16 U.S.C. § 410bb — Establishment

Page 283 TITLE 16—CONSERVATION § 410bb The Act of August 21, 1935 (49 Stat. 666), referred to in text, 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 Antiquities 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 The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service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 Re- lated Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classi- fication of this Act to the Code, see Tables. For disposi- tion of former sections of this title, see Disposition Table preceding section 100101 of Title 54. AMENDMENTS 1980—Pub. L. 96–287 authorized technical assistance to nonprofit entities in qualifying for appropriate histor- ical designation and for any aid for protection, reha- bilitation, or preservation of properties in the vicinity of the park which are historically related to the pur- poses of the park. § 410aa–3. Authorization of appropriations (a) There are hereby authorized to be appro- priated such sums as may be necessary to carry out the purposes of this subchapter, but not more than $13,895,000 for the acquisition of lands and interests in lands. (b) For the development of essential public fa- cilities there are authorized to be appropriated not more than $500,000. Within three years from the date of establishment of the park pursuant to this subchapter, the Secretary shall, after consulting with the Governor of the Common- wealth of Pennsylvania, develop and transmit to the Committee on Energy and Natural Re- sources of the Senate and the Committee on Natural Resources of the House of Representa- tives a final master plan for the development of the park consistent with the objectives of this subchapter, indicating: (1) the facilities needed to accommodate the health, safety, and interpretive needs of the visiting public; (2) the location and estimated cost of all fa- cilities; and (3) the projected need for any additional fa- cilities within the park. (Pub. L. 94–337, § 4, July 4, 1976, 90 Stat. 797; Pub. L. 96–287, title III, § 301(3), June 28, 1980, 94 Stat. 601; Pub. L. 103–437, § 6(a)(3), Nov. 2, 1994, 108 Stat. 4583.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–437 in introductory pro- visions substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Com- mittees on Interior and Insular Affairs of the United States Congress’’. 1980—Subsec. (a). Pub. L. 96–287 substituted ‘‘$13,895,000’’ for ‘‘$8,622,000’’. Statutory Notes and Related Subsidiaries AUTHORIZATIONS EFFECTIVE OCTOBER 1, 1980 Authorizations of moneys appropriated under Pub. L. 96–287 effective Oct. 1, 1980, see section 401 of Pub. L. 96–287, set out as a note under section 410gg–5 of this title. SUBCHAPTER LIX—KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK § 410bb. Establishment (a) Composition and boundaries; relocation of Seattle unit In order to preserve in public ownership for the benefit and inspiration of the people of the United States, historic structures and trails as- sociated with the Klondike Gold Rush of 1898, the Secretary of the Interior (hereinafter re- ferred to as the ‘‘Secretary’’) is authorized to es- tablish the Klondike Gold Rush National Histor- ical Park (hereinafter referred to as the ‘‘park’’), consisting of a Seattle unit, a Skagway unit, a Chilkoot Trail unit, and a White Pass Trail unit. The boundaries of the Skagway unit, the Chilkoot Trail unit, and the White Pass Trail unit shall be as generally depicted on a drawing consisting of two sheets entitled ‘‘Boundary Map, Klondike Gold Rush National Historical Park’’, numbered 20,013–B and dated May, 1973, which shall be on file and available for public inspection in the offices of the Na- tional Park Service, Department of the Interior. Within the Pioneer Square Historic District in Seattle as depicted on a drawing entitled ‘‘Pio- neer Square Historic District’’, numbered 20,010–B and dated May 19, 1973, which shall also be on file and available as aforesaid, the Sec- retary may select a suitable site for the Seattle unit and publish a description of the site in the Federal Register. The Secretary may relocate the site of the Seattle unit by publication of a new description in the Federal Register, and any property acquired for purposes of the unit prior to such relocation shall be subject to disposal in accordance with the Federal surplus property laws: Provided, That the Seattle unit shall be within the Pioneer Square Historic District. After advising the Committee on Energy and Natural Resources of the Senate and the Com- mittee on Natural Resources of the House of Representatives, in writing, the Secretary may revise the boundaries of the park from time to time, by publication of a revised map or other boundary description in the Federal Register, but the total area of the park may not exceed thirteen thousand three hundred acres. (b) Acquisition of land; administrative site (1) The Secretary may acquire lands, waters, and interests therein within the park by dona- tion, purchase, lease, exchange, or transfer from another Federal agency. Lands or interests in lands owned by the State of Alaska or any polit- ical subdivision thereof may be acquired only by donation or exchange, and notwithstanding the provisions of subsection 6(i) of the Act of July 7, 1958 (72 Stat. 339, 342), commonly known as the Alaska Statehood Act, the State may include the minerals in any such transaction. Lands under the jurisdiction of any Federal agency may, with the concurrence of such agency, be transferred without consideration to the Sec- retary for the purposes of the park. (2) The Secretary is authorized to acquire out- side the boundaries of the park, by any of the above methods, not to exceed fifteen acres of land or