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

Summary

The Secretary may acquire land and land rights inside the park by donation, by buying with donated or appropriated money, or by swapping property. The Secretary of Commerce may transfer the Liberty Ship SS Jeremiah O’Brien to the Secretary for the park. Other federal property inside the park can be moved to the Secretary’s control without payment if the other agency head agrees. State or local land inside the park can only be accepted as a donation. The Secretary may agree with California or local governments to improve and use berthing facilities and may spend appropriated funds for those improvements if the state gives land on terms the Secretary accepts. To run the park, the Secretary may also get vessels, heavy marine gear, and drydock facilities. The Secretary must tell the House Natural Resources Committee and the Senate Energy and Natural Resources Committee in writing at least 90 days before taking any large historic vessel and include estimated costs for preservation, restoration if needed, and maintenance. The Secretary must not acquire any historic vessel under this rule until the Committees are told that enough money is available to preserve and maintain the vessels listed in section 410nn–1(e)(1).

Title 16, §410nn–2

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(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (d)(1), was in the original “this Act”, meaning Pub. L. 100–348, June 27, 1988, 102 Stat. 654, known as the San Francisco Maritime National Historical Park Act of 1988, which is classified principally to this subchapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 410nn of this title and Tables.

Amendments

1994—Subsec. (d)(1). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.

§410nn–2 Acquisition of Property