16 U.S.C. § 410vv–2: Administration

Summary

The Secretary of the Interior must run the park under this law and the usual National Park rules, including the 1916 National Park Service Act. The Secretary can accept land for the park only as a donation, unless land in the protection zone is being used or is about to be used in a way that conflicts with the park’s purposes; then the Secretary can acquire it by other means. For land in the historic zone, the Secretary can take land with terms that let the donor or future owners keep operating existing hiking and cross‑country ski trails commercially, if those terms match the zone’s goals. Any changes to trail operations need the Secretary’s approval. The historic zone is for preservation, education, and interpretation. The protection zone is to keep the area’s general character and allow uses that fit. The Secretary must work with state and local governments and landowners to protect the protection zone.

Title 16, §410vv–2

Conservation, Source: USLM XML via OLRC

(a)In general

The Secretary of the Interior (hereinafter in this subchapter referred to as the “Secretary”) shall administer the park in accordance with this subchapter, and laws generally applicable to units of the National Park System, including, but not limited to the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1, 2–4).

(b)Acquisition of lands

(1)Except as provided in paragraph (2), the Secretary is authorized to acquire lands or interests therein within the park only by donation.

(2)If the Secretary determines that lands within the protection zone are being used, or there is an imminent threat that such lands will be used, for a purpose that is incompatible with the purposes of this subchapter, the Secretary may acquire such lands or interests therein by means other than donation.

(3)The Secretary may acquire lands within the historic zone subject to terms and easements providing for the management and commercial operation of existing hiking and cross-country ski trails by the grantor, and the grantor’s successors and assigns, such terms and easements shall be in a manner consistent with the purposes of the historic zone. Any changes in the operation and management of existing trails shall be subject to approval by the Secretary.

(c)Historic zone

The primary purposes of the historic zone shall be preservation, education, and interpretation.

(d)Protection zone

(1)The primary purpose of the protection zone shall be to preserve the general character of the setting across from the Marsh-Billings-Rockefeller Mansion in such a manner and by such means as will continue to permit current and future compatible uses.

(2)The Secretary shall pursue protection and preservation alternatives for the protection zone by working with affected State and local governments and affected landowners to develop and implement land use practices consistent with this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1, 2–4), referred to in subsec. (a), 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.

Amendments

1998—Subsec. (d)(1). Pub. L. 105–277 substituted “Marsh-Billings-Rockefeller” for “Marsh-Billings”.

§410vv–2 Administration