Page 267 TITLE 16—CONSERVATION § 410z

$17,000,000 (1970 prices) for development, plus or executed, he may establish the National minus such amounts, if any, as may be justified Historical Park by publication of notice to that by reason of ordinary fluctuations in construc- effect in the Federal Register, together with a tion costs as indicated by engineering cost indi- detailed description or map setting forth the ces applicable to the types of construction in- properties included therein. volved herein. (d) Charlestown Navy Yard (Pub. L. 91–664, § 8, Jan. 8, 1971, 84 Stat. 1980; Pub. As used in this section, the Charlestown Navy L. 95–625, title III, § 320, Nov. 10, 1978, 92 Stat. Yard shall include the United States Ship Con- 3488.) stitution and the lands generally depicted on the map entitled ‘‘Boundary Map: Charlestown AMENDMENTS Naval —U.S.S. Constitution, Boston 1978—Subsec. (b). Pub. L. 95–625 substituted National Historical Park’’, numbered BONA ‘‘$28,400,000’’ for ‘‘$20,400,000’’. 20,000 and dated March 1974 which shall be on file SUBCHAPTER LVII—BOSTON NATIONAL and available in the offices of the Director of the HISTORICAL PARK , Department of the Inte- rior, Washington, D.C. As used in this section, § 410z. Establishment the Charlestown Navy Yard shall also include the properties known as the Ropewalk and Tar (a) Acquisition of properties by donation or with House and the Chain Forge and Round House, donated funds designated on such map as buildings numbered In order to preserve for the benefit and inspi- 58, 60, and 105. All right, title, and interest in ration of the people of the United States as a na- the Federal properties and improvements in- tional historical park certain historic structures cluded therein shall be transferred to the Sec- and properties of outstanding national signifi- retary of the Interior: Provided, That he may, by cance located in Boston, Massachusetts, and as- written agreement with the Secretary of the sociated with the American Revolution and the Navy, permit the continued use of any such founding and growth of the United States, the buildings and facilities as the Secretary of the Secretary of the Interior (hereinafter referred to Interior determines to be necessary for the pres- as the ‘‘Secretary’’) may, in accordance with the ervation and maintenance of the Constitution, provisions of this subchapter, acquire by dona- which agreement shall provide that the Depart- tion or by purchase with donated funds, all lands ment of the Navy shall transfer to the Depart- and improvements thereon or interests therein ment of the Interior funds sufficient to cover comprising the following described areas: the costs attributable to the functions and serv- (1) , located at Dock Square, ices which are provided by the Department of Boston; the Interior. The Secretary shall consult with (2) , 19 North Square, Bos- representatives of the city of Boston and the ton; Commonwealth of Massachusetts concerning the (3) The area identified as the Old North development of suitable transportation plans Church area, 193 Salem Street, Boston; consistent with the purposes for which the Navy (4) The Old State House, Washington and Yard was included in the historical park and the State Streets, Boston; Secretary is authorized to grant, in accordance (5) Bunker Hill, Breeds Hill, Boston; with such terms and conditions as he deems nec- (6) Old South Meeting House, Milk and essary and consistent with the purposes of this Washington Streets, Boston; subchapter, easements and rights-of-way to the (7) Charlestown Navy Yard; and Commonwealth of Massachusetts or any politi- (8) Dorchester Heights, Boston. cal subdivision thereof including the Boston Re- (b) Acquisition of properties with appropriated development Authority for purposes of the ve- funds hicular, pedestrian and utility access to that portion of the Boston Navy Yard outside the In the event that the properties described in boundaries of the Park. Such grants of ease- this section are not donated to the United ments and rights-of-way shall be upon the ex- States or purchased with donated funds, they press condition that the grantee convey to the may be acquired by the Secretary with appro- United States the property known as Building priated funds: Provided, That, except for pri- No. 107, being a part of the Boston Navy Yard vately held lands within the Charlestown Navy and owned by the Boston Redevelopment Au- Yard as described in subsection (d) of this sec- thority. tion, the Secretary shall not acquire any such properties by eminent domain so long as he de- (Pub. L. 93–431, § 2, Oct. 1, 1974, 88 Stat. 1184; Pub. termines that a binding, written cooperative L. 95–625, title III, § 310(a), (d), Nov. 10, 1978, 92 agreement, assuring the preservation and his- Stat. 3478; Pub. L. 96–344, § 5, Sept. 8, 1980, 94 torical integrity of such properties remains in Stat. 1134.) force and effect. Lands owned by the Common- AMENDMENTS wealth of Massachusetts, or any of its political subdivisions, may be acquired only by donation. 