John Day Fossil Beds NM: Enabling Legislation

ENABLING LEGISLATION

Legislation
P.L. 93-486, October 26, 1974
P.L. 95-625, November 10, 1978

Public Law 93-486
93rd Congress, H. R. 13157
October 26, 1974

An Act

To provide for the establishment of the Clara Barton National Historic Site, Maryland ; John Day Fossil Beds National Monument, Oregon ; Knife River Indian Villages National Historic Site, North Dakota ; Springfield Armory National Historic Site, Massachusetts ; Tuskegee Institute National Historic Site, Alabama ; Martin Van Buren National Hisioric Site, New York ; and Sewall-Belmont House National Historic Site, Washington, District of Columbia ; and for other purposes. 88 STAT. 1461

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I Historic sites and national monument. Establishment.

Sec. 101. (a) Unless otherwise provided hereafter, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to acquire by purchase with donated or appropriated funds, donation, exchange, or by transfer from another Federal agency such lands and interests in lands as hereafter provided for establishment as units of the national park system as follows: Land acquisition.

(1) for establishment as the Clara Barton National Historic Site, Maryland, those lands depicted on the map entitled "Boundary Map, Clara Barton National Historic Site, Maryland", numbered NHS-CLBA 90,001 and dated February 1974, which shall include the land and improvements occupied by Cl ara Barton, founder of the American Red Cross located at 5801 Oxford Road, Glen Echo, Maryland : Provided, That the above-mentioned land and improvements may be acquired only by donation : And pro provided further, That the donation of any privately owned lands within the historic site may not be accepted unless and until the property is vacant;
Clara Barton National Historic Site, Md.
16 USC 461 note.

(2) for establishment as the John Day Fossil Beds National Monument, Oregon, those lands depicted on the map entitled "Boundary Map, John Day Fossil Beds National Monument", numbered NM-JDFB-20,014-A and dated June 1971: Provided, That the national monument shall not be established unless and until the State of Oregon donates or agrees to donate the Thomas Condon-John Day Fossil Beds, Clarno, and Painted Hills State Parks : Provided further, That the Secretary shall not acquire a fee title interest to more thian one thousand acres of privately owned lands except by donation or exchanige : Provided further, That the Secretary shall designate the principal visitor center as the "Thomas Condon Visitor Center";

John Day Fossil Beds National Monument, Oreg.
16 USC 431 note.

Thomas Condon Visitor Center, designation.

(3) for establishment as the Knife River Indian Villages National Historic Site, North Dakota, those lands depicted on the map entitled "Boundary Map, Knife River Indian Villages National Historic Site, North Dakota", numbered 468-20,012 and dated July 1970;
Knife River Indian Villages National Historic Site, N. Dak.
16 USC 461 note.

(4) for establishment as the Springfield Armory National Historic Site, Massachusetts, those lands depicted on the map entitled "Boundary Map, Springfield Armory National Historic Site, Massachusetts", numbered NHS-SPAR-91,003 and dated January 1974, the oldest manufacturing arsenal in the United States: Provided, That the historic site shall not be established unless an agreement is executed which will assure the historical integrity of the site and until such lands as are needed for the historic site are donated for this purpose;
Springfield Armory National Historic Site, Mass.
16 USC 461 note.

88 STAT. 1462

(5) for establishment as the Tuskegee Institute National Historic Site, Alabamba, those lands depicted on the map entitled "Boundary Map, Tuskegee Institute National Historic Site, Alabama", numbered NHS-TI 20,000-C and dated September 1973, which shall include the home of Booker T. Washington, the Carver Museum, and an antebellum property adjacent to the campus of Tuskegee Institute, known as Grey Columns ; and
Tuskegee Institute National Historic Site, Ala.
16 USC 461 note.

(6) for establishment as the Martin Van Buren National Historic Site, New York, those lands depicted on the map entitled "Boundary Map, Martin Van Buren National Historic Site, New York", numbered NHS-MAVA-91,001 and dated January 1974, which shall include the home of Martin Van Buren, eighth President of the United States.
Martin Van Buren National Historic Site, N.Y.
16 USC 461 note.

