Title 16 — Conservation
Chapter 1 — National Parks, Military Parks, Monuments, and Seashores
§ 450bb. Harpers Ferry National Historical Park
Statutory text
In general
To carry out the purposes of sections 450bb to 450bb–2 of this title, the Secretary of the Interior (referred to in sections 450bb to 450bb–2 of this title as the “Secretary”) is authorized to acquire, by purchase from a willing seller with donated or appropriated funds, by donation, or by exchange, land or an interest in land within the boundaries as generally depicted on the map entitled “Boundary Map, Harpers Ferry National Historical Park”, numbered 385–80,021A, and dated April 1979.
Bradley and Ruth Nash Addition
The Secretary is authorized to acquire, by donation only, approximately 27 acres of land or interests in land that are outside the boundary of the Harpers Ferry National Historical Park and generally depicted on the map entitled “Proposed Bradley and Ruth Nash Addition—Harpers Ferry National Historical Park”, numbered 385–80056, and dated .
Boundary expansion
In general
The Secretary is authorized to acquire, by purchase from a willing seller with donated or appropriated funds, by donation, or by exchange, land or an interest in land within the area depicted as “Private Lands” on the map entitled “Harpers Ferry National Historical Park Proposed Boundary Expansion”, numbered 385/80,126, and dated .
Administration
The Secretary shall—
transfer to the National Park Service for inclusion in the Harpers Ferry National Historical Park (referred to in sections 450bb to 450bb–2 of this title as the “Park”) the land depicted on the map referred to in paragraph (1) as “U.S. Fish and Wildlife Service Lands” and revise the boundary of the Park accordingly; and
revise the boundary of the Park to include the land depicted on the map referred to in paragraph (1) as “Appalachian NST” and exclude that land from the boundary of the Appalachian National Scenic Trail.
Maximum number of acres
The number of acres of the Park shall not exceed 3,745.
Maps
The maps referred to in this section shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Acquired land
Land or an interest in land acquired under this section shall become a part of the Park, subject to the laws (including regulations) applicable to the Park.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 78–328 § 1 · 58 Stat. 645
Enacted · 16 U.S.C. § 450bb
June 30, 1944, ch. 328, § 1, 58 Stat. 645
Source evidence
Code source credit
June 30, 1944, ch. 328, § 1, 58 Stat. 645Enacted provision · exact public law section
(1) Maintain, either in an existing structure acquired under the provisions of section 1 of this Act or in a building constructed by him for the purpose, a museum for relics and records pertaining to historic events that took place at Harpers Ferry, and for other relics of national and patriotic interest, and to accept on behalf of the United States, for installation in such museum, articles which may be offered as additions to the museum; andTo provide for the establishment of the Harpers Ferry National Monument
Pub. L. 93–466 § 1(1) · 88 Stat. 1420
Inserted · 16 U.S.C. § 450bb
Pub. L. 93–466 inserted reference to updated map, prohibited the Secretary from exercising any power of condemnation on lands in which a less than fee interest has been previously acquired, authorized the acquisition of land with appropriated funds and by exchange, authorized an increase in total area from 1500 to 2000 acres, and authorized the Secretary to make minor boundary changes by publication of a revised description in the Federal Register, after advising the Committees on Interior and Insular Affairs
Source evidence
Code amendment note
