dreamproit/uscode huggingface dataset:
16 U.S.C. § 410ww–7 (CONSERVATION)
§ 410ww–7. Assistance
(a) Technical and preservation assistance
The Secretary may provide to any owner of property within the park, and to any organization having an agreement with the Secretary under section 410ww–1(b) of this title, such technical assistance as the Secretary considers appropriate to carry out the purposes of this subchapter.
(b) Grant assistance
The Secretary is authorized to make grants to the parks’ partners, including the Aviation Trail, Inc., the Ohio Historical Society, and Dayton History, for projects not requiring Federal involvement other than providing financial assistance, subject to the availability of appropriations in advance identifying the specific partner grantee and the specific project. Projects funded through these grants shall be limited to construction and development on non-Federal property within the boundaries of the park. Any project funded by such a grant shall support the purposes of the park, shall be consistent with the park’s general management plan, and shall enhance public use and enjoyment of the park.
(c) Interpretative materials
The Secretary is authorized to publish interpretative materials for historic aviation resources in the Miami Valley.
(Pub. L. 102–419, title I, § 108, Oct. 16, 1992, 106 Stat. 2143; Pub. L. 111–11, title VII, § 7117(c), Mar. 30, 2009, 123 Stat. 1204.)
heading: Editorial Notes
heading: Amendments
text: 2009—Subsecs. (b), (c). Pub. L. 111–11 added subsec. (b) and redesignated former subsec. (b) as (c).
16 U.S.C. § 410ww–8 (CONSERVATION)
§ 410ww–8. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this part.
(Pub. L. 102–419, title I, § 109, Oct. 16, 1992, 106 Stat. 2143; Pub. L. 106–356, § 2(b), Oct. 24, 2000, 114 Stat. 1391.)
heading: Editorial Notes
heading: Amendments
text: 2000—Pub. L. 106–356 struck out “: Provided, That the amount to be appropriated for the operation, development or restoration of non-federally owned properties within the boundaries of the park shall not exceed $200,000” after “this part”.
16 U.S.C. § 410ww–22 (CONSERVATION)
§ 410ww–22. Dayton historic resources preservation and development plan
(a) In general
Within 2 years after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a preservation and development plan which may include the Wright-Dunbar Historic District, the Dunbar Historic District, the Ed Sines House and the Daniel Fitch House, and the 45 sites identified in Appendix A of the document entitled “Study of Alternatives Dayton’s Aviation Heritage, Ohio” published by the National Park Service. Within 90 days after the receipt of such plan, the Secretary shall approve such plan or return it with comments to the Commission. If the Secretary has taken no action after 90 days upon receipt, the plan shall be considered approved. If the Secretary disapproves a plan, the Commission shall submit a revised plan to the Secretary. The plan shall include specific preservation and interpretation goals and a priority timetable for their achievement. The Secretary shall forward copies of the approved plan to the Congress.
(b) Contents of plan
The plan referred to in subsection (a) shall—
(1) set detailed goals for the preservation, protection, enhancement, and utilization of the resources of sites referred to in subsection (a);
(2) identify properties which should be preserved, restored, developed, maintained, or acquired;
(3) include a tentative budget for the subsequent five fiscal years;
(4) propose a management strategy for a permanent organizational structure to enhance and coordinate such resources, and aviation-related properties, and institutions;
(5) recommend methods for establishing partnerships with Federal, State, and local governments and the private sector to foster development and to preserve and enhance such resources;
(6) propose transportation links, including pedestrian facilities and bicycle trails among historic aviation sites including an interurban between the Wright-Dunbar Historic District and the historic resources at Wright-Patterson Air Force Base;
(7) address the use of private vehicles, traffic patterns, parking, and public transportation;
(8) propose educational and cultural programs to encourage appreciation of such resources;
(9) establish standards and criteria applicable to the construction, preservation, restoration, alteration, and use of the properties among such resources;
(10) establish an index which shall contain documentary evidence of historical and cultural significance and which includes property in the Miami Valley associated with the Wright brothers, the history of aviation, or Paul Laurence Dunbar.
(c) Consultation
In developing the plan, the Commission shall consult with appropriate officials of any local government or Federal or State agency which has jurisdiction over historic aviation resources in the Miami Valley area. The Commission shall also consult with property owners and business, historic, professional, neighborhood, and citizen organizations affected by the actions proposed in the plan.
(Pub. L. 102–419, title II, § 202, Oct. 16, 1992, 106 Stat. 2145.)
16 U.S.C. § 410ww–23 (CONSERVATION)
§ 410ww–23. General powers of Commission
(a) Hearings
The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may deem advisable.
(b) Donations
Notwithstanding any other provision of law, the Commission may seek and accept donations of funds, property, or service from individuals, foundations, corporations, and other private entities and public entities for the purpose of carrying out its duties.