(b) The Secretary may also acquire personal property associated with the areas referred to in subsection (a) of this section. Lands and interests therein owned by a State or any political subdivision thereof which are acquired for the purposes of subsection (a) of this section may be acquired only by donation. Personal property, acquisition.

Sec. 102. ( a ) When the Secretary determines that an adequate interest in lands has been acquired to constitute an administrable unit for each of the areas described in section 1 of this Act, he may, after notifying the Committees on Interior and Insular Affairs of the United States Congress of his intention to do so at least fourteen days in advance, declare the establishment of such unit by publication of a notice to that effect in the Federal Register. Such notice shall contain a map or other description of the boundaries of the unit, together with an explanation of the interests acquired and the costs incident thereto. The Secretary may refrain from acquiring property for establishment of any unit authorized by this Act where, in his judgunient, satisfactory agreements or donations with respect to properties which are needed for the protection and administration of a particular unit have not been consummated with the owners of such properties.
Notice to congressional committees.

Publication in Federal Register.

(b) Pending the establishment of each unit and, thereafter, the Secretary shall administer the property acquired pursuant to this Act in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and, to the extent applicable, the provisions of the Act of August 21, 1935 (49 Stat. 666), as amended.
Administration.

16 USC 1.
16 USC 461.

Sec. 103. Notwithstanding any other provision of law, the Secretary is authorized to construct roads on real property in non-Federal ownership within the boundaries of the Tuskegee Institute National Historic Site. Any roads so constructed shall be controlled and maintained by the owners of the real property. Tuskegee National Historic Site, road construction.

Sec. 104. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, not to exceed, however, the following: Appropriation.

(a) Clara Barton National Historic Site, $812,000 for acquisition of lands and interests in lands and for development ;

(b) John Day Fossil Beds National Monument, $400,000 for the acquisition of lands and interests in lands and $4,435,200 for development ;

(c) Knife River Indian Villages National Historic Site, $600,000 for the acquisition of hands and interests in lands and $2,268,000 for development ;

(d) Springfield Armory National Historic Site, $5,300,000 for development;

(e) Tuskegee Institute National Historic Site, $185,000 for the acquisition of lands and interests in lands and $2,722,000 for development; and

(f) Martin Van Buren National Historic Site, $213,000 for acquisition of lands and interests in lands and $2,737,000 for development.

TITLE II 88 STAT. 1463

Sec. 201. In order to preserve for the benefit and inspiration of the people pIe of the United States as a national historic site, the Sewall-Belmont House within the District of Columbia, the Secretary of the Interior is authorized to enter into a cooperative agreement to assist in the preservation and interpretation of such house. Sewall-Belmont House National Historic Site, D.C.

Sec. 202. The property subject to cooperative agreemeuit pursuant to section 101 of this Act is hereby designated as the "Sewall-Belmont House National Historic Site". 16 USC 461 note.

Sec. 203. The cooperative agreement shall contain, but shall not be limited to, provisions that the Secretary, through the National Park Service, shall have right of access at all reasonable times to all public portions of the property covered by such agreement for the purpose of conducting visitors through such property and interpreting it to the public, that no changes or alterations shall be made in such property except by mutual agreement between the Secretary and the other parties to such agreement. The agreement may contain specific provisions which outline in detail the extent of the participation by the Secretary in the restoration, preservation, and maintenance of the historic site. Cooperative agreement.

Sec. 204. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, but not to exceed $500,000. Appropriation.

Approved October 26, 1974.

LEGISLATIVE HISTORY:
HOUSE REPORT No. 93-1285 (Comm. on Interior and Insular Affairs)
SENATE REPORT No. 93-1233 (Comm. on Interior and Insular Affairs)
CONGRESSIONAL RECORD, Vol.120 (1974):

Aug. 19, considered and passed House.
Oct. 8, considered and passed Senate, amended.
Oct. 16, House concurred in Senate amendments.

