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16 U.S.C. § 407mEstablishment; acquisition of land; property involved

submitted 78 years ago by ch. 687 to r/title-16-CONSERVATION · 483 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can acquire historic properties in Philadelphia, by donation or purchase, to create Independence National Historical Park. The park can't officially start until the Secretary secures title to five specific landmark properties, plus two-thirds of the rest of the described land. The law lists four specific areas the park can include.

This section authorizes creating Independence National Historical Park and describes what land it covers. The goal is to preserve historic structures in Philadelphia tied to the American Revolution and the nation's founding, for the American people's benefit. After the Secretary of the Interior reaches agreements with the city of Philadelphia and the Carpenters' Company, as section 407n requires, the Secretary may acquire property — real or personal — by donation, donated funds, or purchase, within the areas described below. The park can only be fully established once the Secretary decides enough of this land is owned by the United States. There's a specific condition: the park cannot be established until the United States owns the First United States Bank property, the Merchants' Exchange property, the Bishop White house, the Dilworth-Todd-Moylan house, and the site of the Benjamin Franklin house — plus two-thirds of the remaining described land. The areas the park can include are: (a) A three-block area bounded by Walnut, Fifth, Chestnut, and Second Streets, called "project A," but not including the U.S. customhouse at Second and Chestnut. (b) A memorial thoroughfare or mall running from Walnut Street to Manning Street, part of "project B," plus specific properties on South Fifth Street. (c) The site of Benjamin Franklin's former home, called "project C" — a roughly hundred-foot-wide strip south of Market Street, between Third and Fourth Streets. (d) Land and buildings next to Christ Church, called "project E," plus adjoining land on North Second Street and Market Street. Before acquiring this land, the Secretary must first make an agreement with Christ Church's owners, guaranteeing the property will be physically maintained as a national shrine and can still be used for regular church purposes, without any limits on that use.
the actual law source: uscode.house.gov ↗public domain

For the purpose of preserving for the benefit of the American people as a national historical park certain historical structures and properties of outstanding national significance located in Philadelphia, Pennsylvania, and associated with the American Revolution and the founding and growth of the United States, the Secretary of the Interior, following the consummation of agreements with the city of Philadelphia and the Carpenters’ Company of Philadelphia as prescribed in section 407n of this title, is authorized to acquire by donation or with donated funds, or to acquire by purchase, any property, real or personal, within the following-described areas, such park to be fully established as the “Independence National Historical Park” when, in the opinion of the Secretary, title to sufficient of the lands and interests in lands within such areas, shall be vested in the United States: Provided, That the park shall not be established until title to the First United States Bank property, the Merchants’ Exchange property, the Bishop White house, the Dilworth-Todd-Moylan house, and the site of the Benjamin Franklin house, together with two-thirds of the remaining lands and interests in lands within the following-described areas, shall have been vested in the United States:

(a)

An area of three city blocks bounded generally by Walnut Street, Fifth Street, Chestnut Street, and Second Street, but excluding the new United States customhouse at the southeast corner of Second and Chestnut Streets, identified as “project A”, as described in the report of the Philadelphia National Shrines Park Commission, dated December 29, 1947.

(b)

A memorial thoroughfare, or mall, extending generally from the south side of Walnut Street to the north side of Manning Street, identified as part of “project B” in the report of the Commission. The properties identified generally as 269, 271, 273, and 275 South Fifth Street in “project B” in the report of the Commission.

(c)

The site of the residence of Benjamin Franklin, and related grounds, comprising approximately a one-hundred-foot-wide strip, extending southward from Market Street approximately three hundred feet between Third and Fourth Streets, and encompassing a portion of Orianna Street, identified as “project C” in the report of the Commission.

(d)

Certain land and buildings immediately adjacent to Christ Church, situated on the west side of Second Street, and north of Market Street, identified as “project E” in the report of the Commission, and certain land and buildings adjoining “Project E”, being known and numbered as 8, 10, and 12 North Second Street and 201, 203, 205, 207, 209, 211–213, 215, 217, 219, and 221 Market Street: Provided, That the Secretary of the Interior first enter into an agreement with the proprietor or proprietors of said property (Christ Church), said agreement to contain the usual and customary provisions for the protection of the property, assuring its physical maintenance as a national shrine, without any limitation or control over its use for customary church purposes.

Source credit: (June 28, 1948, ch. 687, § 1, 62 Stat. 1061; July 10, 1952, ch. 653, § 1, 66 Stat. 575; Pub. L. 85–764, § 3(a), Aug. 27, 1958, 72 Stat. 862.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 28, 1948, ch. 687 · 62 Stat. 1061
  • 1952Amended · Act of July 10, 1952, ch. 653 · 66 Stat. 575
  • 1958Amended · Pub. L. 85-764 · 72 Stat. 862

A history note hasn’t been published yet. The record shows enactment by ch. 687 on 1948-06-28.

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