(c) Use of funds to obtain money
The Commission may use its funds to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money.
(d) Mail
The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.
(e) Uses of acquired assets
Any revenues or other assets acquired by the Commission by donations, the lease or sale of property, or fees for services shall be available to the Commission, without fiscal year limitations, to be used for any function of the Commission.
(f) Historical and cultural programs
The Commission is authorized to carry out historical, educational, or cultural programs which encourage or enhance appreciation of the historic resources in the Miami Valley associated 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 referred to in section 410ww–22(a) of this title consistent with the purposes of this subchapter.
(h) Obtaining property
(1) The Commission may obtain by purchase, rental, donation, or otherwise, such property, facilities, 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 interests in real property, in such district and sites.
(3) Any real property or interest in real property acquired by the Commission under paragraph (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 acquisition;
(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.)
16 U.S.C. § 410ww–24 (CONSERVATION)
§ 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 specialists in areas such as interpretation, historic preservation, black history and literature, aviation history and technology, and urban revitalization.
(c) Temporary services
Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent 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 duties under this subchapter.
(e) Administrative support
The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administrative support 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 political 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 competitive 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 excess 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.)
heading: Editorial Notes
heading: References in Text
text: Grade GS–15 of the General Schedule, referred to in subsec. (g), is set out under section 5332 of Title 5, Government Organization and Employees.
16 U.S.C. § 410ww–25 (CONSERVATION)
§ 410ww–25. Authorization of appropriations
There are authorized to be appropriated annually 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.)
16 U.S.C. § 410xx (CONSERVATION)
§ 410xx. Establishment
(a) In general
In order to preserve and protect for the education, inspiration, and enjoyment of present and future generations nationally significant natural, historic, scenic, marine, and scientific values in South Florida, there is hereby established the Dry Tortugas National Park (hereinafter 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, Department of the Interior.
(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.)
heading: Editorial Notes
heading: References in Text
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 subchapter and amended provisions listed in a National Monuments Established Under Presidential Proclamation table set out under section 320301 of Title 54, National Park Service and Related Programs. For complete classification of title II to the Code, see Tables.
Section 201 of Public Law 96–287, referred to in subsec. (b), 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.
16 U.S.C. § 410xx–1 (CONSERVATION)
§ 410xx–1. Administration
(a) In general
The Secretary shall administer the park in accordance with this subchapter and with the provisions of law generally applicable to units of the national park system, including 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).1
(b) Management purposes
The park shall be managed for the following purposes, among others:
(1) To protect and interpret a pristine subtropical marine ecosystem, including an intact coral reef community.
(2) To protect populations of fish and wildlife, 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 environment of the Dry Tortugas group of islands.
(4) To protect, stabilize, restore, and interpret Fort Jefferson, an outstanding example of nineteenth century masonry fortification.
(5) To preserve and protect submerged cultural 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.)
heading: Editorial Notes
heading: References in Text
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 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.
16 U.S.C. § 410xx–2 (CONSERVATION)
§ 410xx–2. Land acquisition and transfer of property
(a) In general
Within the boundaries of the park the Secretary may acquire lands and interests in land by donation or exchange. For the purposes of acquiring property by exchange with the State of Florida, the Secretary may, notwithstanding any other provision of law, exchange those Federal 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 determined by the United States Coast Guard to be excess to its needs, such lands shall be transferred directly to the jurisdiction of the Secretary 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 acquire, by purchase, donation, or exchange, and to operate incidental administrative and support facilities in Key West, Florida, for park administration and to further the purposes of this subchapter.
(Pub. L. 102–525, title II, § 203, Oct. 26, 1992, 106 Stat. 3440.)
heading: Editorial Notes
heading: References in Text
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.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
16 U.S.C. § 410xx–3 (CONSERVATION)
§ 410xx–3. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter. Any funds available for the purposes of the monument shall be available for the purposes of the park, and authorizations of funds for the monument shall be available for the park.
(Pub. L. 102–525, title II, § 204, Oct. 26, 1992, 106 Stat. 3441.)
16 U.S.C. § 410yy (CONSERVATION)
§ 410yy. Findings and purposes
(a) Findings
The Congress finds that—
(1) The oldest and largest lava flow known on Earth is located on the Keweenaw Peninsula of Michigan. This volcanic activity produced the only place on Earth where large scale economically recoverable 97 percent pure native copper is found.
(2) The Keweenaw Peninsula is the only site in the country where prehistoric, aboriginal mining of copper occurred. Artifacts made from this copper by these ancient Indians were traded as far south as present day Alabama.
(3) Copper mining on the Keweenaw Peninsula pioneered deep shaft, hard rock mining, milling, and smelting techniques and advancements in related mining technologies later used throughout the world.