Excerpted from
Public Law 95-625
November 10, 1978

(11) John Day Fossil Beds National Monument, Oregon : To add approximately one thousand four hundred and eleven acres, and to delete approximately one thousand six hundred and twenty acres as generally depicted on the map entitled "Boundary Map, John Day Fossil Beds National Monument, Oregon", numbered 177-30,000-B, and dated May 1978: $3,500,000. The Act of Oetober 26, 1974 (88 Stat. 1461), which designates the John Day Fossil Beds National Monument is amended by deleting the second proviso of section l01(a) (2). Furthermore, not withstanding any other provision of law to the contrary, the Secretary may, if he determines that to do so will not have a substantial adverse effect on the preservation of the fossil and other resources within the remainder of the monument, convey approximately sixty acres acquired by the United States for purposes of the monument in exchange for non-Federal lands within the boundaries of the monument, and, effective upon such conveyance, the boundaries of the monument are hereby revised to exclude the lands conveyed.
92 STAT. 3474

Land conveyance.

http://www.nps.gov/joda/legislation.htm
Last Updated: 7/06

To provide for the establishment of the Clara Barton National Historic Site, Maryland ; John Day Fossil Beds National Monument, Oregon ; Knife River Indian Villages National Historic Site, North Dakota ; Springfield Armory National Historic Site, Massachusetts ; Tuskegee Institute National Historic Site, Alabama ; Martin Van Buren National Hisioric Site, New York ; and Sewall-Belmont House National Historic Site, Washington, District of Columbia ; and for other purposes.	88 STAT. 1461
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I	Historic sites and national monument. Establishment.
Sec. 101. (a) Unless otherwise provided hereafter, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to acquire by purchase with donated or appropriated funds, donation, exchange, or by transfer from another Federal agency such lands and interests in lands as hereafter provided for establishment as units of the national park system as follows:	Land acquisition.
(1) for establishment as the Clara Barton National Historic Site, Maryland, those lands depicted on the map entitled "Boundary Map, Clara Barton National Historic Site, Maryland", numbered NHS-CLBA 90,001 and dated February 1974, which shall include the land and improvements occupied by Cl ara Barton, founder of the American Red Cross located at 5801 Oxford Road, Glen Echo, Maryland : Provided, That the above-mentioned land and improvements may be acquired only by donation : And pro provided further, That the donation of any privately owned lands within the historic site may not be accepted unless and until the property is vacant;	Clara Barton National Historic Site, Md. 16 USC 461 note.
(2) for establishment as the John Day Fossil Beds National Monument, Oregon, those lands depicted on the map entitled "Boundary Map, John Day Fossil Beds National Monument", numbered NM-JDFB-20,014-A and dated June 1971: Provided, That the national monument shall not be established unless and until the State of Oregon donates or agrees to donate the Thomas Condon-John Day Fossil Beds, Clarno, and Painted Hills State Parks : Provided further, That the Secretary shall not acquire a fee title interest to more thian one thousand acres of privately owned lands except by donation or exchanige : Provided further, That the Secretary shall designate the principal visitor center as the "Thomas Condon Visitor Center";	John Day Fossil Beds National Monument, Oreg. 16 USC 431 note. Thomas Condon Visitor Center, designation.
(3) for establishment as the Knife River Indian Villages National Historic Site, North Dakota, those lands depicted on the map entitled "Boundary Map, Knife River Indian Villages National Historic Site, North Dakota", numbered 468-20,012 and dated July 1970;	Knife River Indian Villages National Historic Site, N. Dak. 16 USC 461 note.
(4) for establishment as the Springfield Armory National Historic Site, Massachusetts, those lands depicted on the map entitled "Boundary Map, Springfield Armory National Historic Site, Massachusetts", numbered NHS-SPAR-91,003 and dated January 1974, the oldest manufacturing arsenal in the United States: Provided, That the historic site shall not be established unless an agreement is executed which will assure the historical integrity of the site and until such lands as are needed for the historic site are donated for this purpose;	Springfield Armory National Historic Site, Mass. 16 USC 461 note.
	88 STAT. 1462
(5) for establishment as the Tuskegee Institute National Historic Site, Alabamba, those lands depicted on the map entitled "Boundary Map, Tuskegee Institute National Historic Site, Alabama", numbered NHS-TI 20,000-C and dated September 1973, which shall include the home of Booker T. Washington, the Carver Museum, and an antebellum property adjacent to the campus of Tuskegee Institute, known as Grey Columns ; and	Tuskegee Institute National Historic Site, Ala. 16 USC 461 note.
