. NATIONAL MONUMENTS ESTABLISHED UNDER PRESIDENTIAL PROCLAMATION Ackia Battleground National Monument, Mississippi [see section 450r of Title 16, Conservation].—Proc. No. 2307, Oct. 25, 1938, 53 Stat. 2494. Admiralty Island National Monument, Alaska [Monu- ment established within Tongass National Forest by Pub. L. 96–487, title V, § 503(b), Dec. 2, 1980, 94 Stat. 2399; Pub. L. 104–123, Apr. 1, 1996, 110 Stat. 879; Pub. L. 105–60, Oct. 10, 1997, 111 Stat. 1269].—Proc. No. 4611, Dec. 1, 1978, 93 Stat. 1446. African Burial Ground National Monument, New York.—Proc. No. 7984, Feb. 27, 2006, 71 F.R. 10793. Agua Fria National Monument, Arizona.—Proc. No. 7263, Jan. 11, 2000, 65 F.R. 2817. Andrew Johnson National Monument, Tennessee [Monument redesignated Andrew Johnson National Historical Site, see section 450o of Title 16, Con- servation].—Proc. No. 2554, Apr. 27, 1942, 56 Stat. 1955. Aniakchak National Monument, Alaska [Monument established as unit of National Park System, see section 410hh(1) of Title 16, Conservation].—Proc. No. 4612, Dec. 1, 1978, 93 Stat. 1448. Arches National Monument, Utah [Monument abol- ished and funds made available to Arches National Park, see section 272 of Title 16, Conservation].— Proc. No. 1875, Apr. 12, 1929, 46 Stat. 2988; Proc. No. 2312, Nov. 25, 1938, 53 Stat. 2504; Proc. No. 3360, July 22, 1960, 74 Stat. C79; Proc. No. 3887, Jan. 20, 1969, 83 Stat. 920. Avi Kwa Ame National Monument, Nevada.—Proc. No. 10533, Mar. 21, 2023, 88 F.R. 17987; Ex. Ord. No. 14109, § 1(ii), Sept. 29, 2023, 88 F.R. 68448. Aztec Ruins National Monument, New Mexico.—Proc. No. 1650, Jan. 24, 1923, 42 Stat. 2295; Proc. No. 1840, July 2, 1928, 45 Stat. 2954; Proc. No. 1928, Dec. 19, 1930, 46 Stat. 3040; Proc. No. 2787, May 27, 1948, 62 Stat. 1513; Pub. L. 100–559, title VI, §§ 601–604, Oct. 28, 1988, 102 Stat. 2800. Baaj Nwaavjo I’tah Kukveni—Ancestral Footprints of the Grand Canyon National Monument, Arizona.— Proc. No. 10606, Aug. 8, 2023, 88 F.R. 55331; Ex. Ord. No. 14109, § 1(jj), Sept. 29, 2023, 88 F.R. 68448.