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16 U.S.C. § 410bbEstablishment

submitted 50 years ago by Pub. L. 94-323 to r/title-16-CONSERVATION · 789 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary is authorized to create Klondike Gold Rush National Historical Park, made up of a Seattle unit, a Skagway unit, a Chilkoot Trail unit, and a White Pass Trail unit, with a total size cap of 13,300 acres. The Secretary can acquire land, grant certain rights-of-way, and let Alaska build a highway across the Chilkoot Trail unit under specific conditions.

(a) Composition and boundaries; relocation of Seattle unit. To preserve historic structures and trails tied to the 1898 Klondike Gold Rush, the Secretary may establish Klondike Gold Rush National Historical Park ("the park"), made up of a Seattle unit, a Skagway unit, a Chilkoot Trail unit, and a White Pass Trail unit. The boundaries of the last three units follow a 1973 boundary map on file at the National Park Service. Inside Seattle's Pioneer Square Historic District, the Secretary picks a site for the Seattle unit and publishes its description in the Federal Register; the Secretary may later relocate that site by publishing a new description, as long as the unit stays within Pioneer Square. Property bought for the old site before a relocation gets disposed of under federal surplus property law. After telling the relevant Senate and House committees in writing, the Secretary may revise the park's boundaries over time by publishing a new map or description — but the park's total area can never exceed 13,300 acres. (b) Acquisition of land; administrative site. (1) The Secretary may acquire land, water, and interests in them by donation, purchase, lease, exchange, or transfer from another federal agency. Land owned by Alaska or its local governments can only be acquired by donation or exchange, and Alaska may include mineral rights in such a deal despite a limit in the Alaska Statehood Act. Land under another federal agency's control can be transferred to the Secretary for free, if that agency agrees. (2) Outside the park, the Secretary may acquire up to 15 acres near Skagway for an administrative site, and up to ten historic structures in Skagway (outside the Skagway unit) to move into the unit if needed for preservation and interpretation. (c) Easements; rights-of-way; permits. All land acquired under this subchapter stays subject to existing federal rights already granted for railroad, telephone, telegraph, and pipeline use. The Secretary may grant rights-of-way, easements, and permits across land acquired for the White Pass Trail unit for pipelines (under three older laws) and for railroads (under a 1898 law) — as long as doing so won't significantly harm the park's resources. (d) Right-of-way for Alaskan highway across Chilkoot Trail. The Secretary may grant Alaska a highway right-of-way across the Chilkoot Trail unit, near Dyea, to link Haines and Skagway by road — but only if the Secretary finds: (1) there's no feasible, sensible alternative route; (2) the road plan minimizes harm to the park; and (3) the right-of-way won't significantly harm the park's historical and archeological resources or its management.
the actual law source: uscode.house.gov ↗public domain
(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 associated with the Klondike Gold Rush of 1898, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to establish the Klondike Gold Rush National Historical 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 National Park Service, Department of the Interior. Within the Pioneer Square Historic District in Seattle as depicted on a drawing entitled “Pioneer Square Historic District”, numbered 20,010–B and dated May 19, 1973, which shall also be on file and available as aforesaid, the Secretary 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 Committee 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 donation, purchase, lease, exchange, or transfer from another Federal agency. Lands or interests in lands owned by the State of Alaska or any political 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 Secretary for the purposes of the park.

(2)

The Secretary is authorized to acquire outside 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 vicinity of, the city of Skagway, Alaska, for an 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 relocation 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 acquired 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 railroad purposes pursuant to the Act of May 14, 1898 (30 Stat. 409): Provided, That significant adverse 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 communities of Haines and Skagway by road if he finds that (1) there is no feasible and prudent alternative to the use of such lands, (2) the road proposal 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 administration, protection, and management in accordance with the purposes of this subchapter.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-323 · 90 Stat. 717
  • 1980Amended · Pub. L. 96-487 · 94 Stat. 2481
  • 1994Amended · Pub. L. 103-437 · 108 Stat. 4585

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-323 on 1976-06-30.

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