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16 U.S.C. § 410uuuManhattan Project National Historical Park

submitted 12 years ago by Pub. L. 113-291 to r/title-16-CONSERVATION · 1,689 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Manhattan Project National Historical Park to protect and explain historic sites tied to building the atomic bomb. The park can include specific sites in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. The National Park Service and Department of Energy must agree on how to jointly run the sites, balancing public access with safety and security.

(a) Purposes: This section aims to (1) preserve and protect nationally significant historic resources tied to the Manhattan Project for people now and later; (2) help the public better understand the Manhattan Project and its legacy by interpreting these resources; (3) improve public access to the Historical Park while still protecting public safety, national security, and the Department of Energy's mission; and (4) help the Department of Energy, local communities, historical societies, and others preserve and protect Manhattan Project resources. (b) Definitions: "Historical Park" means the park created under subsection (c). "Manhattan Project" means the federal military program to build an atomic bomb, ending December 31, 1946. "Secretary" means the Secretary of the Interior. (c) Establishment of Manhattan Project National Historical Park: (1) Establishment: (A) Within 1 year of December 19, 2014, the Historical Park must be created as a National Park System unit. (B) The Historical Park is made up of facilities and areas the Secretary picks from the list in paragraph (2), working with the Secretary of Energy. The Secretary must include the B Reactor National Historic Landmark in Hanford, Washington. (2) Eligible areas: The Historical Park can only be made up of areas from this list, generally shown on a September 2012 map: (A) Oak Ridge, Tennessee: (i) Buildings 9204–3 and 9731 at the Y–12 National Security Complex; (ii) the X–10 Graphite Reactor at Oak Ridge National Laboratory; (iii) the K–25 Building site at the East Tennessee Technology Park; (iv) the former Guest House at 210 East Madison Road; and (v) other Oak Ridge sites not on the map that the Secretary decides fit — except sites run by the Department of Energy need the Secretary of Energy's agreement. (B) Los Alamos, New Mexico: (i) sites inside the Los Alamos Scientific Laboratory National Historic Landmark District, or any addition proposed in a specific 2012 nomination document; (ii) the former East Cafeteria at 1670 Nectar Street; and (iii) the former dormitory at 1725 17th Street. (C) Hanford, Washington: (i) the B Reactor National Historic Landmark; (ii) Hanford High School and the Hanford Construction Camp Historic District; (iii) the White Bluffs Bank building in the White Bluffs Historic District; (iv) the warehouse at the Bruggemann's Agricultural Complex; (v) the Hanford Irrigation District Pump House; and (vi) the T Plant. (d) Agreement: (1) Within 1 year of December 19, 2014, the Secretary and the Secretary of Energy must agree on how they will each manage Department of Energy land included in the Historical Park, covering public access, management, interpretation, and historic preservation. (2) The agreement must give the Secretary the power to decide the content of Manhattan Project historic interpretation, and must give the National Park Service an appropriate advisory role in preserving the covered resources. (3) The agreement must require the Secretary of Energy to: (A) make sure public safety, national security, and the Department's ongoing mission at Oak Ridge, Los Alamos, and Hanford stay protected; (B) be allowed to consult with and give historical information to the Secretary; (C) keep responsibility for any environmental cleanup or structural-safety work needed at the covered sites; and (D) keep the authority and legal duty for historic preservation and general upkeep, including safe access, at the Department's Manhattan Project sites. (4) The agreement can be amended later, including to add more Department of Energy facilities, land, or land rights from the eligible areas. (e) Public participation: (1) The Secretary must consult interested state, county, and local officials, groups, and members of the public before signing any agreement under subsection (d), and while writing the general management plan under subsection (f)(2). (2) Within 30 days of an agreement under subsection (d) being signed, the Secretary must publish notice of the Historical Park's creation in the Federal Register, including an official boundary map. (3) That map must be on file and open for public inspection at National Park Service offices, and must be updated whenever new eligible areas are added. (4) Any land, land right, or facility from the eligible areas that the Secretary acquires, or that gets added through an amended agreement, becomes part of the Historical Park. (f) Administration: (1) The Secretary must run the Historical Park under this section and the laws generally applicable to National Park System units, including the National Park System Organic Act and the Historic Sites Act of 1935. (2) Within 3 years of funds becoming available, the Secretary — with the Secretary of Energy's agreement on Department of Energy land, and working with the Oak Ridge, Los Alamos, and Richland Department of Energy offices — must finish a general management plan following section 100502 of title 54. (3) The Secretary may offer guided tours of significant Manhattan Project sites in Tennessee, New Mexico, and Washington that are outside the Historical Park's boundary. (4) Land acquisition: (A) The Secretary may acquire land in the eligible areas by: (i) having the Department of Energy transfer its administrative control, by agreement between the two Secretaries; (ii) donation; (iii) exchange; or (iv) for the Oak Ridge and Los Alamos areas only, purchase from a willing seller. (B) The Secretary cannot use condemnation to force anyone to sell land. (C) The Secretary may acquire land near the Historical Park for visitor and administrative facilities. (5) Donations; cooperative agreements: (A) The Secretary may agree with other federal agencies to give public access to, and manage, interpret, and preserve, historically significant Manhattan Project resources those agencies control, and may accept donations from and make agreements with state, local, or tribal governments, organizations, or individuals to support those agreements or to provide visitor and administrative facilities near the Historical Park. (B) The Secretary may give technical help to state, local, or tribal governments, organizations, or individuals for managing, interpreting, and preserving Manhattan Project resources not inside the Historical Park. (C) For this section's purposes, or to preserve and give access to significant Manhattan Project resources, the Secretary of Energy may accept and use gifts, including labor and services. (g) Adjacent management: (1) Nothing in this section creates a protective buffer zone around the Historical Park's boundary. (2) An activity outside the boundary that can be seen or heard from inside the park is not blocked just because of that. (h) No cause of action: Nothing in this section lets anyone sue over activities outside or next to the Historical Park's boundary.
the actual law source: uscode.house.gov ↗public domain
(a) Purposes

