2011 US Code
Title 16 - Conservation
Chapter 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES (§§ 1 - 460zzz-7)
Subchapter LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS (§§ 431 - 450ss-7)
Section 450bb - Harpers Ferry National Historical Park

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.

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.

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.

The Secretary shall—

(A) 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

(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.

The number of acres of the Park shall not exceed 3,745.

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.

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.

There are authorized to be appropriated such sums as are necessary to carry out this section.

(June 30, 1944, ch. 328, §1, 58 Stat. 645; Pub. L. 93–466, §1(1), Oct. 24, 1974, 88 Stat. 1420; Pub. L. 96–199, title I, §108(1), Mar. 5, 1980, 94 Stat. 69; Pub. L. 101–109, §1(a), Oct. 6, 1989, 103 Stat. 681; Pub. L. 103–437, §6(h)(2), Nov. 2, 1994, 108 Stat. 4585; Pub. L. 108–307, §2, Sept. 24, 2004, 118 Stat. 1133.)

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 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.”

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.

Pub. L. 108–307, §1, Sept. 24, 2004, 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’.”

Section 1(b) of Pub. L. 101–109 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.”

Section 4 of act June 30, 1944, as amended by Pub. L. 93–466, §1(3), Oct. 24, 1974, 88 Stat. 1420; Pub. L. 95–625, title I, §101(14), Nov. 10, 1978, 92 Stat. 3471; Pub. L. 96–199, title I, §108(2), Mar. 5, 1980, 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.”