Pub. L. 93–466 inserted reference to updated map, prohibited the Secretary from exercising any power of condemnation on lands in which a less than fee interest has been previously acquired, authorized the acquisition of land with appropriated funds and by exchange, authorized an increase in total area from 1500 to 2000 acres, and authorized the Secretary to make minor boundary changes by publication of a revised description in the Federal Register, after advising the Committees on Interior and Insular Affairs.Enacted provision · exact public law section
(1) In section 1, the first sentence is amended to read: “That, in order to carry out the purposes of this Act, the Secretary of the Interior is authorized to acquire lands or interests in lands, by donation, purchase with donated or appropriated funds, or exchange, within the boundaries as generally depicted on the drawing entitled ‘Boundary Map, Harpers Ferry National Historical Park’, numbered 385–40,000D and dated April 1974, which shall be on file and available for public inspection in the offices of the National Park Service, Department Publication in Federal Register. of the Interior: Provided, That after advising the Committees on Interior and Insular Affairs of the Congress of the United States, in writing, the Secretary may make minor revisions in the boundary, when necessary, by publication of a revised drawing or other boundary description in the Federal Register, but the total acreage shall not exceed two thousand acres: Provided further, That nothing herein shall be deemed to authorize the acquisition, without consent of the owner, of a fee simple interest in lands within the boundaries in which a less than fee interest has previously been acquired by the Secretary of the Interior.”Pub. L. 96–199 title I § 108(1) · 94 Stat. 67
Substituted · 16 U.S.C. § 450bb
Pub. L. 96–199 substituted “ ‘Boundary Map, Harpers Ferry National Historical Park’, numbered 385–80,021A and dated April 1979” for “ ‘Boundary Map, Harpers Ferry National Historical Park’, numbered 385–40,000D and dated April 1974”
Substituted · 16 U.S.C. § 450bb
Pub. L. 96–199 substituted “two thousand four hundred and seventy-five acres” for “two thousand acres”
Source evidence
Code amendment note
Pub. L. 96–199 substituted “ ‘Boundary Map, Harpers Ferry National Historical Park’, numbered 385–80,021A and dated April 1979” for “ ‘Boundary Map, Harpers Ferry National Historical Park’, numbered 385–40,000D and dated April 1974” and “two thousand four hundred and seventy-five acres” for “two thousand acres”.Enacted provision · exact public law section
Sec. 108. The Act of June 30, 1944 (58 Stat. 645), as amended (16 Boundary Map, Harpers Ferry National Historical Park. U.S.C. 450bb), is further amended (1) by changing “Boundary Map, Harpers Ferry National Historical Park”, numbered 385–40,00OD and dated April 1974 to “Boundary Map, Harpers Ferry National Historical Park”, numbered 385–80,021A and dated April 1979 and changing “two thousand acres” to “two thousand four hundred and seventy-five acres” in the first section; and (2) by changing “$1,300,000” to “$1,600,000” in section 4. 16 USC 450bb note. Ice Age National Scientific Reserve, Wis., grants. 16 USC 469h.Pub. L. 101–109 § 1(a) · 103 Stat. 681
Substituted · 16 U.S.C. § 450bb
Pub. L. 101–109 substituted “two thousand five hundred and five acres” for “two thousand four hundred and seventy-five acres” in first sentence
Inserted · 16 U.S.C. § 450bb
Pub. L. 101–109 inserted after first sentence “The Secretary is authorized to acquire, by donation only, approximately twenty-seven acres of land or interests therein which are outside the boundary of the Harpers Ferry National Historical Park and generally depicted on a map entitled ‘Proposed Bradley and Ruth Nash Addition—Harpers Ferry National Historical Park,’ dated April 1, 1989 and numbered 385–80056. Such map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia. When acquired, such lands or interests therein shall become a part of the park, subject to the laws and regulations applicable thereto.”
