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16 U.S.C. § 410kkkkBoundary Revision of Salem Maritime National Historic Site 1

submitted 38 years ago by Pub. L. 100-349 to r/title-16-CONSERVATION · 443 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Salem Maritime National Historic Site's boundary now follows a 1987 map. The Secretary can buy, trade, or accept donated land there, though state-owned land needs a donation. A separate visitor-center lease in Salem must run at least 25 years, cost no more than fair market rent, and stay under 12,000 square feet.

(a) Boundary revision The Salem Maritime National Historic Site was originally designated on March 17, 1938, under section 2 of the Act of August 21, 1935 (49 Stat. 666). It sits in Salem, Massachusetts. This section updates its boundary: the site now consists of the land and interests in land shown on the map called "Boundary Map, Salem Maritime National Historic Site, Salem, Massachusetts," numbered 373-80,011, and dated April 1987. That map is kept on file at National Park Service offices for the public to view. (b) Acquisition of lands (1) The Secretary of the Interior may get land or interests in land within the site's boundary by donation, by purchase with donated or government money, or by exchange. There's one restriction: land owned by the Commonwealth of Massachusetts or one of its local governments can only be acquired through donation. Whatever land the Secretary gets this way becomes part of the historic site, and follows all the same laws and rules that already apply to the site. (2)(A) Separately, and subject to the rules in (B) below, the Secretary may acquire property or an interest in property within the city of Salem, to use as a visitor center for the historic site. Before doing so, the Secretary must study the costs and benefits of the purchase. Money set aside to develop and run the visitor center can be spent even on property where the Secretary only holds a partial interest — something less than full ownership ("fee simple"). (B)(i) Any acquisition under this paragraph must meet four conditions. (I) If it's a lease, the lease term must run at least 25 years, with an option to renew for another 25 years. (II) The property owner must keep the property up to a standard the Secretary finds acceptable. (III) Under any lease, the rent the Secretary pays cannot exceed the property's fair market value, as decided by an independent party both the landlord and the Secretary accept. (IV) Under any lease, the rent must be reduced to reflect the fair-market value of any improvements the Secretary paid for or made. (ii) The Secretary cannot acquire an interest in more than 12,000 square feet of space under this paragraph. (iii) At least 120 days before any such acquisition takes effect, the Secretary must send the economic analysis and the proposed acquisition to the relevant congressional committees for their review.
the actual law source: uscode.house.gov ↗public domain
(a) Boundary revision

The Salem Maritime National Historic Site 1 (hereafter in this section referred to as the “national historic site”), designated on March 17, 1938, under section 2 of the Act of August 21, 1935 (49 Stat. 666), and located in Salem, Massachusetts, shall consist of lands and interests in lands as generally depicted on the map entitled “Boundary Map, Salem Maritime National Historic Site, Salem, Massachusetts”, numbered 373–80,011, and dated April 1987. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

(b) Acquisition of lands
(1)

The Secretary of the Interior may acquire lands or interests therein within the boundary of the national historic site 1 by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests in lands owned by the Commonwealth of Massachusetts or any political subdivision thereof may be acquired only by donation. Lands and interests therein acquired pursuant to this section shall become part of the national historic site 1 and shall be subject to all the laws and regulations applicable to the national historic site.1

(2)
(A)

Subject to subparagraph (B), the Secretary may acquire under this subsection property or an interest therein in the city of Salem for use as a visitor center or the national historic site.1 The Secretary shall conduct an economic analysis of the costs and benefits of acquiring such property or interest therein. Funds appropriated for the development and operation of the visitor center may be expended on property in which the Secretary has acquired less than a fee simple interest.

(B)
(i)

Any acquisition under this paragraph shall provide that—

(I)

under any lease, the leased period shall not be less than 25 years and shall contain an option to renew for an addtional 2 25 years;

(II)

the owner of the property shall maintain the property to a standard acceptable to the Secretary;

(III)

under any lease, rental amounts paid by the Secretary may not exceed the fair market value of the leased premises, as determined by an independent party acceptable to both the lessor and the Secretary; and

(IV)

under any lease, rental payments be reduced by the fair market value of improvements in the leased premises made by or at the expense of the Secretary.

(ii)

The Secretary may not acquire an interest in more than 12,000 square feet under this paragraph.

(iii)

The Secretary shall submit the economic analysis, together with any proposed acquisition, to the appropriate committees of Congress for their review at least 120 days before the effective date of such acquisition.

Source credit: (Pub. L. 100–349, § 1, June 27, 1988, 102 Stat. 659; Pub. L. 101–632, Nov. 28, 1990, 104 Stat. 4575.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-349 · 102 Stat. 659
  • 1990Amended · Pub. L. 101-632 · 104 Stat. 4575

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-349 on 1988-06-27.

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