1980—Subsec. (d). Pub. L. 96–344 inserted provision in- cluding within the Charlestown Navy Yard properties (c) Publication of notice known as the Ropewalk and Tar House and the Chain At such time as the Secretary determines that Forge and Round House, designated as buildings num- bered 58, 60, and 105. sufficient lands, improvements, and interests 1978—Subsec. (a)(8). Pub. L. 95–625, § 310(a), added par. therein have been acquired or that cooperative (8). agreements satisfying the preservation and his- Subsec. (d). Pub. L. 95–625, § 310(d), authorized grant of torical objective of this subchapter have been easements and rights-of-way for vehicular, pedestrian § 410z–1 TITLE 16—CONSERVATION Page 268 and utility access to the Boston Navy Yard outside the the restoration, preservation, and maintenance boundaries of the Boston National Historical Park of such historic properties. upon express condition that the grantee convey to the (2) The Secretary of the Interior is authorized United States the part of the Boston Navy Yard owned to enter into a cooperative agreement with the by the Boston Redevelopment Authority. to provide for the dis- SHORT TITLE tribution of informational and interpretive ma- Pub. L. 93–431, § 1, Oct. 1, 1974, 88 Stat. 1184, provided: terials relating to the park and to the Freedom ‘‘That this Act [enacting this subchapter] may be cited Trail. as the ‘Boston National Historical Park Act of 1974’.’’ (c) Identification and marking of significant his- torical sites AUTHORIZATION OF APPROPRIATIONS The Secretary may identify other significant Pub. L. 95–625, title III, § 310(c), Nov. 10, 1978, 92 Stat. 3478, provided that: ‘‘There are authorized to be appro- sites of the colonial and Revolutionary periods priated such sums as may be necessary for the acquisi- of American history in the city of Boston, Mas- tion of lands or interests in lands designated by sub- sachusetts, and its environs, which are related section (a) of this section [enacting subsec. (a)(8) of this to the historical park created by this sub- section] as a component of the Boston National Histori- chapter, and, with the consent of the owner or cal Park, and for the development of such component.’’ owners thereof, may mark them appropriately and make reference to them in any interpretive § 410z–1. Acquisition of additional sites literature. (a) Studies (Pub. L. 93–431, § 3, Oct. 1, 1974, 88 Stat. 1185; Pub. In addition to the properties described in sec- L. 95–625, title III, § 310(b), Nov. 10, 1978, 92 Stat. tion 410z of this title, the Secretary shall study 3478; Pub. L. 104–333, div. I, title V, § 504, Nov. 12, the properties described in this section to deter- 1996, 110 Stat. 4155.) mine the feasibility and suitability of including AMENDMENTS them within the Boston National Historical Park. In making such studies, he may enter into 1996—Subsec. (b). Pub. L. 104–333 designated existing tentative agreements with any owners thereof provisions as par. (1) and added par. (2). for their inclusion in said park and he may enter 1978—Subsec. (a)(4), (5). Pub. L. 95–625 struck out par. ‘‘(4) Dorchester Heights; and’’ and redesignated par. (5) into options, for a nominal consideration, for as (4). the purchase of such properties, but no addi- tional properties may be added to the park ex- § 410z–2. Boston National Historical Park Advi- cept by an act of the Congress. Studies shall be sory Commission made of the following properties: (a) Establishment; membership (1) ; (2) Dillaway-Thomas House; There is established a Boston National Histor- (3) Thomas Crease House (old Corner Book ical Park Advisory Commission (hereinafter re- Store); and ferred to as the ‘‘Commission’’) which shall be (4) the following burying grounds: King’s composed of members appointed by the Sec- Chapel, Granary, and Copp’s Hill. retary as follows: (1) Three members appointed from recom- (b) Cooperative agreements authorized mendations submitted by the Governor of (1) In furtherance of the general purposes of Massachusetts; this subchapter as prescribed in section 410z of (2) Three members appointed from recom- this title, the Secretary is authorized to enter mendations submitted by the mayor of the into cooperative agreements with the city of city of Boston; and Boston, the Commonwealth of Massachusetts, or (3) One member to represent each owner any private organization to mark, interpret, re- with which the Secretary has concluded a co- store, and/or provide technical assistance for the operative agreement pursuant to section 410z–1 preservation and interpretation of any prop- of this title, to be appointed from recom- erties listed in section 410z of this title, or por- mendations submitted by each such owner. tions thereof, which, in his opinion, would best (b) Termination of Commission be preserved in private, municipal, or State The Commission shall terminate ten years ownership, in connection with the Boston Na- from the date of establishment of the Boston tional Historical Park. Such agreements shall National Historical Park. contain, but shall not be limited to, provisions that the Secretary, through the National Park (c) Vacancies; chairman Service, shall have right of access at all reason- A vacancy in the Commission shall not affect able times to all public portions of the property its powers, but shall be filled in the same man- covered by such agreement for the purpose of ner as the original appointment (and for the bal- conducting visitors through such properties and ance of the unexpired term). The Chairman of interpreting them to the public, that no changes the Commission shall be designated by the Sec- or alterations shall be made in such properties retary. except by mutual agreement between the Sec- (d) Majority rule retary and the other parties to such agreements, The Commission shall act and advise by af- except that no limitation or control of any kind firmative vote of a majority of its members. over the use of any such properties customarily used for church purposes shall be imposed by (e) Consultation between Secretary and Commis- any agreement. The agreements may contain sion specific provisions which outline in detail the The Secretary or his designee shall from time extent of the participation by the Secretary in to time, but at least semiannually, consult with