(4) Michigan Technological University, located in the copper district, was established in 1885 to supply the great demand for new technologies and trained engineers requested by the area’s mining operations. Michigan Technological University possesses a wealth of both written and photographic historic documentation of the mining era in its archives.
(5) Michigan’s copper country became a principal magnet to European immigrants during the mid-1800’s and the cultural heritage of these varied nationalities is still preserved in this remarkable ethnic conglomerate.
(6) The corporate-sponsored community planning in Calumet, Michigan, as evidenced in the architecture, municipal design, surnames, foods, and traditions, and the large scale corporate paternalism was unprecedented in American industry and continues to express the heritage of the district.
(7) The entire picture of copper mining on Michigan’s Keweenaw Peninsula is best represented by three components: the Village of Calumet, the former Calumet and Hecla Mining Company properties (including the Osceola #13 mine complex), and the former Quincy Mining Company properties. The Village of Calumet best represents the social, ethnic, and commercial themes. Extant Calumet and Hecla buildings best depict corporate paternalism and power, and the themes of extraction and processing are best represented by extant structures of the Quincy Mining Company.
(8) The Secretary of the Interior has designated two National Historic Landmark Districts in the proposed park area, the Calumet National Historic Landmark District and the Quincy Mining Company National Historic Landmark District.
(b) Purposes
The purposes of this subchapter are—
(1) to preserve the nationally significant historical and cultural sites, structures, and districts of a portion of the Keweenaw Peninsula in the State of Michigan for the education, benefit, and inspiration of present and future generations; and
(2) to interpret the historic synergism between the geological, aboriginal, sociological, cultural technological, and corporate forces that relate the story of copper on the Keweenaw Peninsula.
(Pub. L. 102–543, § 1, Oct. 27, 1992, 106 Stat. 3569.)
16 U.S.C. § 410yy–1 (CONSERVATION)
§ 410yy–1. Definitions
As used in this subchapter, the term—
(1) “Commission” means the Keweenaw Historic Preservation Advisory Commission established by section 410yy–8 of this title.
(2) “park” means the Keweenaw National Historical Park established by section 410yy–2(a)(1) of this title.
(3) “Secretary” means the Secretary of the Interior.
(Pub. L. 102–543, § 2, Oct. 27, 1992, 106 Stat. 3570.)
16 U.S.C. § 410yy–3 (CONSERVATION)
§ 410yy–3. Acquisition of property
(a) In general
Subject to subsections (b) and (c), the Secretary is authorized to acquire lands, or interests therein, within the boundaries of the park by donation, purchase with donated or appropriated funds, exchange, or transfer.
(b) State property
Property owned by the State of Michigan or any political subdivision of the State may be acquired only by donation.
(c) Consent
No lands or interests therein within the boundaries of the park may be acquired without the consent of the owner, unless the Secretary determines that the land is being developed, or is proposed to be developed in a manner which is detrimental to the natural, scenic, historic, and other values for which the park is established.
(Pub. L. 102–543, § 4, Oct. 27, 1992, 106 Stat. 3570; Pub. L. 111–11, title VII, § 7101(a), Mar. 30, 2009, 123 Stat. 1190.)
heading: Editorial Notes
heading: Amendments
text: 2009—Subsec. (d). Pub. L. 111–11 struck out subsec. (d). Text read as follows: “The Secretary shall not acquire any lands pursuant to this subchapter if the Secretary determines that such lands, or any portion thereof, have become contaminated with hazardous substances (as defined in the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601)).”
16 U.S.C. § 410yy–4 (CONSERVATION)
§ 410yy–4. Cooperation by Federal agencies
(a) 1 Any Federal entity conducting or supporting activities directly affecting the park shall—
(1) consult, cooperate, and, to the maximum extent practicable, coordinate its activities with the Secretary and the Commission;
(2) conduct or support such activities in a manner that—
(A) to the maximum extent practicable, is consistent with the standards and criteria established pursuant to the general management plan developed pursuant to section 410yy–5 of this title; and
(B) will not have an adverse effect on the resources of the park; and
(3) provide for full public participation in order to consider the views of all interested parties.
(Pub. L. 102–543, § 5, Oct. 27, 1992, 106 Stat. 3571.)
16 U.S.C. § 410yy–5 (CONSERVATION)
§ 410yy–5. General management plan
Not later than 3 fiscal years after October 27, 1992, the Secretary shall prepare, in consultation with the Commission, and submit to Congress a general management plan for the park containing the information described in section 100502 of title 54. Such plan shall interpret the technological and social history of the area, and the industrial complexes of the Calumet and Hecla, and Quincy Mining Companies, with equal emphasis.
(Pub. L. 102–543, § 6, Oct. 27, 1992, 106 Stat. 3571.)
heading: Editorial Notes
heading: Codification
text: In text, “section 100502 of title 54” substituted for “section 12(b) of the Act of August 18, 1970 (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.