§410www–1 — Title 16 Conservation | U.S. Code

Summary

The Secretary must manage the Martin Luther King, Jr. National Historical Park and Preservation District under this subchapter and the regular laws that apply to national historic sites, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–7). The Secretary may get land inside the park by donation, purchase with donated or appropriated funds, transfer, or exchange. Land owned by the State of Georgia or its local governments can only be taken by donation or exchange. Land owned by Martin Luther King, Jr.’s widow or by the Martin Luther King, Jr. Center for Social Change can be acquired only with the owner’s consent, except if the Secretary finds the property is or will be used in a way that conflicts with the park’s purpose. For Center-owned property, the Secretary gets the first chance to buy it at fair market value when it is offered for sale. Acquired property may carry conditions the Secretary thinks fit, including allowing the widow to be buried at the burial site if that site is acquired. Any title or interest held by the Department of Housing and Urban Development in the property called “Parcel A” on the map referenced in section 460bbbb of this title is transferred to the Secretary. The National Park Service must, as much as possible and without displacing residents, meet its space needs in the district by reusing existing buildings.

Title 16, §410www–1

Conservation — Source: USLM XML via OLRC

(a)The Secretary of the Interior (hereinafter referred to as “the Secretary”) shall administer the Martin Luther King, Jr. National Historical Park and Preservation District in accordance with the provisions of this subchapter, and the provisions of law generally applicable to national historic sites,11 So in original. Probably should be “to the National Park System,”. including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–7).

(b)(1)Within the national historical park the Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer, or exchange, lands and interests therein, except that property owned by the State of Georgia or any political subdivision thereof may be acquired only by donation or exchange.

(2)Notwithstanding the acquisition authority contained in paragraph (1), any lands or interests therein which are owned wholly or in part, by the widow of Martin Luther King, Junior, or by the Martin Luther King, Junior, Center for Social Change, shall be acquired only with the consent of the owner thereof, except that—

(A)the Secretary may acquire such property in accordance with the provisions of this section if he determines that the property is undergoing or is about to undergo a change in use which is inconsistent with the purposes of this subchapter, and

(B)with respect to properties owned by the Center for Social Change, the Secretary shall have the first right of refusal to purchase such property for a purchase price not exceeding the fair market value of such property on the date it is offered for sale.

(3)Property may be acquired pursuant to this section subject to such conditions and reservations as in the judgment of the Secretary are not inconsistent with the purposes of this subchapter and the administration of the national historical park, including, in the event that the burial site of Martin Luther King, Junior, is acquired, the condition that his widow may be interred therein.

(4)Any and all legal or equitable title, interests, or encumbrances, if any, held by the Department of Housing and Urban Development in the property designated “Parcel A” on the map referenced in section 460bbbb of this title are hereby conveyed to the Secretary to be administered in accordance with the purposes of this subchapter.

(5)Structural space requirements of the National Park Service to meet its administrative, operational, and interpretive functions for the national historical park and preservation district shall, to the maximum extent feasible without displacing residents, be met within the district through the adaptive use of existing structures.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of

August 25, 1916, referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, popularly known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The Act of

August 21, 1935, referred to in subsec. (a), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites, Buildings and Antiquities Act and also as the Historic Sites Act of 1935, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and section 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. Codification Section was formerly classified to section 460bbbb–1 of this title.

Amendments

2018—Subsec. (a). Pub. L. 115–108, § 2(2), substituted “Martin Luther King, Jr. National Historical Park” for “Martin Luther King, Junior, National Historic Site”. Subsec. (b). Pub. L. 115–108, § 2(3), substituted “national historical park” for “national historic site” wherever appearing. 2004—Subsec. (b)(1). Pub. L. 108–314 inserted “or exchange” before period at end.

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