§ 410dd. — 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: 16USC410dd]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-B--WAR IN THE PACIFIC NATIONAL HISTORICAL PARK
Sec. 410dd. Establishment
(a) Statement of purposes
In order to commemorate the bravery and sacrifice of those
participating in the campaigns of the Pacific theater of World War II
and to conserve and interpret outstanding natural, scenic, and historic
values and objects on the island of Guam for the benefit and enjoyment
of present and future generations, the War in the Pacific National
Historical Park (hereinafter in this section referred to as the
``park'') is hereby established.
(b) Boundaries; revisions of boundary; publication in Federal Register
The boundaries of the park shall be as generally depicted on the
drawing entitled ``Boundary Map, War in the Pacific National Historical
Park, Guam'' numbered P-24-80,000-B and dated March 1978, which shall be
on file and available for inspection in the offices of the National Park
Service, Department of the Interior. Following ninety days notice to the
Committee on Natural Resources of the House of Representatives and to
the Committee on Energy and Natural Resources of the Senate, the
Secretary may make minor revisions of the boundary of the park by
publication of a revised map in the Federal Register.
(c) Acquisition of lands and interests therein; manner of acquisition
Within the boundaries of the park, the Secretary may acquire lands
and interests therein by donation, purchase with donated or appropriated
funds, exchange, or transfer.
(d) Identification, etc., of other points relevant to park
Other points on the island of Guam relevant to the park may be
identified, established, and marked by the Secretary in agreement with
the Governor of Guam.
(e) Administration of property
The Secretary shall administer property acquired in accordance with
the laws generally applicable to the management of units of the National
Park System.
(f) Assistance of appropriate historians for interpretation of
historical aspects; language requirements for interpretative
activities
The Secretary is authorized to seek the assistance of appropriate
historians to interpret the historical aspects of the park. To the
greatest extent possible, interpretative activities will be conducted in
the following three languages: English, Chamorro, and Japanese.
(g) Negotiations for berthing and interpretation of naval vessel
appropriate for accessibility to public
The Secretary is authorized to enter into negotiations with the
Secretary of Defense for the berthing and interpretation of a naval
vessel of World War II vintage which shall be accessible to the public
on the island of Guam.
(h) Repealed. Pub. L. 103-437, Sec. 6(i)(2), Nov. 2, 1994, 108 Stat.
4585
(i) Employment and training of residents of Guam or Northern Mariana
Islands for development, maintenance, and administration
The Secretary is authorized and directed, to the maximum extent
feasible, to employ and train residents of Guam or of the Northern
Mariana Islands to develop, maintain, and administer the park.
(j) Fees or charges prohibited
Notwithstanding any provision of law to the contrary, no fee or
charge shall be imposed for entrance or admission into the War in the
Pacific National Historical Park.
(k) Authorization of appropriations
For the purposes of the park established under this section,
effective October 1, 1978, there are authorized to be appropriated such
sums as may be necessary, but not to exceed $16,000,000 for the
acquisition of lands or interests in lands and $8,000,000 for
development.
(l) Monument
Within the boundaries of the park, the Secretary is authorized to
construct a monument which shall commemorate the loyalty of the people
of Guam and the herosim \1\ of the American forces that liberated Guam.
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\1\ So in original. Probably should be ``heroism''.
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(m) Interpretive programs
Within the boundaries of the park, the Secretary is authorized to
implement programs to interpret experiences of the people of Guam during
World War II, including, but not limited to, oral histories of those
people of Guam who experienced the occupation.
(n) Report on projected development costs
Within six months after December 17, 1993, the Secretary, through
the Director of the National Park Service, shall develop and transmit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
containing updated cost estimates for the development of the park.
Further, this report shall contain a general plan to implement
subsections (l) and (m) of this section, including, at a minimum, cost
estimates for the design and construction of the monument authorized in
section \2\ (l) of this section.
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\2\ So in original. Probably should be ``subsection''.
