§ 450ii-1. Excluded lands opened to entry under mining laws

All public-domain lands included before September 25, 1950, within the Joshua Tree National Monument which are eliminated from the National Monument by sections 450ii to 450ii-3 of this title are opened to location, entry, and patenting under the United States mining laws: Provided, That such publicdomain lands or portions thereof shall be restored to application and entry under other applicable public land laws, including the mineral leasing laws.

(Sept. 25, 1950, ch. 1030, § 2, 64 Stat. 1035.)

ABOLITION OF JOSHUA TREE NATIONAL MONUMENT Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see section 410aaa-22 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 450ii-2 of this title.

§ 450ii-2. Continuation of leases, permits, and li

censes

All leases, permits, and licenses issued or authorized by any department, establishment, or agency of the United States, with respect to the Federal lands excluded from the Joshua Tree National Monument by sections 450ii to 450ii-3 of this title, which are in effect on September 25, 1950, shall continue in effect, subject to compliance with the terms and conditions therein set forth, until terminated in accordance with the provisions thereof.

(Sept. 25, 1950, ch. 1030, § 3, 64 Stat. 1035.)

ABOLITION OF JOSHUA TREE NATIONAL MONUMENT Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see section 410aaa-22 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 450ii-1 of this title.

§ 450ii-3. Survey and report of mineral value

The Secretary of the Interior is authorized and directed, through the United States Bureau of Mines, the United States Geological Survey, and the National Park Service, to cause a survey to be made of the area within the revised boundaries of the Joshua Tree National Monument with a view to determining to what extent the said area is more valuable for minerals than for the National Monument purposes for which it was created. Report of said survey shall be filed with the President of the United States Senate and the Speaker of the House of Representatives on or before February 1, 1951. (Sept. 25, 1950, ch. 1030, § 4, 64 Stat. 1035; Nov. 13, 1991, Pub. L. 102-154, title I, 105 Stat. 1000; May 18, 1992, Pub. L. 102-285, § 10(b), 106 Stat. 172.)

CHANGE OF NAME

"United States Bureau of Mines" substituted in text for "Bureau of Mines" pursuant to section 10(b) of Pub. L. 102-285, set out as a note under section 1 of Title 30, Mineral Lands and Mining.

"United States Geological Survey" substituted in text for "Geological Survey" pursuant to provision of title I of Pub. L. 102-154, set out as a note under section 31 of Title 43, Public Lands.

ABOLITION OF JOSHUA TREE NATIONAL Monument Joshua Tree National Monument abolished and incorporated in Joshua Tree National Park, see section 410aaa-22 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450ii-1, 450ii-2 of this title.

§ 450jj. Jefferson National Expansion Memorial; authorization

There is authorized to be constructed by the Secretary of the Interior upon the Jefferson National Expansion Memorial National Historic Site, Saint Louis, Missouri, an appropriate national memorial to those persons who made possible the territorial expansion of the United States, including President Thomas Jefferson and his aides, Livingston and Monroe, who negotiated the Louisiana Purchase, the great explorers, Lewis and Clark, and the hardy hunters, trappers, frontiersmen, pioneers, and others who contributed to such expansion. (May 17, 1954, ch. 204, § 1, 68 Stat. 98.)

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-398, title II, § 203, Aug. 24, 1984, 98 Stat. 1472, provided that: "This title [enacting sections 450jj-3 to 450jj-9 of this title, enacting provisions set out as a note under section 450jj-3 of this title, and amending provisions set out as a note under this section] may be cited as the 'Jefferson National Expansion Memorial Amendments Act of 1984'."

DISPOSITION OF FUNDS RECEIVED BY NATIONAL PARK SERVICE AS Reimbursement for CostS INCURRED Pub. L. 99-500, § 101(h) [title I, § 1001, Oct. 18, 1986, 100 Stat. 1783-242, 1783-251, and Pub. L. 99-591, § 101(h) [title I, § 1001, Oct. 30, 1986, 100 Stat. 3341-242, 3341-251, provided: "That notwithstanding any other provision of law, hereafter funds received by the National Park Service as reimbursement for the cost of providing security, law enforcement, interpretive, and other services with respect to the operation of facilities at the Jefferson National Expansion Memorial National Historic Site shall be credited to the appropriation bearing the cost of providing such serv

ices."

