16 U.S.C. § 410xx — Establishment

Page 349 TITLE 16—CONSERVATION § 410xx which encourage or enhance appreciation of the historic resources in the Miami Valley associ- ated with the Wright brothers, aviation, or the life and works of Paul Laurence Dunbar. (g) Technical and preservation assistance The Commission may provide technical and preservation assistance to owners of property within the districts, sites, and properties re- ferred to in section 410ww–22(a) of this title con- sistent with the purposes of this subchapter. (h) Obtaining property (1) The Commission may obtain by purchase, rental, donation, or otherwise, such property, fa- cilities, and services as may be needed to carry out its duties except that the Commission may not acquire any real property or interest in real property otherwise than under paragraph (2). (2) Subject to paragraph (3), the Commission may acquire real property, or interests in real property, in the districts, sites, and properties referred to in section 410ww–22(a) of this title— (A) by gift or devise; or (B) by purchase from a willing seller with money which was given or bequeathed to the Commission on the condition that such money would be used to purchase real property, or in- terests in real property, in such district and sites. (3) Any real property or interest in real prop- erty acquired by the Commission under para- graph (2) shall be conveyed by the Commission to an appropriate public agency, as determined by the Commission. Any such conveyance shall be made— (A) as soon as practicable after such acquisi- tion; (B) without consideration; and (C) on the condition that the real property or interest in real property so conveyed is used for public purposes. (Pub. L. 102–419, title II, § 203, Oct. 16, 1992, 106 Stat. 2146.) § 410ww–24. Staff of Commission (a) Director The Commission shall have a Director who shall be appointed by the Commission. (b) Additional personnel The Commission may appoint and fix the pay of such additional personnel as the Commission deems necessary. Such staff may include spe- cialists in areas such as interpretation, historic preservation, black history and literature, avia- tion history and technology, and urban revital- ization. (c) Temporary services Subject to such rules as may be adopted by the Commission, the Commission may procure tem- porary and intermittent services to the same ex- tent as is authorized by section 3109(b) of title 5, but at rates determined by the Commission to be reasonable. (d) Detail Upon request of the Commission, the head of any Federal agency represented by a member on the Commission may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its du- ties under this subchapter. (e) Administrative support The Administrator of the General Services Ad- ministration shall provide to the Commission on a reimbursable basis such administrative sup- port services as the Commission may request. (f) State and local services The Commission may accept the services of personnel detailed from the State or any polit- ical subdivision of the State and may reimburse the State or such political subdivision for such services. (g) Inapplicability of certain provisions of title 5 The director and staff of the Commission may be appointed without regard to the provisions of title 5 governing appointments in the competi- tive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in ex- cess of the annual rate of basic pay payable for grade GS–15 of the General Schedule. (Pub. L. 102–419, title II, § 204, Oct. 16, 1992, 106 Stat. 2147.) Editorial Notes REFERENCES IN TEXT Grade GS–15 of the General Schedule, referred to in subsec. (g), is set out under section 5332 of Title 5, Gov- ernment Organization and Employees. § 410ww–25. Authorization of appropriations There are authorized to be appropriated annu- ally to the Commission to carry out its duties under this subchapter $350,000, except that the Federal contribution to the Commission shall not exceed 50 percent of the annual costs to the Commission in carrying out those duties. (Pub. L. 102–419, title II, § 205, Oct. 16, 1992, 106 Stat. 2148.) SUBCHAPTER LIX–V—DRY TORTUGAS NATIONAL PARK § 410xx. Establishment (a) In general In order to preserve and protect for the edu- cation, inspiration, and enjoyment of present and future generations nationally significant natural, historic, scenic, marine, and scientific values in South Florida, there is hereby estab- lished the Dry Tortugas National Park (herein- after in this subchapter referred to as the ‘‘park’’). (b) Area included The park shall consist of the lands, waters, and interests therein generally depicted on the map entitled ‘‘Boundary Map, Fort Jefferson National Monument’’, numbered 364–90,001, and dated April 1980 (which is the map referenced by section 201 of Public Law 96–287). The map shall be on file and available for public inspection in the offices of the National Park Service, Depart- ment of the Interior. Page 350 TITLE 16—CONSERVATION § 410xx–1 1 See References in Text note below. (c) Abolition of monument The Fort Jefferson National Monument is hereby abolished. (Pub. L. 102–525, title II, § 201, Oct. 26, 1992, 106 Stat. 3439.