§410qqq — Title 16 Conservation | U.S. Code

Summary

Creates the Coltsville National Historical Park in Connecticut, but only after the Secretary of the Interior confirms three things: enough land or land rights have been donated to make a workable park, at least 10,000 square feet in the Colt Armory Complex is promised for park offices and visitor services, and the State, city, or other public owners agree to manage their land in the Coltsville Historic District to fit the park. After the Secretary makes that confirmation, they must announce the park in the Federal Register within 30 days. Defines a few key words used in the law: city (Hartford), Commission (the advisory group), Historic District (Coltsville Historic District), map (the park boundary map), park (Coltsville National Historical Park), Secretary (Secretary of the Interior), and State (Connecticut). The park will include and interpret seven named sites (East Armory; Church of the Good Shepherd; Caldwell/Colt Memorial Parish House; Colt Park; Potsdam Cottages; Armsmear; and the James Colt House), and the official map will be available for public viewing. The Secretary can arrange with museums and trusts to display Colt artifacts, make cooperative preservation agreements (with a 1-to-1 Federal matching requirement that may be met by valued donations), require public access rights, and require repayment if a funded project is used for other purposes. The Secretary may buy or accept donations of land (but cannot condemn land and can take State-owned land only by donation) and must manage the park under park laws. A management plan must be finished within 3 fiscal years after funding starts and must show cost sharing; it is sent to the House Natural Resources Committee and the Senate Energy and Natural Resources Committee. An 11-member Advisory Commission will help the Secretary plan and run the park; members are appointed with input from State and local officials, must have relevant experience, serve 3-year terms (reappointable once), serve without pay but get travel expenses, and the Commission was set to end 10 years after December 19, 2014 unless the Secretary extends it after an 8-year review (an extension may be for up to 10 more years).

Title 16, §410qqq

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “city” means the city of Hartford, Connecticut.

(2)The term “Commission” means the Coltsville National Historical Park Advisory Commission established by subsection (k)(1).

(3)The term “Historic District” means the Coltsville Historic District.

(4)The term “map” means the map entitled “Coltsville National Historical Park—Proposed Boundary”, numbered T25/102087, and dated May 11, 2010.

(5)The term “park” means the Coltsville National Historical Park in the State of Connecticut.

(6)The term “Secretary” means the Secretary of the Interior.

(7)The term “State” means the State of Connecticut.

(b)(1)Subject to paragraph (2), there is established in the State a unit of the National Park System to be known as the “Coltsville National Historical Park”.

(2)The park shall not be established until the date on which the Secretary determines that—

(A)the Secretary has acquired by donation sufficient land or an interest in land within the boundary of the park to constitute a manageable unit;

(B)the State, city, or private property owner, as appropriate, has entered into a written agreement with the Secretary to donate at least 10,000 square feet of space in the Colt Armory Complex which would include facilities for park administration and visitor services; and

(C)the Secretary has entered into a written agreement with the State, city, or other public entity, as appropriate, providing that land owned by the State, city, or other public entity within the Coltsville Historic District shall be managed consistent with this section.

(3)Not later than 30 days after the date on which the Secretary makes a determination under paragraph (2), the Secretary shall publish in the Federal Register notice of the establishment of the park.

(c)The park shall include and provide appropriate interpretation and viewing of the following sites, as generally depicted on the map:

(1)The East Armory.

(2)The Church of the Good Shepherd.

(3)The Caldwell/Colt Memorial Parish House.

(4)Colt Park.

(5)The Potsdam Cottages.

(6)Armsmear.

(7)The James Colt House.

(d)The map shall be on file and available for public inspection in appropriate offices of the National Park Service.

(e)The Secretary may enter into a written agreement with the State of Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other public entities, as appropriate, to gain appropriate access to Colt-related artifacts for the purposes of having items routinely on display in the East Armory or within other areas of the park to enhance the visitor experience.

(f)(1)The Secretary shall administer the 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 Service Organic Act (16 U.S.C. 1 et seq.); 11 See References in Text note below. and

(ii)the Act of August 21, 1935 (16 U.S.C. 461 et seq.).1

(2)Nothing in this section enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the city)—

(A)to exercise civil and criminal jurisdiction; or

(B)to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the park.

(g)(1)As the Secretary determines to be appropriate to carry out this section, the Secretary may enter into cooperative agreements to carry out this section, under which the Secretary may identify, interpret, restore, rehabilitate, and provide technical assistance for the preservation of nationally significant properties within the boundary of the park.

(2)A cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of—

(A)conducting visitors through the properties; and

(B)interpreting the properties for the public.

(3)No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations.