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(o) Protection of vintage weapons and fortifications
The Secretary may take such steps as may be necessary to preserve
and protect various World War II vintage weapons and fortifications
which exist within the boundaries of the park.
(Pub. L. 95-348, Sec. 6, Aug. 18, 1978, 92 Stat. 492; Pub. L. 103-197,
Sec. 3, Dec. 17, 1993, 107 Stat. 2302; Pub. L. 103-437, Sec. 6(i), Nov.
2, 1994, 108 Stat. 4585.)
Amendments
1994--Subsec. (b). Pub. L. 103-437, Sec. 6(i)(1), substituted
``Natural Resources'' for ``Interior and Insular Affairs'' after
``Committee on''.
Subsec. (h). Pub. L. 103-437, Sec. 6(i)(2), struck out subsec. (h)
which directed Secretary, within two years from Aug. 18, 1978, to
develop and transmit to Congressional committees, a general management
plan for War in the Pacific National Historic Park, and to transmit
within 5 years of Aug. 18, 1978, a study of additional sites associated
with Pacific Campaign of World War II.
1993--Subsec. (k). Pub. L. 103-197, Sec. 3(a), substituted
``$8,000,000'' for ``$500,000''.
Subsecs. (l) to (o). Pub. L. 103-197, Sec. 3(b), added subsecs. (l)
to (o).
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.
Congressional Findings
Section 1 of Pub. L. 103-197 provided that: ``Congress finds that--
``(1) June 15 through August 10, 1994, marks the 50th
anniversary of the Mariana campaign of World War II in which
American forces captured the islands of Saipan and Tinian in the
Northern Marianas and liberated the United States Territory of Guam
from Japanese occupation;
``(2) an attack during this campaign by the Japanese Imperial
fleet, aimed at countering the American forces that had landed on
Saipan, led to the battle of the Philippine Sea, which resulted in a
crushing defeat for the Japanese by United States naval forces and
the destruction of the effectiveness of the Japanese carrier-based
airpower;
``(3) the recapture of Guam liberated one of the few pieces of
United States territory that was occupied for two and one-half years
by the enemy during World War II and restored freedom to the
indigenous Chamorros on Guam who suffered as a result of the
Japanese occupation;
``(4) Army, Navy, Marine Corps, and Coast Guard units
distinguished themselves with their heroic bravery and sacrifice;
``(5) the Guam Insular Force Guard, the Guam militia, and the
people of Guam earned the highest respect for their defense of the
island during the Japanese invasion and their resistance during the
occupation; their assistance to the American forces as scouts for
the American invasion was invaluable; and their role, as members of
the Guam Combat Patrol, was instrumental in seeking out the
remaining Japanese forces and restoring peace to the island;
``(6) during the occupation, the people of Guam--
``(A) were forcibly removed from their homes;
``(B) were relocated to remote sections of the island;
``(C) were required to perform forced labor and faced other
harsh treatment, injustices, and death; and
``(D) were placed in concentration camps when the American
invasion became imminent and were brutalized by their occupiers
when the liberation of Guam became apparent to the Japanese;
``(7) the liberation of the Mariana Islands marked a pivotal
point in the Pacific war and led to the American victories at Iwo
Jima, Okinawa, the Philippines, Taiwan, and the south China coast,
and ultimately against the Japanese home islands;
``(8) the Mariana Islands of Guam, Saipan, and Tinian provided,
for the first time during the war, air bases which allowed land-
based American bombers to reach strategic targets in Japan; and
``(9) the air offensive conducted from the Marianas against the
Japanese war-making capability helped shorten the war and ultimately
reduced the toll of lives to secure peace in the Pacific.''
Transfer of Excess Land to National Park Service
Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329-213, 1329-222, provided in part: ``That any Federally-owned land in
War in the Pacific National Historical Park that hereafter becomes
excess to the needs of the administering agency shall be transferred to
the jurisdiction of the National Park Service, without reimbursement,
for purposes of the park.''
