16 U.S.C. § 410vvv — Oregon Caves National Monument and

Page 435 TITLE 16—CONSERVATION § 410vvv to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services). (g) Adjacent management (1) In general Nothing in this section creates a protective perimeter or buffer zone around the boundary of the Historical Park. (2) Activities outside the boundary of the His- torical Park The fact that an activity or use on land out- side the boundary of the Historical Park can be seen or heard from within the boundary shall not preclude the activity or use outside the boundary of the Historical Park. (h) No cause of action Nothing in this section shall be construed to create a cause of action with respect to activi- ties outside or adjacent to the established boundary of the Historical Park. (Pub. L. 113–291, div. B, title XXX, § 3039, Dec. 19, 2014, 128 Stat. 3784.) Editorial Notes REFERENCES IN TEXT The National Park System Organic Act (16 U.S.C. 1 et seq.), referred to in subsec. (f)(1)(B)(i), probably means the National Park Service Organic Act, act Aug. 25, 1916, ch. 408, 39 Stat. 535, 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 re- pealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, 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 pre- ceding section 100101 of Title 54. The Act of August 21, 1935 (16 U.S.C. 461 et seq.), re- ferred to in subsec. (f)(1)(B)(ii), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiq- uities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, 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. CODIFICATION In subsec. (f)(2), ‘‘section 100502 of title 54’’ sub- stituted for ‘‘section 12(b) of Public Law 91–383 (com- monly known as the National Park Service General Au- thorities Act; 16 U.S.C. 1a–7(b))’’ on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. SUBCHAPTER LIX–TT—OREGON CAVES NATIONAL MONUMENT AND PRESERVE § 410vvv. Oregon Caves National Monument and Preserve (a) Definitions In this section: (1) Map The term ‘‘map’’ means the map entitled ‘‘Oregon Caves National Monument and Pre- serve’’, numbered 150/80,023, and dated May 2010. (2) Monument The term ‘‘Monument’’ means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909. (3) National Monument and Preserve The term ‘‘National Monument and Pre- serve’’ means the Oregon Caves National Monument and Preserve designated by sub- section (b)(1)(A). (4) National Preserve The term ‘‘National Preserve’’ means the National Preserve designated by subsection (b)(1)(B). (5) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (6) Secretary concerned The term ‘‘Secretary concerned’’ means— (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with re- spect to land managed by the Bureau of Land Management. (7) State The term ‘‘State’’ means the State of Or- egon. (b) Designations; land transfer; boundary adjust- ment (1) Designations (A) In general The Monument and the National Preserve shall be administered as a single unit of the National Park System and collectively known and designated as the ‘‘Oregon Caves National Monument and Preserve’’. (B) National Preserve The approximately 4,070 acres of land iden- tified on the map as ‘‘Proposed Addition Lands’’ shall be designated as a National Preserve. (2) Transfer of administrative jurisdiction (A) In general Administrative jurisdiction over the land designated as a National Preserve under paragraph (1)(B) is transferred from the Sec- retary of Agriculture to the Secretary, to be administered as part of the National Monu- ment and Preserve. (B) Exclusion of land The boundaries of the Rogue River- Siskiyou National Forest are adjusted to ex- clude the land transferred under subpara- graph (A). (3) Boundary adjustment The boundary of the National Monument and Preserve is modified to exclude approxi- mately 4 acres of land— Page 436 TITLE 16—CONSERVATION § 410vvv 1 See References in Text note below. (A) located in the City of Cave Junction; and (B) identified on the map as the ‘‘Cave Junction Unit’’. (4) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (5) References Any reference in a law, map, regulation, doc- ument, paper, or other record of the United States to the Monument shall be considered to be a reference to the ‘‘Oregon Caves National Monument and Preserve’’. (c) Administration (1) In general The Secretary shall administer the National Monument and Preserve in accordance with— (A) this section; (B) Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (C) any law (including regulations) gen- erally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.).1 (2) Fire management As soon as practicable after December 19, 2014, in accordance with paragraph (1), the Secretary shall— (A) revise the fire management plan for the Monument to include the land trans- ferred under subsection (b)(2)(A); and (B) in accordance with the revised plan, carry out hazardous fuel management ac- tivities within the boundaries of the Na- tional Monument and Preserve. (3) Existing Forest Service contracts (A) In general The Secretary shall— (i) allow for the completion of any For- est Service stewardship or service contract executed as of December 19, 2014, with re- spect to the National Preserve; and (ii) recognize the authority of the Sec- retary of Agriculture for the purpose of ad- ministering a contract described in clause (i) through the completion of the contract. (B) Terms and conditions All terms and conditions of a contract de- scribed in subparagraph (A)(i) shall remain in place for the duration of the contract. (C) Liability The Forest Service shall be responsible for any liabilities relating to a contract de- scribed in subparagraph (A)(i). (4) Grazing (A) In general Subject to subparagraph (B), the Secretary may allow the grazing of livestock within the National Preserve to continue as author- ized under permits or leases in existence as of December 19, 2014. (B) Applicable law Grazing under subparagraph (A) shall be— (i) at a level not greater than the level at which the grazing exists as of December 19, 2014, as measured in Animal Unit Months; and (ii) in accordance with each applicable law (including National Park Service regu- lations). (5) Fish and wildlife The Secretary shall permit hunting and fish- ing on land and waters within the National Preserve in accordance with applicable Fed- eral and State laws, except that the Secretary may, in consultation with the Oregon Depart- ment of Fish and Wildlife, designate zones in which, and establish periods during which, no hunting or fishing shall be permitted for rea- sons of public safety, administration, or com- pliance by the Secretary with any applicable law (including regulations). (d) Voluntary grazing lease or permit donation program (1) Donation of lease or permit (A) Acceptance by Secretary concerned The Secretary concerned shall accept a grazing lease or permit that is donated by a lessee or permittee for— (i) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou Na- tional Forest; and (ii) the Billy Mountain Grazing Allot- ment located on a parcel of land that is managed by the Secretary (acting through the Director of the Bureau of Land Man- agement). (B) Termination With respect to each grazing permit or lease donated under subparagraph (A), the Secretary shall— (i) terminate the grazing permit or lease; and (ii) ensure a permanent end to grazing on the land covered by the grazing permit or lease. (2) Effect of donation A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a graz- ing lease or grazing permit) under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. (Pub. L. 113–291, div. B, title XXX, § 3041, Dec. 19, 2014, 128 Stat. 3789.) Editorial Notes REFERENCES IN TEXT Presidential Proclamation Number 876, referred to in subsecs. (a)(2) and (c)(1)(B), is listed in a table of Na- tional Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. The National Park Service Organic Act (16 U.S.C. 1 et seq.), referred to in subsec. (c)(1)(C), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, 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 re- Page 437 TITLE 16—CONSERVATION § 410www–1 pealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, 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 pre- ceding section 100101 of Title 54. CODIFICATION Section is comprised of section 3041 of Pub. L. 113–291. Subsec. (e) of section 3041 of Pub. L. 113–291 amended sections 1274 and 1276 of this title. SUBCHAPTER LIX–UU—MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK Editorial Notes CODIFICATION Subchapter was formerly classified to subchapter CXXXIX (§ 460bbbb et seq.) of this chapter prior to transfer to this subchapter. Pub. L. 96–428, which enacted this subchapter, origi- nally established the Martin Luther King, Junior, Na- tional Historic Site, which is listed in a table of Na- tional Historic Sites under section 320101 of Title 54, National Park Service and Related Programs. The amendments made by Pub. L. 115–108 effectively redes- ignated the site as the Martin Luther King, Jr. Na- tional Historical Park, after which the text of Pub. L. 96–428 was set out as this subchapter. § 410www. Establishment of Martin Luther King, Jr. National Historical Park (a) In order to protect and interpret for the benefit, inspiration, and education of present and future generations the places where Martin Luther