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16 U.S.C. § 410nn–2Acquisition of property

submitted 38 years ago by Pub. L. 100-348 to r/title-16-CONSERVATION · 399 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can acquire land for the park by donation, purchase, or exchange, and can accept the historic ship Jeremiah O'Brien from the Commerce Department. California-owned land needs a donation, and buying any new large historic vessel requires 90 days' notice to Congress plus proof the existing fleet is already funded.

(a) General authority — The Secretary may acquire land and interests in land within the park's boundaries by donation, by purchase with donated or government money, or by exchange. (b) Transfers from other agencies — The Secretary of Commerce may transfer the Liberty Ship SS Jeremiah O'Brien to the Secretary of the Interior, to become part of the park's historic fleet. Beyond that ship, any other federal property inside the park's boundaries that another federal department or agency controls can also be transferred to the Secretary's jurisdiction for the park — at no cost — as long as the head of that other department or agency agrees. (c) State and local lands — Land and interests in land within the park's boundaries that belong to the State of California or one of its local governments can only be acquired through donation. But there's a special option: no matter what any other law says, the Secretary can make an agreement with California or a local government to improve — and spend appropriated money improving — the park's ship-berthing facilities. This works if the State or local government provides the Secretary, on acceptable terms, land or interests in land for berthing the ships and giving visitors access to them. (d) Property to carry out subchapter (1) Historic vessels and other property — To help run the park, the Secretary may acquire — by donation, purchase with donated or government money, or exchange — whatever property fits this subchapter's purposes, including vessels, heavy marine equipment, and drydock facilities. Before acquiring any large historic vessel, the Secretary must give the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources at least 90 days' written notice. That notice must estimate what it will cost to preserve, restore (if needed), and maintain the vessel. (2) Acquisition limitation — The Secretary cannot acquire any historic vessel under this subsection until first telling those same congressional committees, in writing, that enough money is already available to preserve and maintain the vessels already listed in section 410nn-1(e)(1) of this title.
the actual law source: uscode.house.gov ↗public domain
(a) General authority

The Secretary may acquire land and interests in land within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange.

(b) Transfers from other agencies

The Secretary of Commerce may transfer the Liberty Ship SS Jeremiah O’Brien to the Secretary for inclusion in the historic fleet of the park. Any other Federal property located within the boundaries of the park which is under the administrative jurisdiction of another department or agency of the United States may, with the concurrence of the head of the administering department or agency, be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the park.

(c) State and local lands

Lands, and interests in lands, within the boundaries of the park which are owned by the State of California or any political subdivision thereof, may be acquired only by donation. Notwithstanding any other provision of law, the Secretary is authorized to enter into an agreement with the State of California or any political subdivision thereof under which the Secretary may improve and may use appropriated funds for the improvement of berthing facilities if the State or any political subdivision thereof makes available to the Secretary, in accordance with terms and conditions acceptable to the Secretary, lands and interests in land for the purpose of berthing the ships and providing visitor access to the historic ships.

(d) Property to carry out subchapter
(1)Historic vessels and other property.—

In furtherance of the administration of the park, the Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange such property as may be appropriate to carry out the purposes of this subchapter, including vessels, heavy marine equipment, and drydock facilities. The Secretary shall notify the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate in writing not less than 90 days before acquisition of any large historic vessel. Such notification shall indicate the estimated cost of preservation, restoration if appropriate, and maintenance of the vessel concerned.

(2)Acquisition Limitation.—

The Secretary shall not acquire any historic vessel pursuant to this subsection until the Secretary has notified the Committees in writing that sufficient funds have been made available to preserve and maintain those vessels listed in section 410nn–1(e)(1) of this title.

Source credit: (Pub. L. 100–348, § 4, June 27, 1988, 102 Stat. 656; Pub. L. 103–437, § 6(d)(11), Nov. 2, 1994, 108 Stat. 4584.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-348 · 102 Stat. 656
  • 1994Amended · Pub. L. 103-437 · 108 Stat. 4584

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-348 on 1988-06-27.

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