PUBLIC LAW 108–480—DEC. 23, 2004 118 STAT. 3907

Public Law 108–480

108th Congress

An Act

To authorize funds for an educational center for the Castillo de San Marcos National

Monument, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—CASTILLO DE SAN MARCOS NATIONAL MONUMENT PRESERVATION

ACT

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Castillo de San Marcos National

Monument Preservation and Education Act’’.

SEC. 102. VISITOR CENTER.

(a) AUTHORIZATION.—Subject to the availability of appropriations and the project being prioritized in the National Park Services

5-year, line-item construction program, the Secretary of the Interior

(referred to in this section as the ‘‘Secretary’’) may design and

construct a Visitor Center for the Castillo de San Marcos National

Monument (referred to in this section as the ‘‘Monument’’).

(b) PREFERRED ALTERNATIVE.—The Visitor Center authorized

in subsection (a) shall be located and constructed in accordance

with the Preferred Alternative identified in the Record of Decision

for the General Management Plan for the Monument, expected

to be signed in 2005.

SEC. 103. COOPERATIVE AGREEMENT.

The Secretary may enter into cooperative agreements with

the City of St. Augustine, Florida, the Colonial St. Augustine

Preservation Foundation, other Federal, State, and local departments or agencies, academic institutions, and non-profit entities

for the planning and design, construction, management, and operation of the Visitor Center.

SEC. 104. BOUNDARY EXPANSION.

(a) PROPERTY ACQUISITION.—If the Preferred Alternative for

the Visitor Center authorized by section 102 is located outside

the boundary of the Monument, the Secretary is authorized to

acquire the site for the Visitor Center, from willing sellers, by

donation, purchase with donated or appropriated funds, or by

exchange.

Castillo de San

Marcos National

Monument

Preservation and

Education Act.

Florida.

16 USC 431 note.

Dec. 23, 2004

[H.R. 2457]

118 STAT. 3908 PUBLIC LAW 108–480—DEC. 23, 2004

(b) ADMINISTRATION OF NEWLY ACQUIRED LAND.—Land added

to the Monument pursuant to subsection (a) shall be administered

by the Secretary in accordance with applicable laws and regulations.

(c) BOUNDARY MODIFICATION.—The boundary of the Monument

shall be modified to reflect the acquisition of land authorized in

subsection (a) after completion of the acquisition.

SEC. 105. PROJECT APPROVAL.

Prior to initiating any planning, design, or construction on

the Visitor Center authorized by section 102, the project must

be reviewed and approved by the National Park Service consistent

with partnership construction guidelines established by that agency.

TITLE II—CASTILLO DE SAN MARCOS

NATIONAL MONUMENT BOUNDARY

MODIFICATION

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Castillo de San Marcos National

Monument Boundary Adjustment Act of 2004’’.

SEC. 202. FINDINGS.

Congress finds the following:

(1) The early defense lines for Fort Marion, Florida, today

known as the Castillo de San Marcos National Monument,

included defenses extending in a line due west to the Sebastian

River, a distance of about one half mile.

(2) In the 1830’s, during the Seminole Wars in Florida,

these defensive lines were maintained, but as Florida became

more settled they fell into disrepair and/or became obsolete.

(3) In 1908 the War Department deeded much of the property running west to the Sebastian River to the St. Johns

County Board of Public Instruction. The portion of this property

remaining in federal ownership today is occupied by Orange

Street, a City of St. Augustine, Florida street.

(4) For nearly a century, the City of St. Augustine has

maintained and managed Orange Street, a modern city street,

and associated utilities in the Orange Street corridor.

(5) Any archeological remains that are still present on

the property overlaid by Orange Street are adequately protected

by the City’s archeological ordinances, and by the City having

an archeologist on staff.

(6) Although the city currently operates Orange Street

under a right-of-way from the National Park Service, from

a management perspective it is appropriate for the City of

St. Augustine to own Orange Street.

SEC. 203. BOUNDARY ADJUSTMENT.

(a) CONVEYANCE OF LAND.—The Secretary of the Interior shall

convey, without consideration, to the City of St. Augustine, Florida,

all right, title, and interest of the United States in and to the

lands known as Orange Street, a portion of the Castillo de San

Marcos National Monument (Monument), consisting of approximately 3.1 acres, as shown on the map entitled Castillo de San

Marcos National Monument Boundary Adjustment and Correction,

numbered 343/80060, and dated April 2003. Upon completion of

Castillo de San

Marcos National

Monument

Boundary

Adjustment Act

of 2004.

PUBLIC LAW 108–480—DEC. 23, 2004 118 STAT. 3909

LEGISLATIVE HISTORY—H.R. 2457:

HOUSE REPORTS: No. 108–639 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Sept. 13, considered and passed House.

Dec. 8, considered and passed Senate.

Æ

the conveyance, the Secretary shall revise the boundary of the

Monument to exclude the land conveyed.

(b) BOUNDARY REVISION.—Effective on the date of the enactment of this Act, the boundary of the Monument is revised to

include an area of approximately 0.45 acres, as shown on the

map identified in subsection (a). The Secretary shall administer

the lands included in the boundary as part of the national monument in accordance with applicable laws and regulations.

Approved December 23, 2004.

Effective date.