16 U.S.C. § 410z: Establishment

Summary

The Secretary of the Interior may get certain historic Boston places by donation or by buying them with donated money to create the Boston National Historical Park. The park covers eight sites: Faneuil Hall; Paul Revere House; the Old North Church area; the Old State House; Bunker Hill (Breeds Hill); Old South Meeting House; the Charlestown Navy Yard; and Dorchester Heights. If those places are not given or bought with donated funds, the Secretary may buy them with government money. He must not use eminent domain (forcing a sale) except for privately held lands in the Charlestown Navy Yard, and he may not force a sale so long as a signed cooperative agreement that protects the sites is in effect. Land owned by the Commonwealth of Massachusetts or its local governments may only be given by donation. The Charlestown Navy Yard includes the USS Constitution and the lands shown on the boundary map numbered BONA 20,000 dated March 1974 (on file with the National Park Service). It also includes the Ropewalk and Tar House and the Chain Forge and Round House (buildings 58, 60, and 105). Federal property there will be transferred to the Secretary of the Interior, who may let the Navy keep using needed buildings for preservation if the Navy gives Interior enough money to cover the costs. The Secretary must work with the city of Boston and the Commonwealth on transportation plans and may grant easements or rights-of-way to the state or local agencies, including the Boston Redevelopment Authority, for access, provided the grantee gives Building No. 107 to the United States.

Title 16, §410z

Conservation, Source: USLM XML via OLRC

(a)Acquisition of properties by donation or with donated funds

In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain historic structures and properties of outstanding national significance located in Boston, Massachusetts, and associated with the American Revolution and the founding and growth of the United States, the Secretary of the Interior (hereinafter referred to as the “Secretary”) may, in accordance with the provisions of this subchapter, acquire by donation or by purchase with donated funds, all lands and improvements thereon or interests therein comprising the following described areas:

(1)Faneuil Hall, located at Dock Square, Boston;

(2)Paul Revere House, 19 North Square, Boston;

(3)The area identified as the Old North Church area, 193 Salem Street, Boston;

(4)The Old State House, Washington and State Streets, Boston;

(5)Bunker Hill, Breeds Hill, Boston;

(6)Old South Meeting House, Milk and Washington Streets, Boston;

(7)Charlestown Navy Yard; and

(8)Dorchester Heights, Boston.

(b)Acquisition of properties with appropriated funds

In the event that the properties described in this section are not donated to the United States or purchased with donated funds, they may be acquired by the Secretary with appropriated funds: Provided, That, except for privately held lands within the Charlestown Navy Yard as described in subsection (d) of this section, the Secretary shall not acquire any such properties by eminent domain so long as he determines that a binding, written cooperative agreement, assuring the preservation and historical integrity of such properties remains in force and effect. Lands owned by the Commonwealth of Massachusetts, or any of its political subdivisions, may be acquired only by donation.

(c)Publication of notice

At such time as the Secretary determines that sufficient lands, improvements, and interests therein have been acquired or that cooperative agreements satisfying the preservation and historical objective of this subchapter have been executed, he may establish the Boston National Historical Park by publication of notice to that effect in the Federal Register, together with a detailed description or map setting forth the properties included therein.

(d)Charlestown Navy Yard

As used in this section, the Charlestown Navy Yard shall include the United States Ship Constitution and the lands generally depicted on the map entitled “Boundary Map: Charlestown Naval Shipyard—U.S.S. Constitution, Boston National Historical Park”, numbered BONA 20,000 and dated March 1974 which shall be on file and available in the offices of the Director of the National Park Service, Department of the Interior, Washington, D.C. As used in this section, the Charlestown Navy Yard shall also include the properties known as the Ropewalk and Tar House and the Chain Forge and Round House, designated on such map as buildings numbered 58, 60, and 105. All right, title, and interest in the Federal properties and improvements included therein shall be transferred to the Secretary of the Interior: Provided, That he may, by written agreement with the Secretary of the Navy, permit the continued use of any such buildings and facilities as the Secretary of the Interior determines to be necessary for the preservation and maintenance of the Constitution, which agreement shall provide that the Department of the Navy shall transfer to the Department of the Interior funds sufficient to cover the costs attributable to the functions and services which are provided by the Department of the Interior. The Secretary shall consult with representatives of the city of Boston and the Commonwealth of Massachusetts concerning the development of suitable transportation plans consistent with the purposes for which the Navy Yard was included in the historical park and the Secretary is authorized to grant, in accordance with such terms and conditions as he deems necessary and consistent with the purposes of this subchapter, easements and rights-of-way to the Commonwealth of Massachusetts or any political subdivision thereof including the Boston Redevelopment Authority for purposes of the vehicular, pedestrian and utility access to that portion of the Boston Navy Yard outside the boundaries of the Park. Such grants of easements and rights-of-way shall be upon the express condition that the grantee convey to the United States the property known as Building No. 107, being a part of the Boston Navy Yard and owned by the Boston Redevelopment Authority.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (d). Pub. L. 96–344 inserted provision including within the Charlestown Navy Yard properties known as the Ropewalk and Tar House and the Chain Forge and Round House, designated as buildings numbered 58, 60, and 105. 1978—Subsec. (a)(8). Pub. L. 95–625, § 310(a), added par. (8). Subsec. (d). Pub. L. 95–625, § 310(d), authorized grant of easements and rights-of-way for vehicular, pedestrian and utility access to the Boston Navy Yard outside the boundaries of the Boston National Historical Park upon express condition that the grantee convey to the United States the part of the Boston Navy Yard owned by the Boston Redevelopment Authority.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 93–431, § 1, Oct. 1, 1974, 88 Stat. 1184, provided: “That this Act [enacting this subchapter] may be cited as the ‘Boston National Historical Park Act of 1974’.” Authorization of Appropriations Pub. L. 95–625, title III, § 310(c), Nov. 10, 1978, 92 Stat. 3478, provided that: “There are authorized to be appropriated such sums as may be necessary for the acquisition of lands or interests in lands designated by subsection (a) of this section [enacting subsec. (a)(8) of this section] as a component of the Boston National Historical Park, and for the development of such component.”

§410z Establishment