King, Junior, was born, where he lived, worked, and worshipped, and where he is buried, there is hereby established the Martin Luther King, Jr. National Historical Park in the State of Georgia. The national historical park shall consist of that real property in the city of At- lanta, Georgia, within the boundary generally depicted on the map entitled ‘‘Martin Luther King, Jr. National Historical Park Proposed Boundary Revision’’, numbered 489/128,786 and dated June 2015, together with the property known as 234 Sunset Avenue, Northwest. The map referred to in this subsection shall be on file and available for public inspection in the local and Washington, District of Columbia of- fices of the National Park Service, Department of the Interior. (b) In furtherance of the purposes of this sub- chapter, there is hereby established the Martin Luther King, Junior, Preservation District, which shall consist of the area identified as ‘‘Preservation District’’ in the map referred to in subsection (a) of this section. (Pub. L. 96–428, § 1, Oct. 10, 1980, 94 Stat. 1839; Pub. L. 102–575, title XL, § 4024(a), Oct. 30, 1992, 106 Stat. 4768; Pub. L. 115–108, § 2(1)–(3), Jan. 8, 2018, 131 Stat. 2267.) Editorial Notes CODIFICATION Section was formerly classified to section 460bbbb of this title. This subchapter is comprised of Pub. L. 96–428, as amended. Pub. L. 96–428 is also listed in a table of Na- tional Historic Sites set out under section 320101 of Title 54, National Park Service and Related Programs. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–108 substituted ‘‘Martin Luther King, Jr. National Historical Park’’ for ‘‘Martin Luther King, Junior, National Historic Site’’, ‘‘the map entitled ‘Martin Luther King, Jr. National Historical Park Proposed Boundary Revision’, numbered 489/ 128,786 and dated June 2015’’ for ‘‘the map entitled ‘Mar- tin Luther King, Junior, National Historic Site Bound- ary Map’, number 489/80,013B, and dated September 1992’’, and ‘‘national historical park’’ for ‘‘national his- toric site’’. 1992—Subsec. (a). Pub. L. 102–575 substituted ‘‘number 489/80,013B, and dated September 1992’’ for ‘‘numbered NASM/SERO/20, 109–C, and dated May 1980’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–108, § 1, Jan. 8, 2018, 131 Stat. 2267, provided that: ‘‘This Act [amending this section and sections 410www–1, 410www–2, and 410www–4 of this title and en- acting provisions set out as a note under this section] may be cited as the ‘Martin Luther King, Jr. National Historical Park Act of 2017’. SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–314, § 1, Oct. 5, 2004, 118 Stat. 1198, provided that: ‘‘This Act [amending section 410www–1 of this title and enacting provisions set out as a note under this section] may be cited as the ‘Martin Luther King, Junior, National Historic Site Land Exchange Act’.’’ REFERENCES Pub. L. 115–108, § 3, Jan. 8, 2018, 131 Stat. 2267, provided that: ‘‘Any reference in a law (other than this Act [See Short Title of 2017 Amendment note above]), map, regu- lation, document, paper, or other record of the United States to ‘Martin Luther King, Junior, National His- toric Site’ shall be deemed to be a reference to ‘Martin Luther King, Jr. National Historical Park’.’’ FINDINGS AND PURPOSE Pub. L. 108–314, § 2, Oct. 5, 2004, 118 Stat. 1198, provided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) Public Law 96–438 [probably means 96–428, en- acting this subchapter] established the Martin Lu- ther King, Junior, National Historic Site [now Martin Luther King, Jr. National Historical Park], and al- lows acquisition, by donation only, of lands owned by the State. ‘‘(2) The National Park Service owns a vacant lot that has no historic significance. The City of Atlanta has expressed interest in acquiring this property to encourage commercial development along Edgewood Avenue. ‘‘(3) The National Historic Site Visitor Center and Museum is land-locked and has no emergency ingress or egress, making it virtually impossible for fire- fighting equipment to reach. ‘‘(4) The acquisition of city-owned property would enable the National Park Service to establish easy street access to the National Historic Site Visitor Center and Museum, and would benefit the City by exchanging a piece of property that the City could de- velop. ‘‘(b) PURPOSE.—The purpose of this Act [see Short Title of 2004 Amendment note above] is to authorize the exchange of certain lands within the Martin Luther King, Junior, National Historic Site for lands owned by the City of Atlanta, Georgia.’’ § 410www–1. Administration (a) The Secretary of the Interior (hereinafter referred to as ‘‘the Secretary’’) shall administer