16 U.S.C. § 410ee: San Antonio Missions…

Summary

Creates the San Antonio Missions National Historical Park to preserve, restore, and explain the Spanish missions in San Antonio for current and future Americans. The park includes Concepcion, San Jose, San Juan, and Espada missions and related historic areas shown on a boundary map dated May 1978, and a proposed extension shown on maps dated June 7, 1990. The park boundary was later changed to add about 137 acres shown on a map dated June 2012; that map is on file with the National Park Service, and the added land can only be taken if donated or exchanged. The Secretary of the Interior may make small boundary tweaks after telling two Congressional committees in writing. The Secretary may get land by donation, purchase (with donated or approved funds), or exchange for the missions, the Espada and San Juan acequias (including about five miles of the Espada acequia), the Espada Dam and Aqueduct, and other lands needed for access and protection. The Secretary can make cooperative agreements with owners to keep and care for historic properties forever, require public access when needed, and may build or maintain facilities on non‑federal land under such agreements, but agreements involving church property must be sent to the Department of Justice for a church/state check. Owners of “improved property” (a dwelling started before January 1, 1978) may keep a noncommercial residential right for 25 years or until the death of the owner or spouse, and the Secretary must pay fair market value less the value of that retained right; the Secretary can end that right if the house stops being used as a residence and must pay the remaining value. The Secretary must protect the missions and run the park under the laws that govern national parks. An 11‑member advisory commission may be appointed for two‑year terms, with specific seats for state, county, and city recommendations, property owners, a local conservation or historical group, and public members; appointments were to be made within six months after November 10, 1978, the Secretary must meet with the group at least twice a year, and the commission ends ten years after its first meeting unless Congress extends it. Funds may be appropriated as needed, but no more than $10,000,000 for land and no more than $15,000,000 for essential public facilities.

Title 16, §410ee

Conservation, Source: USLM XML via OLRC

(a)Establishment

(1)In general

In order to provide for the preservation, restoration, and interpretation of the Spanish Missions of San Antonio, Texas, for the benefit and enjoyment of present and future generations of Americans, there is hereby established the San Antonio Missions National Historical Park (hereafter in this section referred to as the “park”) consisting of Concepcion, San Jose, San Juan, and Espada Missions, together with areas and features historically associated therewith, as generally depicted on the drawing entitled “Boundary Map, San Antonio Missions National Historical Park”, numbered 930–80,022–C and dated May 1978, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and in the offices of the Superintendent of the park.

(2)Additional land (3) Boundary modification

The park shall also consist of the lands and interests therein within the area bounded by the line depicted as “Proposed Boundary Extension” on the maps entitled “San Antonio Missions National Historical Park”, numbered 472–80,075, 472–80,076, 472–80,077, 472–80,078, 472–80,079, 472–80,080, and 472–80,081 and dated June 7, 1990, which shall be on file and available for public inspection in the same manner as is such drawing.

(4)Revisions

After advising the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, in writing, the Secretary of the Interior (hereinafter referred to as the “Secretary”) may make minor revisions of the boundaries of the park when necessary by publication of a revised drawing or other boundary description in the Federal Register.

(b)Acquisition of lands and interests; cooperative agreements; submittal to Department of Justice

For the purposes of this section, the Secretary is authorized—

(1)to acquire by donation, purchase with donated or appropriated funds, or exchange, lands and interests therein constituting the following generally described areas in the historic missions district of the city of San Antonio, Texas—

(A)Mission San Jose y San Miguel de Aguayo;

(B)Mission Nuestra Senora de la Purisima Concepcion de Acuna;

(C)Mission San Francisco de la Espada;

(D)Espada Acequia, the section of approximately five miles along the west side of and parallel to the San Antonio River;

(E)Espada Dam and Aqueduct;

(F)Mission San Juan Capistrano;

(G)San Juan Acequia, on the east side of the San Antonio River; and

(H)such lands and interests therein which the Secretary determines are necessary or desirable to provide for public access to, and interpretation and protection of, the foregoing; and

(2)to enter cooperative agreements with the owners of any historic properties, including properties referred to in paragraph (1), in furtherance of the purposes of this section.

Each agreement under paragraph (2) shall provide among other things that the owner will hold and preserve the historic property in perpetuity and will not undertake or permit the alteration or removal of historic features or the erection of markers, structures, or buildings without the prior concurrence of the Secretary, and that the public shall have reasonable access to those portions of the property to which access is necessary in the judgment of the Secretary for the proper appreciation and interpretation of its historical and architectural value. Pursuant to such cooperative agreements and notwithstanding any other provision of law to the contrary the Secretary may, directly or by contract, construct, reconstruct, rehabilitate, or develop such buildings, structures, and related facilities including roads, trails, and other interpretive facilities on real property not in Federal ownership and may maintain and operate programs in connection therewith as he deems appropriate. Any lands or interest therein owned by the Catholic Archdiocese of San Antonio, the State of Texas, or any political subdivision of such State, including the San Antonio River Authority, may be acquired by donation only: Provided, That the Secretary shall submit all proposed cooperative agreements to the Department of Justice for a determination that the proposed agreements do not violate the constitutional provisions regarding the separation of church and state.