(6) for establishment as the Martin Van Buren National Historic Site, New York, those lands depicted on the map entitled "Boundary Map, Martin Van Buren National Historic Site, New York", numbered NHS-MAVA-91,001 and dated January 1974, which shall include the home of Martin Van Buren, eighth President of the United States.	Martin Van Buren National Historic Site, N.Y. 16 USC 461 note.
(b) The Secretary may also acquire personal property associated with the areas referred to in subsection (a) of this section. Lands and interests therein owned by a State or any political subdivision thereof which are acquired for the purposes of subsection (a) of this section may be acquired only by donation.	Personal property, acquisition.
Sec. 102. ( a ) When the Secretary determines that an adequate interest in lands has been acquired to constitute an administrable unit for each of the areas described in section 1 of this Act, he may, after notifying the Committees on Interior and Insular Affairs of the United States Congress of his intention to do so at least fourteen days in advance, declare the establishment of such unit by publication of a notice to that effect in the Federal Register. Such notice shall contain a map or other description of the boundaries of the unit, together with an explanation of the interests acquired and the costs incident thereto. The Secretary may refrain from acquiring property for establishment of any unit authorized by this Act where, in his judgunient, satisfactory agreements or donations with respect to properties which are needed for the protection and administration of a particular unit have not been consummated with the owners of such properties.	Notice to congressional committees. Publication in Federal Register.
(b) Pending the establishment of each unit and, thereafter, the Secretary shall administer the property acquired pursuant to this Act in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and, to the extent applicable, the provisions of the Act of August 21, 1935 (49 Stat. 666), as amended.	Administration. 16 USC 1. 16 USC 461.
Sec. 103. Notwithstanding any other provision of law, the Secretary is authorized to construct roads on real property in non-Federal ownership within the boundaries of the Tuskegee Institute National Historic Site. Any roads so constructed shall be controlled and maintained by the owners of the real property.	Tuskegee National Historic Site, road construction.
Sec. 104. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, not to exceed, however, the following:	Appropriation.
(a) Clara Barton National Historic Site, $812,000 for acquisition of lands and interests in lands and for development ; (b) John Day Fossil Beds National Monument, $400,000 for the acquisition of lands and interests in lands and $4,435,200 for development ; (c) Knife River Indian Villages National Historic Site, $600,000 for the acquisition of hands and interests in lands and $2,268,000 for development ; (d) Springfield Armory National Historic Site, $5,300,000 for development; (e) Tuskegee Institute National Historic Site, $185,000 for the acquisition of lands and interests in lands and $2,722,000 for development; and (f) Martin Van Buren National Historic Site, $213,000 for acquisition of lands and interests in lands and $2,737,000 for development.

TITLE II	88 STAT. 1463
Sec. 201. In order to preserve for the benefit and inspiration of the people pIe of the United States as a national historic site, the Sewall-Belmont House within the District of Columbia, the Secretary of the Interior is authorized to enter into a cooperative agreement to assist in the preservation and interpretation of such house.	Sewall-Belmont House National Historic Site, D.C.
Sec. 202. The property subject to cooperative agreemeuit pursuant to section 101 of this Act is hereby designated as the "Sewall-Belmont House National Historic Site".	16 USC 461 note.
Sec. 203. The cooperative agreement shall contain, but shall not be limited to, provisions that the Secretary, through the National Park Service, shall have right of access at all reasonable times to all public portions of the property covered by such agreement for the purpose of conducting visitors through such property and interpreting it to the public, that no changes or alterations shall be made in such property except by mutual agreement between the Secretary and the other parties to such agreement. The agreement may contain specific provisions which outline in detail the extent of the participation by the Secretary in the restoration, preservation, and maintenance of the historic site.	Cooperative agreement.
Sec. 204. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, but not to exceed $500,000.	Appropriation.