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U.S. Code as of:
01/19/04
Section 410ee. Establishment
(a) Composition; boundary revisions
In order to provide for the preservation, restoration, and
interpretation of the Spanish Missions of San Antonio, Texas, for
the benefit and enjoyment of present and future generations of
Americans, there is hereby established the San Antonio Missions
National Historical Park (hereafter in this section referred to as
the "park") consisting of Concepcion, San Jose, San Juan, and
Espada Missions, together with areas and features historically
associated therewith, as generally depicted on the drawing entitled
"Boundary Map, San Antonio Missions National Historical Park",
numbered 930-80,022-C and dated May 1978, which shall be on file
and available for public inspection in the offices of the National
Park Service, Department of the Interior, and in the offices of the
Superintendent of the park. The park shall also consist of the
lands and interests therein within the area bounded by the line
depicted as "Proposed Boundary Extension" on the maps entitled "San
Antonio Missions National Historical Park", numbered 472-80,075,
472-80,076, 472-80,077, 472-80,078, 472-80,079, 472-80,080, and
472-80,081 and dated June 7, 1990, which shall be on file and
available for public inspection in the same manner as is such
drawing. After advising the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Natural
Resources of the United States House of Representatives, in
writing, the Secretary of the Interior (hereinafter referred to as
the "Secretary") may make minor revisions of the boundaries of the
park when necessary by publication of a revised drawing or other
boundary description in the Federal Register.
(b) Acquisition of lands and interests; cooperative agreements;
submittal to Department of Justice
For the purposes of this section, the Secretary is authorized -
(1) to acquire by donation, purchase with donated or
appropriated funds, or exchange, lands and interests therein
constituting the following generally described areas in the
historic missions district of the city of San Antonio, Texas -
(A) Mission San Jose y San Miguel de Aguayo;
(B) Mission Nuestra Senora de la Purisima Concepcion de
Acuna;
(C) Mission San Francisco de la Espada;
(D) Espada Acequia, the section of approximately five miles
along the west side of and parallel to the San Antonio River;
(E) Espada Dam and Aqueduct;
(F) Mission San Juan Capistrano;
(G) San Juan Acequia, on the east side of the San Antonio
River; and
(H) such lands and interests therein which the Secretary
determines are necessary or desirable to provide for public
access to, and interpretation and protection of, the foregoing;
and
(2) to enter cooperative agreements with the owners of any
historic properties, including properties referred to in
paragraph (1), in furtherance of the purposes of this section.
Each agreement under paragraph (2) shall provide among other things
that the owner will hold and preserve the historic property in
perpetuity and will not undertake or permit the alteration or
removal of historic features or the erection of markers,
structures, or buildings without the prior concurrence of the
Secretary, and that the public shall have reasonable access to
those portions of the property to which access is necessary in the
judgment of the Secretary for the proper appreciation and
interpretation of its historical and architectural value. Pursuant
to such cooperative agreements and notwithstanding any other
provision of law to the contrary the Secretary may, directly or by
contract, construct, reconstruct, rehabilitate, or develop such
buildings, structures, and related facilities including roads,
trails, and other interpretive facilities on real property not in
Federal ownership and may maintain and operate programs in
connection therewith as he deems appropriate. Any lands or interest
therein owned by the Catholic Archdiocese of San Antonio, the State
of Texas, or any political subdivision of such State, including the
San Antonio River Authority, may be acquired by donation only:
Provided, That the Secretary shall submit all proposed cooperative
agreements to the Department of Justice for a determination that
the proposed agreements do not violate the constitutional
provisions regarding the separation of church and state.
(c) Retention of rights by owners; compensation for property;
termination of rights; "improved property" defined
(1) With the exception of any property deemed necessary by the
Secretary for visitor facilities or administration of the park, any
owner or owners of improved property on the date of its acquisition
by the Secretary may, as a condition of such acquisition, retain
for themselves and their successors or assigns a right of use and
occupancy of the property for noncommercial residential purposes,
for twenty-five years, or, in lieu thereof, for a term ending at
the death of the owner or his spouse, whichever is later. The owner
shall elect the term to be reserved. The Secretary shall pay to the
owner the fair market value of the property on the date of such
acquisition less the fair market value on such date of the right
retained by the owner.
(2) A right of use and occupancy retained or enjoyed pursuant to
this subsection may be terminated with respect to the entire
property by the Secretary upon his determination that the property
or any portion thereof had ceased to be used for noncommercial
residential purposes and upon tender to the holder of a right an
amount equal to the fair market value, as of the date of tender, of
that portion of the right which remains unexpired on the date of
termination.
(3) The term "improved property", as used in this subsection,
shall mean a detached, noncommercial residential dwelling, the
construction of which was begun before January 1, 1978 (hereinafter
referred to as a "dwelling"), together with so much of the land on
which the dwelling is situated, the said land being in the same
ownership as the dwelling, as the Secretary shall designate to be
reasonably necessary for the enjoyment or (!1) the dwelling for the
sole purpose of noncommercial residential use, together with any
structures accessory to the dwelling which are situated on the land
so designated.
(d) Protection and preservation of historical and architectural
values; administration
The Secretary is authorized and directed to take prompt and
appropriate action in accordance with the provisions of this
section and any cooperative agreement hereunder to assure the
protection and preservation of the historical and architectural
values of the missions and the areas and features historically
associated therewith within the boundaries of the park. The park
shall be administered by the Secretary in accordance with this
section and provisions of law generally applicable to units of the
National Park System, including sections 1, 2, 3, and 4 of this
title and sections 461 to 467 of this title.
(e) San Antonio Missions Advisory Commission; membership; Chairman;
vacancies; compensation and expenses; meeting and consultation
between Secretary and Advisory Commission; termination
(1) There is hereby authorized to be established by the
Secretary, a San Antonio Missions Advisory Commission. The
Commission shall be composed of eleven members, each appointed for
a term of two years by the Secretary, as follows:
(A) one member to be appointed from recommendations made by the
Governor of the State of Texas;
(B) one member to be appointed from recommendations made by the
County Commissioners of Bexar County, Texas;
(C) one member to be appointed from recommendations made by the
City Council of the City of San Antonio, Texas;
(D) one member to be appointed to represent non-Federal
property owners whose property is operated and maintained in
accordance with cooperative agreements with the Secretary
pursuant to subsection (b)(2) of this section;
(E) one member from the membership of a local conservation or
historical organization; and
(F) six members representing the general public.
The Secretary shall designate one member to be Chairman of the
Commission and may fill any vacancy in the same manner in which the
original appointment was made.
(2) Members of the Commission shall serve without compensation as
such, but the Secretary may pay expenses reasonably incurred by the
Commission and may reimburse members for reasonable expenses
incurred in carrying out their responsibilities under this section
on vouchers signed by the Chairman.
(3) All appointments to the Commission shall be made by the
Secretary within six months after November 10, 1978, and the
Secretary, or his designee, shall from time to time, but at least
semiannually, meet and consult with the Advisory Commission in
matters relating to the park and with respect to carrying out the
provisions of this section.
(4) Unless extended by Act of Congress, this Commission shall
terminate ten years after the date of its first meeting with the
Secretary or his designee.
(f) Authorization of appropriations
(1) There are hereby authorized to be appropriated such sums as
may be necessary to carry out the purposes of this section, but not
more than $10,000,000 for the acquisition of lands and interests in
lands.
(2) For the development of essential public facilities there are
authorized to be appropriated not more than $15,000,000.
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