AUTHORIZATION OF APPROPRIATIONS; FEDERAL AND NON-FEDERAL RATIO OF EXPENDITURES

Section 11, formerly section 4, of act May 17, 1954, as amended by Pub. L. 85-936, Sept. 6, 1958, 72 Stat. 1794; Pub. L. 89-269, Oct. 19, 1965, 79 Stat. 991; Pub. L. 94-578, title II, § 201(6), Oct. 21, 1976, 90 Stat. 2733; and renumbered and amended by Pub. L. 98-398, title II, § 201(b), Aug. 24, 1984, 98 Stat. 1471; Pub. L. 102-355, § 1(3), Aug. 26, 1992, 106 Stat. 947, provided that:

"(a) There is hereby authorized to be appropriated not to exceed $32,750,000 to carry out the purposes of this Act [sections 450jj to 450jj-9 of this title]: Provided, That funds authorized to be appropriated by this Act shall be expended by the United States for construction of the memorial in the ratio of $3 of Federal funds for each $1 of money contributed hereafter by the city of Saint Louis or other non-Federal source for purposes of the memorial, and for such purposes the Secretary is authorized to accept from the said city or other non-Federal sources, and to utilize for purposes

of this Act, any money so contributed: Provided further, That the value of any land hereafter contributed by the city of Saint Louis shall be excluded from the computation of the city's share.

"(b)(1) For the purposes of the East St. Louis portion of the memorial, there are authorized to be appropriated $2,000,000 for land acquisition and, subject to the provisions of paragraphs (2) and (3), such sums as may be necessary for development: Provided, That such authorization shall not include any sums for the acquisition, removal, or relocation of the grain elevator and business located within the East St. Louis unit of the Memorial. Such development shall be consistent with the level of development described in phase one of the draft Development and Management Plan and Environmental Assessment, East St. Louis Addition to Jefferson National Expansion Memorial-Illinois/Missouri, dated August 1987.

"(2) Federal funds expended under paragraph (1) for development may not exceed 75 percent of the actual cost of such development. The remaining share of such actual costs shall be provided from non-Federal funds, services, or materials, or a combination thereof, fairly valued as determined by the Secretary. Any non-Federal expenditures for the acquisition, removal, or relocation of the grain elevator and business shall be included as part of the non-Federal cost share: Provided, That credit shall not be given for any such expenditures which exceed the cost of acquisition, removal, or relocation of the grain elevator and business located within the East St. Louis unit of the Memorial if such action had been accomplished by the Federal Government as determined by the Secretary under existing law: Provided further, That only those non-Federal funds expended at least sixty days after the transmission of the report referred to in paragraph (3) for the removal of such grain elevator shall be credited towards the non-Federal cost share. For the purposes of this paragraph, the Secretary may accept and utilize for such purposes any non-Federal funds, services, and materials so contributed.

"(3) Within one year after the date of enactment of this paragraph (Aug. 26, 1992], the Secretary, in direct consultation with the city of East St. Louis, Gateway Arch Park Expansion, and the Southwestern Illinois Development Authority, shall develop and transmit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs [now Committee on Natural Resources] of the United States House of Representatives a study of alternatives to, and costs associated with, the removal of the grain elevator located within the East St. Louis unit of the Memorial. The study shall contain, but need not be limited to, at least one alternative which would incorporate and retain the existing grain elevator into the draft development and management plan and environmental assessment referred to in paragraph (1).

"(c) Funds appropriated under subsection (b) of this section shall remain available until expended."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 450jj-1, 450jj-2, 450jj-4, 450jj-5, 450jj-6, 450jj-8, 450jj-9 of this title.

§ 450jj-1. Construction of memorial

(a) Plan; contracts; employment and compensation of personnel

The memorial authorized herein shall be constructed in general, in accordance with the plan approved by the United States Territorial Expansion Memorial Commission on May 25, 1948. The Secretary of the Interior is authorized to enter into such contracts as may be necessary to carry out the purposes of sections 450jj to 450jj-9 of this title. The Secretary is also au

thorized to employ, in his discretion, by contract or otherwise, landscape architects, architects, engineers, sculptors, artists, other expert consultants, or firms, partnerships, or associations thereof, and to include in any such contract provision for the utilization of the services and facilities, and the payment of the travel and other expenses, of their respective organizations, in accordance with the usual customs of the several professions and at the prevailing rates for such services and facilities, without regard to the civil-service laws or regulations, chapter 51 and subchapter III of chapter 53 of title 5, section 5 of title 41, or any other law or regulation relating to either employment or compensation.