(4)Any payment by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in an amount equal to the greater of—

(A)the amounts made available to the project by the United States; or

(B)the portion of the increased value of the project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or disposal.

(5)(A)As a condition of the receipt of funds under this subsection, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal funds.

(B)With the approval of the Secretary, the non-Federal share required under subparagraph (A) may be in the form of donated property, goods, or services from a non-Federal source, fairly valued.

(h)(1)The Secretary is authorized to acquire land and interests in land by donation, purchase with donated or appropriated funds, or exchange, except that land or interests in land owned by the State or any political subdivision of the State may be acquired only by donation.

(2)The Secretary may not acquire any land or interest in land for the purposes of this section by condemnation.

(i)The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the historic district.

(j)(1)Not later than 3 fiscal years after the date on which funds are made available to carry out this section, the Secretary, in consultation with the Commission, shall complete a management plan for the park in accordance with—

(A)section 100502 of title 54; and

(B)other applicable laws.

(2)The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the city, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the park.

(3)On completion of the management plan, the Secretary shall submit the management plan to—

(A)the Committee on Natural Resources of the House of Representatives; and

(B)the Committee on Energy and Natural Resources of the Senate.

(k)(1)There is established a Commission to be known as the “Coltsville National Historical Park Advisory Commission”.

(2)The Commission shall advise the Secretary in the development and implementation of the management plan.

(3)(A)The Commission shall be composed of 11 members, to be appointed by the Secretary, of whom—

(i)2 members shall be appointed after consideration of recommendations submitted by the Governor of the State;

(ii)1 member shall be appointed after consideration of recommendations submitted by the State Senate President;

(iii)1 member shall be appointed after consideration of recommendations submitted by the Speaker of the State House of Representatives;

(iv)2 members shall be appointed after consideration of recommendations submitted by the Mayor of Hartford, Connecticut;

(v)2 members shall be appointed after consideration of recommendations submitted by Connecticut’s 2 United States Senators;

(vi)1 member shall be appointed after consideration of recommendations submitted by Connecticut’s First Congressional District Representative;

(vii)2 members shall have experience with national parks and historic preservation;

(viii)all appointments must have significant experience with and knowledge of the Coltsville Historic District; and

(ix)1 member of the Commission must live in the Sheldon/Charter Oak neighborhood within the Coltsville Historic District.

(B)The Secretary shall appoint the initial members of the Commission not later than the earlier of—

(i)the date that is 30 days after the date on which the Secretary has received all of the recommendations for appointments under subparagraph (A); or

(ii)the date that is 30 days after the park is established.

(4)(A)(i)A member shall be appointed for a term of 3 years.

(ii)A member may be reappointed for not more than 1 additional term.

(B)A vacancy on the Commission shall be filled in the same manner as the original appointment was made.

(5)The Commission shall meet at the call of—

(A)the Chairperson; or

(B)a majority of the members of the Commission.

(6)A majority of the Commission shall constitute a quorum.

(7)(A)The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.

(B)The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson.

(C)A member may serve as Chairperson or Vice Chairperson for not more than 1 year in each office.

(8)(A)(i)Members of the Commission shall serve without compensation.

(ii)Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of the duty of the Commission.

(B)(i)The Secretary shall provide the Commission with any staff members and technical assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the Commission to carry out the duty of the Commission.

(ii)The Secretary may accept the services of personnel detailed from the State or any political subdivision of the State.

(9)section 1013(b) of title 5 shall not apply to the Commission.

(10)(A)Unless extended under subparagraph (B), the Commission shall terminate on the date that is 10 years after December 19, 2014.

(B)(i)Eight years after December 19, 2014, the Commission shall make a recommendation to the Secretary if a body of its nature is still necessary to advise on the development of the park.

(ii)If, based on a recommendation under clause (i), the Secretary determines that the Commission is still necessary, the Secretary may extend the life of the Commission for not more than 10 years.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Park Service Organic Act (16 U.S.C. 1 et seq.), referred to in subsec. (f)(1)(B)(i), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, 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 (16 U.S.C. 461 et seq.), referred to in subsec. (f)(1)(B)(ii), 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. Codification In subsec. (j)(1)(A), “section 100502 of title 54” substituted for “section 12(b) of Public Law 91–383 (commonly known as the ‘National Park Service General Authorities Act’) (16 U.S.C. 1a–7(b))” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Amendments

2022—Subsec. (k)(9). Pub. L. 117–286 substituted “Nonapplicability of chapter 10 of title 5” for “FACA nonapplicability” in heading and “section 1013(b) of title 5” for “section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.)” in text. 2018—Subsec. (b)(2)(B). Pub. L. 115–111 substituted “Colt Armory Complex” for “East Armory”.

§410qqq Coltsville National Historical Park