16 U.S.C. § 410www–2 — Authority of Secretary regarding property and concessions

submitted 46 years ago by Pub. L. 96-428 to r/title-16-CONSERVATION · 488 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can sell or lease park properties, but must first offer the deal to the property's last owner or tenant. The Secretary can also make agreements to mark, restore, and interpret historically significant properties in the park or Preservation District. Book and gift concessions there must give first preference to the Martin Luther King, Junior, Center for Social Change.

(a) Within the park, the Secretary may convey (transfer) ownership or lease rights in any property, for whatever price the Secretary considers appropriate, with terms and conditions that will keep the property used in a way that fits this subchapter's purposes and the park's administration. Before any such conveyance, the Secretary must first offer the last recorded owner or tenant a fair chance to buy or lease the property; for a lease to that tenant, the starting rent cannot be much more than the tenant's last rent, and later increases cannot exceed the general rent increases in the surrounding area. (b) The Secretary may make cooperative agreements with owners of historically or culturally significant properties (as the Secretary decides) to mark, interpret, improve, restore, and give technical help preserving and interpreting those properties. These agreements must let the Secretary access public parts of the property at reasonable times for interpretation and other purposes, and must require mutual agreement before any changes to the property. These same powers apply to properties within the Martin Luther King, Junior, Preservation District. (c) In interpreting properties within the park and Preservation District, the Secretary may accept help and services — paid or unpaid — from qualified people and organizations, as the Secretary decides is needed. Money appropriated for this subchapter can be spent improving, restoring, and maintaining properties where the Secretary holds a lease. (d) No matter what other laws say, the Secretary must give first preference to the Martin Luther King, Junior, Center for Social Change for any concession contract to sell books, postcards, tapes, or similar souvenirs at facilities the Secretary runs within the park — as long as they can agree on acceptable terms. (e) The Secretary may only take actions on the grounds of the Ebenezer Baptist Church that directly support proper public visits to the church, consistent with this subchapter's purposes, or that help maintain or preserve the parts of the church tied to those purposes.

the actual law source: uscode.house.gov ↗public domain

(a)

Within the national historical park, the Secretary may convey a freehold or leasehold interest in any property, for such sums as he deems appropriate, and subject to such terms and conditions and reservations as will assure the use of the property in a manner which is, in the judgment of the Secretary, consistent with the purposes of this subchapter and the administration of the national historical park. The Secretary shall offer the last owner or tenant of record a reasonable opportunity to purchase or lease, as appropriate, the property proposed to be conveyed prior to any conveyance under this subsection, and in the case of a lease to such tenant of record, the initial rental charge shall not be substantially more than the last rent paid by the tenant for that property, with any future increases not to exceed the general escalation of rental rates in the surrounding area.

(b)

The Secretary may enter into cooperative agreements with the owners of properties of historical or cultural significance as determined by the Secretary, pursuant to which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of such properties. Such agreements shall contain, but need not be limited to, 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. The authorities in this subsection shall also be available to the Secretary with respect to properties within the Martin Luther King, Junior, Preservation District.

(c)

The Secretary may, in carrying out his authorities with respect to the interpretation of properties within the national historical park and the preservation district, accept the services and assistance, with or without reimbursement therefor, of qualified persons and entities to the extent he deems necessary and appropriate. Funds appropriated for the purposes of this subchapter may be expended for the improvement, restoration, and maintenance of properties in which the Secretary has acquired a leasehold interest.

(d)

Notwithstanding any other provision of law, the Secretary shall give first preference to the Martin Luther King, Junior, Center for Social Change with respect to any contract for a concession to sell books, postcards, tapes, or similar types of appropriate mementos related to the purposes of this subchapter, on facilities operated and maintained by the Secretary within the historical park: Provided, That agreement can be reached on terms and conditions acceptable to the Secretary.

(e)

The Secretary is authorized to take only such actions within and upon the grounds of the Ebenezer Baptist Church as will directly support appropriate public visitation to and within the church in accordance with the purposes of this subchapter, or which will assist in the maintenance or preservation of those portions of said church which are directly related to the purposes of this subchapter.

Source credit: (Pub. L. 96–428, § 3, Oct. 10, 1980, 94 Stat. 1840; Pub. L. 115–108, § 2(3), (4), Jan. 8, 2018, 131 Stat. 2267.)

history & why it existsrecord from the source credit

1980Enacted · Pub. L. 96-428 · 94 Stat. 1840
2018Amended · Pub. L. 115-108 · 131 Stat. 2267

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-428 on 1980-10-10.

all 0 arguments · sorted by: best

no arguments yet — make the first case