The purposes of this section are—

(1)

to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project;

(2)

to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project;

(3)

to enhance public access to the Historical Park consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and

(4)

to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project.

(b) Definitions

In this section:

(1) Historical Park

The term “Historical Park” means the Manhattan Project National Historical Park established under subsection (c).

(2) Manhattan Project

The term “Manhattan Project” means the Federal military program to develop an atomic bomb ending on December 31, 1946.

(3) Secretary

The term “Secretary” means the Secretary of the Interior.

(c) Establishment of Manhattan Project National Historical Park
(1) Establishment
(A) Date

Not later than 1 year after December 19, 2014, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park.

(B) Areas included

The Historical Park shall consist of facilities and areas listed under paragraph (2) as determined by the Secretary, in consultation with the Secretary of Energy. The Secretary shall include the area referred to in paragraph (2)(C)(i), the B Reactor National Historic Landmark, in the Historical Park.

(2) Eligible areas

The Historical Park may only be comprised of one or more of the following areas, or portions of the areas, as generally depicted in the map titled “Manhattan Project National Historical Park Sites”, numbered 540/108,834–C, and dated September 2012:

(A) Oak Ridge, Tennessee

Facilities, land, or interests in land that are—

(i)

Buildings 9204–3 and 9731 at the Department of Energy Y–12 National Security Complex;

(ii)

the X–10 Graphite Reactor at the Department of Energy Oak Ridge National Laboratory;

(iii)

the K–25 Building site at the Department of Energy East Tennessee Technology Park;

(iv)

the former Guest House located at 210 East Madison Road; and

(v)

at other sites in Oak Ridge, Tennessee, that are not depicted on the map but are determined by the Secretary to be suitable and appropriate for inclusion in the Historical Park, except that sites administered by the Secretary of Energy may be included only with the concurrence of the Secretary of Energy.

(B) Los Alamos, New Mexico

Facilities, land, or interests in land that are—

(i)

within the Los Alamos Scientific Laboratory National Historic Landmark District, or any addition to the Landmark District proposed in the National Historic Landmark Nomination—Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA–UR 12–00387 (January 26, 2012);

(ii)

the former East Cafeteria located at 1670 Nectar Street; and

(iii)

the former dormitory located at 1725 17th Street.

(C) Hanford, Washington

Facilities, land, or interests in land on the Department of Energy Hanford Nuclear Reservation that are—

(i)

the B Reactor National Historic Landmark;

(ii)

the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District;

(iii)

the White Bluffs Bank building in the White Bluffs Historic District;

(iv)

the warehouse at the Bruggemann’s Agricultural Complex;

(v)

the Hanford Irrigation District Pump House; and

(vi)

the T Plant (221–T Process Building).

