§ 410jj-4. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410jj-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-H--KALAUPAPA NATIONAL HISTORICAL PARK
Sec. 410jj-4. Administration
(a) Laws governing
The Secretary shall administer the park in accordance with the
provisions of sections 1, 2, 3, and 4 of this title, and sections 461 to
467 of this title, and the provisions of this Act.
(b) Emergency, temporary, and interim activities; cooperative
agreements; expenditures; rehabilitation projects
(1) With the approval of the owner thereof, the Secretary may
undertake critical or emergency stabilization of utilities and historic
structures, develop and occupy temporary office space, and conduct
interim interpretive and visitor services on non-Federal property within
the park.
(2) The Secretary shall seek and may enter into cooperative
agreements with the owner or owners of property within the park pursuant
to which the Secretary may preserve, protect, maintain, construct,
reconstruct, develop, improve, and interpret sites, facilities, and
resources of historic, natural, architectural, and cultural
significance. Such agreements shall be of not less than twenty years
duration, may be extended and amended by mutual agreement, and shall
include, without limitation, provisions that the Secretary shall have
the right of access at reasonable times to public portions of the
property for interpretive and other purposes, and that no changes or
alterations shall be made in the property except by mutual agreement.
Each such agreement shall also provide that the owner shall be liable to
the United States in an amount equal to the fair market value of any
capital improvements made to or placed upon the property in the event
the agreement is terminated prior to its natural expiration, or any
extension thereof, by the owner, such value to be determined as of the
date of such termination, or, at the election of the Secretary, that the
Secretary be permitted to remove such capital improvements within a
reasonable time of such termination. Upon the expiration of such
agreement, the improvements thereon shall become the property of the
owner, unless the United States desires to remove such capital
improvements and restore the property to its natural state within a
reasonable time for such expiration.
(3) Except for emergency, temporary, and interim activities as
authorized in paragraph (1) of this subsection, no funds appropriated
pursuant to this Act shall be expended on non-Federal property unless
such expenditure is pursuant to a cooperative agreement with the owner.
(4) The Secretary may stabilize and rehabilitate structures and
other properties used for religious or sectarian purposes only if such
properties constitute a substantial and integral part of the historical
fabric of the Kalaupapa settlement, and only to the extent necessary and
appropriate to interpret adequately the nationally significant
historical features and events of the settlement for the benefit of the
public.
(Pub. L. 96-565, title I, Sec. 105, Dec. 22, 1980, 94 Stat. 3322.)
References in Text
This Act, referred to in subsecs. (a) and (b)(3), is Pub. L. 96-565,
Dec. 22, 1980, 94 Stat. 3321, which enacted this subchapter and
provisions set out as a note under section 2991a of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Tables.
