### §119. Establishment; notice in Federal Register; administration; exchange and acquisition of lands; remaining funds

In order to permit the establishment of the Petrified Forest National Monument, Arizona, and other lands as provided for herein, as the Petrified Forest National Park, such national park shall be established (a) after title to all of the lands described in section 119a of this title shall have been vested in the United States, with the exception of such easements and rights-of-way for railroad, public utilities, and highway purposes as may be acceptable to the Secretary of the Interior, and (b) when notification of the effective date of such establishment of the park, as determined by the said Secretary, is published in the Federal Register. Disestablishment of the Petrified Forest National Monument shall be effected concurrently with the establishment of the park.

The Petrified Forest National Park shall be preserved and administered in its natural condition by the Secretary of the Interior for the public benefit in accordance with the general laws governing areas of the National Park System and in accordance with the basic policies relating thereto as prescribed by the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C., 1952 edition, secs. 1–3).1

The exchange authority prescribed for the Petrified Forest National Monument in sections 444 and 444a of this title, is hereby extended to all the lands within the Petrified Forest National Park as herein authorized.

For the purposes of this section and section 119a of this title, the Secretary is authorized to acquire, in such manner as he shall consider to be in the public interest, any non-Federal land or interests in land within the area hereby authorized to be established as the Petrified Forest National Park. In acquiring any State-owned land or interests therein within the aforesaid area, such property may be procured by the United States without regard to any limitations heretofore prescribed by the Congress relating to the disposal of State-owned properties.

Upon establishment of the Petrified Forest National Park, as authorized by this section and section 119a of this title, any remaining balance of funds that may be available for purposes of the Petrified Forest National Monument shall thereafter be available for expenditure for purposes of the Petrified Forest National Park.

(Pub. L. 85–358, §1, Mar. 28, 1958, 72 Stat. 69.)

#### **Editorial Notes**

#### References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C., 1952 edition, secs. 1–3), 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 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 preceding section 100101 of Title 54.

#### **Statutory Notes and Related Subsidiaries**

#### Petrified Forest National Park Expansion

Pub. L. 108–430, Dec. 3, 2004, 118 Stat. 2606, as amended by Pub. L. 111–11, title VII, §7116(d), Mar. 30, 2009, 123 Stat. 1203, provided that:

#### "SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Petrified Forest National Park Expansion Act of 2004'.

#### "SEC. 2. DEFINITIONS.

"In this Act:

"(1) Map.—The term 'map' means the map entitled 'Proposed Boundary Adjustments, Petrified Forest National Park', numbered 110/80,045, and dated January 2005.

"(2) Park.—The term 'Park' means the Petrified Forest National Park in the State.

"(3) Secretary.—The term 'Secretary' means the Secretary of the Interior.

"(4) State.—The term 'State' means the State of Arizona.

#### "SEC. 3. BOUNDARY REVISION.

"(a) In General.—The Secretary is authorized to revise the boundary of the Park to include approximately 125,000 acres as depicted on the map.

"(b) Availability of Map.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

#### "SEC. 4. ACQUISITION OF ADDITIONAL LAND.

"(a) Private Land.—The Secretary may acquire from a willing seller, by donation, purchase with donated or appropriated funds, or exchange, any private land or interests in private land within the revised boundary of the Park. In acquiring private land and interests in private land within the revised boundary of the Park, the Secretary shall undertake to acquire such private land and interests in private land first by donation or exchange.

"(b) State Land.—

"(1) In general.—The Secretary may, with the consent of the State and in accordance with Federal and State law, acquire from the State any State land or interests in State land within the revised boundary of the Park.

"(2) Plan.—Not later than 3 years after the date of the enactment of this Act [Dec. 3, 2004], the Secretary shall, in coordination with the State, develop a plan for acquisition for State land or interests in State land under paragraph (1).

"(3) Management agreement.—If the Secretary is unable to acquire the State land under paragraph (1) within the 3-year period required by paragraph (2), the Secretary may enter into an agreement that would allow the National Park Service to manage State land within the revised boundary of the Park.

#### "SEC. 5. ADMINISTRATION.

"(a) In General.—Subject to applicable laws, all land and interests in land acquired under this Act shall be administered by the Secretary as part of the Park.

"(b) Transfer of Jurisdiction.—The Secretary shall transfer to the National Park Service administrative jurisdiction over any land under the jurisdiction of the Secretary that—

"(1) is depicted on the map as being within the boundaries of the Park; and

"(2) is not under the administrative jurisdiction of the National Park Service on the date of enactment of this Act [Dec. 3, 2004].

"(c) Exchange After Enactment.—Upon completion of an exchange of land after the date of the enactment of this Act [Dec. 3, 2004], the Secretary shall transfer administrative jurisdiction over the exchanged lands within the boundary of the Park as depicted on the map to the National Park Service.

"(d) Grazing.—

"(1) In general.—The Secretary shall permit the continuation of grazing on land transferred to the Secretary under this Act, subject to applicable laws, regulations, and Executive orders.

"(2) Termination of leases or permits.—Nothing in this subsection prohibits the Secretary from accepting the voluntary termination of a grazing permit or grazing lease within the Park.

"(e) Amendment to General Management Plan.—Not later than 3 years after the date of the enactment of this Act [Dec. 3, 2004], the Secretary shall amend the general management plan for the Park to address the use and management of any additional land acquired under this Act.

#### "SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated such sums as are necessary to carry out this Act."

#### Transfer of Jurisdiction, Air Force Housing at Radar Bomb Scoring Site, Holbrook, Arizona

Pub. L. 103–337, div. B, title XXVIII, §2844, Oct. 5, 1994, 108 Stat. 3068, provided that:

"(a) Transfer Authorized.—As part of the closure of an Air Force Radar Bomb Scoring Site located near Holbrook, Arizona, the Secretary of the Air Force may transfer, without reimbursement, the administrative jurisdiction, accountability, and control of the housing units and associated support facilities used in connection with the site to the Secretary of the Interior for use in connection with Petrified Forest National Park.

"(b) Description of Property.—The exact acreage and legal description of the real property to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force and the Secretary of the Interior.

"(c) Additional Terms and Conditions.—The Secretary of the Air Force may require such additional terms and conditions in connection with the transfer of real property under subsection (a) as the Secretary considers appropriate."

1 See References in Text note below.