(c)Retention of rights by owners; compensation for property; termination of rights; “improved property” defined

(1)With the exception of any property deemed necessary by the Secretary for visitor facilities or administration of the park, any owner or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the property for noncommercial residential purposes, for twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or his spouse, whichever is later. The owner shall elect the term to be reserved. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner.

(2)A right of use and occupancy retained or enjoyed pursuant to this subsection may be terminated with respect to the entire property by the Secretary upon his determination that the property or any portion thereof had ceased to be used for noncommercial residential purposes and upon tender to the holder of a right an amount equal to the fair market value, as of the date of tender, of that portion of the right which remains unexpired on the date of termination.

(3)The term “improved property”, as used in this subsection, shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1978 (hereinafter referred to as a “dwelling”), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment or the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.

(d)Protection and preservation of historical and architectural values; administration

The Secretary is authorized and directed to take prompt and appropriate action in accordance with the provisions of this section and any cooperative agreement hereunder to assure the protection and preservation of the historical and architectural values of the missions and the areas and features historically associated therewith within the boundaries of the park. The park shall be administered by the Secretary in accordance with this section and provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).

(e)San Antonio Missions Advisory Commission; membership; Chairman; vacancies; compensation and expenses; meeting and consultation between Secretary and Advisory Commission; termination

(1)There is hereby authorized to be established by the Secretary, a San Antonio Missions Advisory Commission. The Commission shall be composed of eleven members, each appointed for a term of two years by the Secretary, as follows:

(A)one member to be appointed from recommendations made by the Governor of the State of Texas;

(B)one member to be appointed from recommendations made by the County Commissioners of Bexar County, Texas;

(C)one member to be appointed from recommendations made by the City Council of the City of San Antonio, Texas;

(D)one member to be appointed to represent non-Federal property owners whose property is operated and maintained in accordance with cooperative agreements with the Secretary pursuant to subsection (b)(2);

(E)one member from the membership of a local conservation or historical organization; and

(F)six members representing the general public.

The Secretary shall designate one member to be Chairman of the Commission and may fill any vacancy in the same manner in which the original appointment was made.

(2)Members of the Commission shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred by the Commission and may reimburse members for reasonable expenses incurred in carrying out their responsibilities under this section on vouchers signed by the Chairman.

(3)All appointments to the Commission shall be made by the Secretary within six months after November 10, 1978, and the Secretary, or his designee, shall from time to time, but at least semiannually, meet and consult with the Advisory Commission in matters relating to the park and with respect to carrying out the provisions of this section.

(4)Unless extended by Act of Congress, this Commission shall terminate ten years after the date of its first meeting with the Secretary or his designee.

(f)Authorization of appropriations

(1)There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section, but not more than $10,000,000 for the acquisition of lands and interests in lands.

(2)For the development of essential public facilities there are authorized to be appropriated not more than $15,000,000.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of

August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), referred to in subsec. (d), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, 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 (49 Stat. 666; 16 U.S.C. 461–467), referred to in subsec. (d), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, 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.

Amendments

2014—Pub. L. 113–291, § 3042(1), inserted section catchline. Subsec. (a). Pub. L. 113–291 inserted subsec. heading, designated first, second, and third sentences as pars. (1), (2), and (4), respectively, inserted par. headings, and added par. (3). 1994—Subsec. (a). Pub. L. 103–437, § 6(j)(1), substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”. Subsec. (f)(2). Pub. L. 103–437, § 6(j)(2), struck out at end “Within one year from

November 10, 1978, the Secretary shall develop and transmit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a final master plan for the development of the park consistent with the objectives of this section, indicating (A) the facilities needed to accommodate the health, safety, and interpretive needs of the visiting public; (B) the location and estimated cost of all facilities; and (C) the projected need for any additional facilities within the park.” 1990—Subsec. (a). Pub. L. 101–628, § 501(a), inserted after first sentence “The park shall also consist of the lands and interests therein within the area bounded by the line depicted as ‘Proposed Boundary Extension’ on the maps entitled ‘San Antonio Missions National Historical Park’, numbered 472–80,075, 472–80,076, 472–80,077, 472–80,078, 472–80,079, 472–80,080, and 472–80,081 and dated

June 7, 1990, which shall be on file and available for public inspection in the same manner as is such drawing.” Subsec. (f)(2). Pub. L. 101–628, § 501(b), substituted “$15,000,000” for “$500,000”. 1980—Subsec. (e)(1). Pub. L. 96–344 substituted “eleven” for “seven” in provision preceding subpar. (A) and “six” for “two” in subpar. (F).

§410ee San Antonio Missions National Historical Park