Source evidence
Code amendment note
Pub. L. 101–109 substituted “two thousand five hundred and five acres” for “two thousand four hundred and seventy-five acres” in first sentence and inserted after first sentence “The Secretary is authorized to acquire, by donation only, approximately twenty-seven acres of land or interests therein which are outside the boundary of the Harpers Ferry National Historical Park and generally depicted on a map entitled ‘Proposed Bradley and Ruth Nash Addition—Harpers Ferry National Historical Park,’ dated April 1, 1989 and numbered 385–80056. Such map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia. When acquired, such lands or interests therein shall become a part of the park, subject to the laws and regulations applicable thereto.”Enacted provision · exact public law section
(l) striking “two thousand four hundred and seventy-five acres” in the first sentence and inserting “two thousand five hundred and five acres”; andPub. L. 103–437 § 6(h)(2) · 108 Stat. 4581
Substituted · 16 U.S.C. § 450bb
Pub. L. 103–437 substituted “Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives” for “Committees on Interior and Insular Affairs of the Congress of the United States”
Source evidence
Code amendment note
Pub. L. 103–437 substituted “Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives” for “Committees on Interior and Insular Affairs of the Congress of the United States”.Enacted provision · exact public law section
(2) section 1 of the Act of June 30, 1944 (16 U.S.C. 450bb).Harpers Ferry National Historical Park Boundary Revision Act of 2004
Pub. L. 108–307 § 2 · 118 Stat. 1133
Inserted · 16 U.S.C. § 450bb
Pub. L. 108–307 inserted section catchline
Amended · 16 U.S.C. § 450bb
Pub. L. 108–307 amended text generally. Prior to amendment, section authorized the Secretary of the Interior to acquire certain lands for the Harpers Ferry National Historical Park
Source evidence
Code amendment note
Pub. L. 108–307 inserted section catchline and amended text generally. Prior to amendment, section authorized the Secretary of the Interior to acquire certain lands for the Harpers Ferry National Historical Park.Enacted provision · exact public law section
SEC. 2. HARPERS FERRY NATIONAL HISTORICAL PARK. The first section of the Act of June 30, 1944 (58 Stat. 645, chapter 328; 16 U.S.C. 450bb), is amended to read as follows: “SECTION 1. HARPERS FERRY NATIONAL HISTORICAL PARK. “(a) In General.— To carry out the purposes of this Act, the Secretary of the Interior (referred to in this Act as the ‘Secretary’) is authorized to acquire, by purchase from a willing seller with donated or appropriated funds, by donation, or by exchange, land or an interest in land within the boundaries as generally depicted on the map entitled ‘Boundary Map, Harpers Ferry National Historical Park’, numbered 385–80,021A, and dated April 1979. “(b) Bradley and Ruth Nash Addition.— The Secretary is authorized to acquire, by donation only, approximately 27 acres of land or interests in land that are outside the boundary of the Harpers Ferry National Historical Park and generally depicted on the map entitled ‘Proposed Bradley and Ruth Nash Addition—Harpers Ferry National Historical Park’, numbered 385–80056, and dated April 1, 1989. “(c) Boundary Expansion.— “(1) In general.— The Secretary is authorized to acquire, by purchase from a willing seller with donated or appropriated funds, by donation, or by exchange, land or an interest in land within the area depicted as ‘Private Lands’ on the map entitled ‘Harpers Ferry National Historical Park Proposed Boundary Expansion’, numbered 385/80,126, and dated July 14, 2003. “(2) Administration.— The Secretary shall— “(A) transfer to the National Park Service for inclusion in the Harpers Ferry National Historical Park (referred to in this Act as the ‘Park’) the land depicted on the map referred to in paragraph (1) as ‘U.S. Fish and Wildlife Service Lands’ and revise the boundary of the Park accordingly; and “(B) revise the boundary of the Park to include the land depicted on the map referred to in paragraph (1) as ‘Appalachian NST’ and exclude that land from the boundary of the Appalachian National Scenic Trail. “(d) Maximum Number of Acres.— The number of acres of the Park shall not exceed 3,745. “(e) Maps.— The maps referred to in this section shall be on file and available for public inspection in the appropriate offices of the National Park Service. “(f) Acquired Land.— Land or an interest in land acquired under this section shall become a part of the Park, subject to the laws (including regulations) applicable to the Park. “(g) Authorization of Appropriations.— There are authorized to be appropriated such sums as are necessary to carry out this section.” .
9 of 9 references resolved to an enrolled provision
Editorial Notes
Amendments1974–2004 · 5 rounds
2004
Pub. L. 108–307 inserted section catchline and amended text generally. Prior to amendment, section authorized the Secretary of the Interior to acquire certain lands for the Harpers Ferry National Historical Park.
