§ 410bb. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410bb]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX--KLONDIKE GOLD RUSH NATIONAL HISTORICAL PARK
Sec. 410bb. Establishment
(a) Composition and boundaries; relocation of Seattle unit
In order to preserve in public ownership for the benefit and
inspiration of the people of the United States, historic structures and
trails associated with the Klondike Gold Rush of 1898, the Secretary of
the Interior (hereinafter referred to as the ``Secretary'') is
authorized to establish the Klondike Gold Rush National Historical Park
(hereinafter referred to as the ``park''), consisting of a Seattle unit,
a Skagway unit, a Chilkoot Trail unit, and a White Pass Trail unit. The
boundaries of the Skagway unit, the Chilkoot Trail unit, and the White
Pass Trail unit shall be as generally depicted on a drawing consisting
of two sheets entitled ``Boundary Map, Klondike Gold Rush National
Historical Park'', numbered 20,013-B and dated May, 1973, which shall be
on file and available for public inspection in the offices of the
National Park Service, Department of the Interior. Within the Pioneer
Square Historic District in Seattle as depicted on a drawing entitled
``Pioneer Square Historic District'', numbered 20,010-B and dated May
19, 1973, which shall also be on file and available as aforesaid, the
Secretary may select a suitable site for the Seattle unit and publish a
description of the site in the Federal Register. The Secretary may
relocate the site of the Seattle unit by publication of a new
description in the Federal Register, and any property acquired for
purposes of the unit prior to such relocation shall be subject to
disposal in accordance with the Federal surplus property laws: Provided,
That the Seattle unit shall be within the Pioneer Square Historic
District. After advising the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the House of
Representatives, in writing, the Secretary may revise the boundaries of
the park from time to time, by publication of a revised map or other
boundary description in the Federal Register, but the total area of the
park may not exceed thirteen thousand three hundred acres.
(b) Acquisition of land; administrative site
(1) The Secretary may acquire lands, waters, and interests therein
within the park by donation, purchase, lease, exchange, or transfer from
another Federal agency. Lands or interests in lands owned by the State
of Alaska or any political subdivision thereof may be acquired only by
donation or exchange, and notwithstanding the provisions of subsection
6(i) of the Act of July 7, 1958 (72 Stat. 339, 342), commonly known as
the Alaska Statehood Act, the State may include the minerals in any such
transaction. Lands under the jurisdiction of any Federal agency may,
with the concurrence of such agency, be transferred without
consideration to the Secretary for the purposes of the park.
(2) The Secretary is authorized to acquire outside the boundaries of
the park, by any of the above methods, not to exceed fifteen acres of
land or interests therein located in, or in the vicinity of, the city of
Skagway, Alaska, for an administrative site; and to acquire by any of
the above methods, up to ten historic structures or interests in such
structures located in the city of Skagway but outside the Skagway unit
for relocation within such unit as the Secretary deems essential for
adequate preservation and interpretation of the park.
(c) Easements; rights-of-way; permits
All lands acquired pursuant to this subchapter shall be taken by the
Secretary subject to all valid existing rights granted by the United
States for railroad, telephone, telegraph, and pipeline purposes. The
Secretary is authorized to grant rights-of-way, easements, permits, and
other benefits in, through and upon all lands acquired for the White
Pass Trail unit for pipeline purposes, pursuant to the Acts of February
25, 1920 (41 Stat. 449), August 21, 1935 (49 Stat. 678), and August 12,
1953 (67 Stat. 557), and for railroad purposes pursuant to the Act of
May 14, 1898 (30 Stat. 409): Provided, That significant adverse impacts
to park resources will not result.
(d) Right-of-way for Alaskan highway across Chilkoot Trail
The Secretary is authorized to grant to the State of Alaska a
highway right-of-way across lands in the Chilkoot Trail unit, in the
area of Dyea, for the purpose of linking the communities of Haines and
Skagway by road if he finds that (1) there is no feasible and prudent
alternative to the use of such lands, (2) the road proposal includes all
possible planning to minimize harm to the park resulting from such road
use, and (3) to grant such right-of-way will not have significant
adverse effects on the historical and archeological resources of the
park and its administration, protection, and management in accordance
with the purposes of this subchapter.
(Pub. L. 94-323, Sec. 1, June 30, 1976, 90 Stat. 717; Pub. L. 96-487,
title XIII, Sec. 1309, Dec. 2, 1980, 94 Stat. 2481; Pub. L. 103-437,
Sec. 6(h)(1), Nov. 2, 1994, 108 Stat. 4585.)
References in Text
For Federal surplus property laws, referred to in subsec. (a), see,
generally, subtitle I of Title 40, Public Buildings, Property, and
Works.
Subsection 6(i) of the act of July 7, 1958, commonly known as the
Alaska Statehood Act, referred to in subsec. (b)(1), probably means
subsection (i) of section 6 of Pub. L. 85-508, July 7, 1958, 72 Stat.
339, as amended, which is set out as a note preceding section 21 of
Title 48, Territories and Insular Possessions.
That portion of the act of February 25, 1920, which is set out at 41
Stat. 449, as referred to in subsec. (c), is classified to sections 185
to 187 of Title 30, Mineral Lands and Mining. For complete
classification of the Act to the Code, see Tables.
That portion of the act of August 21, 1935, which is set out at 49
Stat. 678, as referred to in subsec. (c), is classified to section 185
of Title 30. For complete classification of the Act to the Code, see
Tables.
That portion of the act of August 12, 1953, which is set out at 67
Stat. 557, as referred to in subsec. (c), is classified to section 185
of Title 30.
That portion of the act of May 14, 1898, which is set out as 30
Stat. 409, as referred to in subsec. (c), is classified to sections 270
and 942-1 of Title 43, Public Lands. For complete classification of the
Act to the Code, see Tables.
Amendments
1994--Subsec. (a). 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''.
1980--Subsec. (b)(1). Pub. L. 96-487 inserted ``or exchange and
notwithstanding the provisions of subsection 6(i) of the Act of July 7,
1958, (72 Stat. 339, 342), commonly known as the Alaska Statehood Act,
the State may include the minerals in any such transaction'' after
``only by donation''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