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title II of Pub. L. 102–525, Oct. 26, 1992, 106 Stat. 3439, which enacted this sub- chapter and amended provisions listed in a National Monuments Established Under Presidential Proclama- tion table set out under section 320301 of Title 54, Na- tional Park Service and Related Programs. For com- plete classification of title II to the Code, see Tables. Section 201 of Public Law 96–287, referred to in sub- sec. (b), appears in a table under the heading ‘‘National Monuments Established Under Presidential Proclama- tion’’, set out as a note under section 320301 of Title 54, National Park Service and Related Programs. § 410xx–1. Administration (a) In general The Secretary shall administer the park in ac- cordance with this subchapter and with the pro- visions of law generally applicable to units of the national park system, including the Act en- titled ‘‘An Act to establish a National Park Service, and for other purposes’’, approved Au- gust 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4).1 (b) Management purposes The park shall be managed for the following purposes, among others: (1) To protect and interpret a pristine sub- tropical marine ecosystem, including an in- tact coral reef community. (2) To protect populations of fish and wild- life, including (but not limited to) loggerhead and green sea turtles, sooty terns, frigate birds, and numerous migratory bird species. (3) To protect the pristine natural environ- ment of the Dry Tortugas group of islands. (4) To protect, stabilize, restore, and inter- pret Fort Jefferson, an outstanding example of nineteenth century masonry fortification. (5) To preserve and protect submerged cul- tural resources. (6) In a manner consistent with paragraphs (1) through (5), to provide opportunities for scientific research. (Pub. L. 102–525, title II, § 202, Oct. 26, 1992, 106 Stat. 3440.) Editorial Notes REFERENCES IN TEXT The Act entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4), referred to in subsec. (a), 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. § 410xx–2. Land acquisition and transfer of prop- erty (a) In general Within the boundaries of the park the Sec- retary may acquire lands and interests in land by donation or exchange. For the purposes of ac- quiring property by exchange with the State of Florida, the Secretary may, notwithstanding any other provision of law, exchange those Fed- eral lands which were deleted from the park by the boundary modifications enacted by section 201 of the Act of June 28, 1980 (Public Law 96–287), and which are directly adjacent to lands owned by the State of Florida outside of the park, for lands owned by the State of Florida within the park boundary. (b) United States Coast Guard lands When all or any substantial portion of lands under the administration of the United States Coast Guard located within the park boundaries, including Loggerhead Key, have been deter- mined by the United States Coast Guard to be excess to its needs, such lands shall be trans- ferred directly to the jurisdiction of the Sec- retary for the purposes of this subchapter. The United States Coast Guard may reserve the right in such transfer to maintain and utilize the existing lighthouse on Loggerhead Key in a manner consistent with the purposes of the United States Coast Guard and the purposes of this subchapter. (c) Administrative site The Secretary is authorized to lease or to ac- quire, by purchase, donation, or exchange, and to operate incidental administrative and sup- port facilities in Key West, Florida, for park ad- ministration and to further the purposes of this subchapter. (Pub. L. 102–525, title II, § 203, Oct. 26, 1992, 106 Stat. 3440.) Editorial Notes REFERENCES IN TEXT Section 201 of the Act of June 28, 1980 (Public Law 96–287), referred to in subsec. (a), appears in a table under the heading ‘‘National Monuments Established Under Presidential Proclamation’’, set out as a note under section 320301 of Title 54, National Park Service and Related Programs. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.