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16 U.S.C. § 410jj–4Administration

submitted 46 years ago by Pub. L. 96-565 to r/title-16-CONSERVATION · 442 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary manages Kalaupapa park under the 1916 and 1935 park laws. In emergencies, the Secretary can stabilize private property with the owner's okay. Otherwise, federal money can only go to non-federal property under a cooperative agreement lasting at least 20 years.

(a) Laws governing The Secretary must run the park following three sources of law: the Act of August 25, 1916 (39 Stat. 535, the law creating the National Park Service), the Act of August 21, 1935 (49 Stat. 666), and the provisions of this Act. (b) Emergency, temporary, and interim activities; cooperative agreements; expenditures; rehabilitation projects (1) If a property owner approves, the Secretary may do urgent or emergency work to stabilize utilities and historic buildings on that owner's non-federal property within the park. The Secretary may also set up and use temporary office space there, and may run short-term interpretive programs and visitor services on that property. (2) The Secretary must try to make — and is allowed to make — cooperative agreements with owners of property inside the park. Under these agreements, the Secretary can preserve, protect, maintain, build, rebuild, develop, improve, and interpret sites, facilities, and resources that matter historically, naturally, architecturally, or culturally. Every agreement must last at least twenty years, though the parties can extend or change it by mutual consent. Each agreement must give the Secretary the right to enter the public parts of the property at reasonable times, for interpretation and other purposes. No changes can be made to the property except by mutual agreement between the Secretary and the owner. Each agreement must also say what happens if the owner ends it early: the owner then owes the United States the fair market value of any capital improvements built or placed on the property (valued as of the termination date) — or, if the Secretary chooses instead, the Secretary can remove those improvements within a reasonable time after termination. When an agreement expires normally, any improvements become the owner's property — unless the United States decides instead to remove them and restore the property to its natural state within a reasonable time. (3) Outside of the emergency and temporary work described in paragraph (1), the Secretary cannot spend money appropriated under this Act on non-federal property unless a cooperative agreement with the owner covers it. (4) The Secretary may stabilize and fix up structures or properties used for religious purposes, but only under two conditions: the property must be a real, essential part of the Kalaupapa settlement's historical character, and the work must be no more than what's needed to properly explain the settlement's nationally significant history to the public.
the actual law source: uscode.house.gov ↗public domain
(a) Laws governing

The Secretary shall administer the park in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535),1 the Act of August 21, 1935 (49 Stat. 666),1 and the provisions of this Act.

(b) Emergency, temporary, and interim activities; cooperative agreements; expenditures; rehabilitation projects
(1)

With the approval of the owner thereof, the Secretary may undertake critical or emergency stabilization of utilities and historic structures, develop and occupy temporary office space, and conduct interim interpretive and visitor services on non-Federal property within the park.

(2)

The Secretary shall seek and may enter into cooperative agreements with the owner or owners of property within the park pursuant to which the Secretary may preserve, protect, maintain, construct, reconstruct, develop, improve, and interpret sites, facilities, and resources of historic, natural, architectural, and cultural significance. Such agreements shall be of not less than twenty years duration, may be extended and amended by mutual agreement, and shall include, without limitation, provisions that the Secretary shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes, and that no changes or alterations shall be made in the property except by mutual agreement. Each such agreement shall also provide that the owner shall be liable to the United States in an amount equal to the fair market value of any capital improvements made to or placed upon the property in the event the agreement is terminated prior to its natural expiration, or any extension thereof, by the owner, such value to be determined as of the date of such termination, or, at the election of the Secretary, that the Secretary be permitted to remove such capital improvements within a reasonable time of such termination. Upon the expiration of such agreement, the improvements thereon shall become the property of the owner, unless the United States desires to remove such capital improvements and restore the property to its natural state within a reasonable time for such expiration.

(3)

Except for emergency, temporary, and interim activities as authorized in paragraph (1) of this subsection, no funds appropriated pursuant to this Act shall be expended on non-Federal property unless such expenditure is pursuant to a cooperative agreement with the owner.

(4)

The Secretary may stabilize and rehabilitate structures and other properties used for religious or sectarian purposes only if such properties constitute a substantial and integral part of the historical fabric of the Kalaupapa settlement, and only to the extent necessary and appropriate to interpret adequately the nationally significant historical features and events of the settlement for the benefit of the public.

Source credit: (Pub. L. 96–565, title I, § 105, Dec. 22, 1980, 94 Stat. 3322.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-565 · 94 Stat. 3322

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-565 on 1980-12-22.

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