1994
Pub. L. 103–437 substituted “Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives” for “Committees on Interior and Insular Affairs of the Congress of the United States”.
1989
Pub. L. 101–109 substituted “two thousand five hundred and five acres” for “two thousand four hundred and seventy-five acres” in first sentence and inserted after first sentence “The Secretary is authorized to acquire, by donation only, approximately twenty-seven acres of land or interests therein which are outside the boundary of the Harpers Ferry National Historical Park and generally depicted on a map entitled ‘Proposed Bradley and Ruth Nash Addition—Harpers Ferry National Historical Park,’ dated and numbered 385–80056. Such map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia. When acquired, such lands or interests therein shall become a part of the park, subject to the laws and regulations applicable thereto.”
1980
Pub. L. 96–199 substituted “ ‘Boundary Map, Harpers Ferry National Historical Park’, numbered 385–80,021A and dated April 1979” for “ ‘Boundary Map, Harpers Ferry National Historical Park’, numbered 385–40,000D and dated April 1974” and “two thousand four hundred and seventy-five acres” for “two thousand acres”.
1974
Pub. L. 93–466 inserted reference to updated map, prohibited the Secretary from exercising any power of condemnation on lands in which a less than fee interest has been previously acquired, authorized the acquisition of land with appropriated funds and by exchange, authorized an increase in total area from 1500 to 2000 acres, and authorized the Secretary to make minor boundary changes by publication of a revised description in the Federal Register, after advising the Committees on Interior and Insular Affairs.
Statutory Notes and Related Subsidiaries
Short Title of 2004 Amendment
Pub. L. 108–307, § 1, , 118 Stat. 1133, provided that: “This Act [amending this section and sections 450bb–1 and 450bb–2 of this title] may be cited as the ‘Harpers Ferry National Historical Park Boundary Revision Act of 2004’.”
Acquisition of Clear and Marketable Title to Additional Park Lands
Pub. L. 101–109, § 1(b), , 103 Stat. 681, provided that: “Nothing in this Act [amending this section] shall be deemed to prohibit the Secretary from using such measures as may be necessary to acquire a clear and marketable title, free of any and all encumbrances, to the lands identified for acquisition in paragraph (a)(2) of this Act.”
Authorization of Appropriations
Act June 30, 1944, ch. 328, § 4, 58 Stat. 646, as amended by Pub. L. 93–466, § 1(3), , 88 Stat. 1420; Pub. L. 95–625, title I, § 101(14), , 92 Stat. 3471; Pub. L. 96–199, title I, § 108(2), , 94 Stat. 69, provided that: “In addition to such sums as have heretofore been appropriated, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this act [sections 450bb to 450bb–2 of this title], but not more than $1,600,000 for the acquisition of lands and interests in lands, and not more than $12,385,000 for development.”
Credits
1944–2004 · 6 acts
- 1944June 30, 1944, ch. 328, § 1, 58 Stat. 645
- 1974Pub. L. 93–466, § 1(1), , 88 Stat. 1420
- 1980Pub. L. 96–199, title I, § 108(1), , 94 Stat. 69
- 1989Pub. L. 101–109, § 1(a), , 103 Stat. 681
- 1994Pub. L. 103–437, § 6(h)(2), , 108 Stat. 4585
- 2004Pub. L. 108–307, § 2, , 118 Stat. 1133.
Show as published
(June 30, 1944, ch. 328, § 1, 58 Stat. 645; Pub. L. 93–466, § 1(1), , 88 Stat. 1420; Pub. L. 96–199, title I, § 108(1), , 94 Stat. 69; Pub. L. 101–109, § 1(a), , 103 Stat. 681; Pub. L. 103–437, § 6(h)(2), , 108 Stat. 4585; Pub. L. 108–307, § 2, , 118 Stat. 1133.)