(d) Agreement
(1) In general

Not later than 1 year after December 19, 2014, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Los Alamos, and Richland site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is 1 to be included in the Historical Park under subsection (c)(2), including provisions for enhanced public access, management, interpretation, and historic preservation.

(2) Responsibilities of the Secretary

Any agreement under paragraph (1) shall provide that the Secretary shall—

(A)

have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and

(B)

ensure that the agreement provides an appropriate advisory role for the National Park Service in preserving the historic resources covered by the agreement.

(3) Responsibilities of the Secretary of Energy

Any agreement under paragraph (1) shall provide that the Secretary of Energy—

(A)

shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site;

(B)

may consult with and provide historical information to the Secretary concerning the Manhattan Project;

(C)

shall retain responsibility, in accordance with applicable law, for any environmental remediation or activities relating to structural safety that may be necessary in or around the facilities, land, or interests in land governed by the agreement; and

(D)

shall retain authority and legal obligations for historic preservation and general maintenance, including to ensure safe access, in connection with the Department’s Manhattan Project resources.

(4) Amendments

The agreement under paragraph (1) may be amended, including to add to the Historical Park facilities, land, or interests in land within the eligible areas described in subsection (c)(2) that are under the jurisdiction of the Secretary of Energy.

(e) Public participation
(1) In general

The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public—

(A)

before executing any agreement under subsection (d); and

(B)

in the development of the general management plan under subsection (f)(2).

(2) Notice of determination

Not later than 30 days after the date on which an agreement under subsection (d) is entered into, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map.

(3) Availability of map

The official boundary map published under paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service. The map shall be updated to reflect any additions to the Historical Park from eligible areas described in subsection (c)(2).

(4) Additions

Any land, interest in land, or facility within the eligible areas described in subsection (c)(2) that is acquired by the Secretary or included in an amendment to the agreement under subsection (d)(4) shall be added to the Historical Park.

(f) Administration
(1) In general

The Secretary shall administer the Historical Park in accordance with—

(A)

this section; and

(B)

the laws generally applicable to units of the National Park System, including—

(i)

the National Park System Organic Act (16 U.S.C. 1 et seq.); 2 and

(ii)

the Act of August 21, 1935 (16 U.S.C. 461 et seq.).2

(2) General management plan

Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary, with the concurrence of the Secretary of Energy, with respect to land administered by the Secretary of Energy, and in consultation and collaboration with the Oak Ridge, Los Alamos and Richland Department of Energy site offices, shall complete a general management plan for the Historical Park in accordance with section 100502 of title 54.

(3) Interpretive tours

The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park.

(4) Land acquisition
(A) In general

The Secretary may acquire land and interests in land within the eligible areas described in subsection (c)(2) by—

(i)

transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy;

(ii)

donation;

(iii)

exchange; or

(iv)

in the case of land and interests in land within the eligible areas described in subparagraphs (A) and (B) of subsection (c)(2), purchase from a willing seller.

(B) No use of condemnation

The Secretary may not acquire by condemnation any land or interest in land under this section.

(C) Facilities

The Secretary may acquire land or interests in land in the vicinity of the Historical Park for visitor and administrative facilities.

(5) Donations; cooperative agreements
(A) Federal facilities
(i) In general

The Secretary may enter into one or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency.

(ii) Donations; cooperative agreements

The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under clause (i) or to provide visitor services and administrative facilities within reasonable proximity to the Historical Park.

(B) Technical assistance

The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park.

(C) Donations to Department of Energy

For the purposes of this section, or for the purpose of preserving and providing access to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services).

(g) Adjacent management
(1) In general

Nothing in this section creates a protective perimeter or buffer zone around the boundary of the Historical Park.

(2) Activities outside the boundary of the Historical Park

The fact that an activity or use on land outside the boundary of the Historical Park can be seen or heard from within the boundary shall not preclude the activity or use outside the boundary of the Historical Park.

(h) No cause of action

Nothing in this section shall be construed to create a cause of action with respect to activities outside or adjacent to the established boundary of the Historical Park.

Source credit: (Pub. L. 113–291, div. B, title XXX, § 3039, Dec. 19, 2014, 128 Stat. 3784.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-291 · 128 Stat. 3784

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-291 on 2014-12-19.

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