interests therein located in, or in the vi- cinity of, the city of Skagway, Alaska, for an Page 284 TITLE 16—CONSERVATION § 410bb–1 1 See References in Text note below. administrative site; and to acquire by any of the above methods, up to ten historic structures or interests in such structures located in the city of Skagway but outside the Skagway unit for re- location within such unit as the Secretary deems essential for adequate preservation and interpretation of the park. (c) Easements; rights-of-way; permits All lands acquired pursuant to this subchapter shall be taken by the Secretary subject to all valid existing rights granted by the United States for railroad, telephone, telegraph, and pipeline purposes. The Secretary is authorized to grant rights-of-way, easements, permits, and other benefits in, through and upon all lands ac- quired for the White Pass Trail unit for pipeline purposes, pursuant to the Acts of February 25, 1920 (41 Stat. 449), August 21, 1935 (49 Stat. 678), and August 12, 1953 (67 Stat. 557), and for rail- road purposes pursuant to the Act of May 14, 1898 (30 Stat. 409): Provided, That significant ad- verse impacts to park resources will not result. (d) Right-of-way for Alaskan highway across Chilkoot Trail The Secretary is authorized to grant to the State of Alaska a highway right-of-way across lands in the Chilkoot Trail unit, in the area of Dyea, for the purpose of linking the commu- nities of Haines and Skagway by road if he finds that (1) there is no feasible and prudent alter- native to the use of such lands, (2) the road pro- posal includes all possible planning to minimize harm to the park resulting from such road use, and (3) to grant such right-of-way will not have significant adverse effects on the historical and archeological resources of the park and its ad- ministration, protection, and management in accordance with the purposes of this subchapter. (Pub. L. 94–323, § 1, June 30, 1976, 90 Stat. 717; Pub. L. 96–487, title XIII, § 1309, Dec. 2, 1980, 94 Stat. 2481; Pub. L. 103–437, § 6(h)(1), Nov. 2, 1994, 108 Stat. 4585.) Editorial Notes REFERENCES IN TEXT Subsection 6(i) of the act of July 7, 1958, commonly known as the Alaska Statehood Act, referred to in sub- sec. (b)(1), probably means subsection (i) of section 6 of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. That portion of the act of February 25, 1920, which is set out at 41 Stat. 449, as referred to in subsec. (c), is classified to sections 185 to 187 of Title 30, Mineral Lands and Mining. For complete classification of the Act to the Code, see Tables. That portion of the act of August 21, 1935, which is set out at 49 Stat. 678, as referred to in subsec. (c), is classi- fied to section 185 of Title 30. For complete classifica- tion of the Act to the Code, see Tables. That portion of the act of August 12, 1953, which is set out at 67 Stat. 557, as referred to in subsec. (c), is classi- fied to section 185 of Title 30. The act of May 14, 1898, referred to in subsec. (c), is act May 14, 1898, ch. 299, 30 Stat. 409, popularly known as the Alaska Right of Way Act, which is classified principally to sections 942–1 to 942–9 of Title 43, Public Lands. For complete classification of this Act to the Code, see Tables. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Com- mittee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs of the Congress of the United States’’. 1980—Subsec. (b)(1). Pub. L. 96–487 inserted ‘‘or ex- change and notwithstanding the provisions of sub- section 6(i) of the Act of July 7, 1958, (72 Stat. 339, 342), commonly known as the Alaska Statehood Act, the State may include the minerals in any such trans- action’’ after ‘‘only by donation’’. § 410bb–1. Administration (a) Establishment; notice in Federal Register The Secretary shall establish the park by pub- lication of a notice to that effect in the Federal Register at such time as he deems sufficient lands, waters, and interests therein have been acquired for administration in accordance with the purposes of this subchapter. Pending such establishment and thereafter, the Secretary shall administer lands, waters, and interests therein acquired for the park in accordance with the provisions of the Act approved August 25, 1916 (39 Stat. 535),1 as amended and supple- mented, and the Act approved August 21, 1935 (49 Stat. 666),1 as amended. (b) Cooperation with Federal agencies, State and local public bodies, and private interests for development and use of lands The Secretary is authorized to cooperate and enter into agreements with other Federal agen- cies, State and local public bodies, and private interests, relating to planning, development, use, acquisition, or disposal (including as pro- vided in sections 100903 and 102901 of title 54) of lands, structures, and waters in or adjacent to the park or otherwise affecting the administra- tion, use, and enjoyment thereof, in order to contribute to the development and management of such lands in a manner compatible with the purposes of the park. Such agreements, acquisi- tions, dispositions, development, or use and land-use plans shall provide for the preservation of historical sites and scenic areas, recreation, and visitor enjoyment to the fullest extent prac- ticable. (c) Restoration of property without regard of United States title thereto Notwithstanding any other provision of law, the Secretary may restore and rehabilitate property within the park pursuant to coopera- tive agreements without regard as to whether title thereto is in the United States. (Pub. L. 94–323, § 2, June 30, 1976, 90 Stat. 718.) Editorial Notes REFERENCES IN TEXT The Act approved August 25, 1916 (39 Stat. 535), re- ferred 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