(b) Easements; above-ground parking

The Secretary of the Interior, in connection with the construction and operation of the memorial, is authorized to grant such easements as are in the public interest, and, in his discretion, to convey to the city of Saint Louis for above-ground parking structures, under such terms and conditions as he may consider to be compatible with maintaining the integrity, appearance, and purposes of said memorial, such portion of the historic site as may in his judgment be excluded therefrom without detriment thereto, subject, however, to reversion of such portion of the historic site to the United States if such excluded area ceases to be used for parking purposes by said city.

(c) Easements; public protection

The Secretary of the Interior is authorized to grant easements for the purpose of erecting under-ground structures suitable for public protection under such terms and conditions as he may consider to be compatible with maintaining the integrity, appearance, and purposes of said memorial.

(May 17, 1954, ch. 204, § 2, 68 Stat. 99.)

REFERENCES IN TEXT

Herein, referred to in subsec. (a), means act May 17, 1954, which is generally classified to sections 450jj to 450jj-9 of this title. For complete classification of this Act to the Code, see Tables.

The civil-service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

CODIFICATION

In subsec. (a), "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act of 1949, as amended" on authority of Pub. L. 89-554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

§ 450jj-2. Railroad agreement as condition precedent to undertaking memorial project

The memorial project authorized herein shall not be undertaken until there shall have been reached an agreement satisfactory to the Secretary of the Interior providing for the relocation of the railroad tracks and structures now situated on lands adjacent to the Jefferson National Expansion Memorial National Historic Site, between the boundary of the site and the river.

Such agreement shall contain such terms as may be deemed desirable by the Secretary but shall contain a provision limiting the Federal expenditure of funds in connection with such relocation of the tracks and structures to work undertaken within the historic site area. (May 17, 1954, ch. 204, § 3, 68 Stat. 99.)

REFERENCES IN TEXT

Herein, referred to in text, means act May 17, 1954, which is generally classified to sections 450jj to 450jj-9 of this title. For complete classification of this Act to the Code, see Tables.

§ 450jj-3. Designation of additional land by Secretary; manner of acquiring additional land

(a) There is hereby designated for addition to the Jefferson National Expansion Memorial (hereinafter in sections 450jj-3 to 450jj-9 of this title referred to as the "Memorial") approximately one hundred acres in the city of East Saint Louis, Illinois, contiguous with the Mississippi River and between the Eads Bridge and the Poplar Street Bridge, as generally depicted on the map entitled "Boundary Map, Jefferson National Expansion Memorial", numbered 366-80013, dated January 1992, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The additional acreage authorized by this section is in recognition of the historical significance of the Memorial site to the westward expansion of the United States and the historical linkage of this site on the Mississippi in both Missouri and Illinois to such expansion, the international recognition of the Gateway Arch, designed by Eero Saarinen, as one of the world's great sculptural and architectural achievements, and the increasing use of the Memorial site by millions of people from all over the United States and the world.

(b) Within the area designated in accordance with this section, the Secretary of the Interior may acquire lands and interests in lands by donation, purchase with donated or appropriated funds, or exchange, except that lands owned by the State of Illinois or any political subdivision thereof may be acquired only by donation.

(May 17, 1954, ch. 204, § 4, as added Aug. 24, 1984, Pub. L. 98-398, title II, § 201(a), 98 Stat. 1467; amended Aug. 26, 1992, Pub. L. 102-355, § 1(1), 106 Stat. 947.)

PRIOR PROVISIONS

A prior section 4 of act May 17, 1954, was renumbered section 11 by Pub. L. 98-398, title II, § 201(b)(1), Aug. 24, 1984, 98 Stat. 1472, and is set out as a note under section 450jj of this title.

AMENDMENTS

1992-Subsec. (a). Pub. L. 102-355 substituted "There is hereby designated" for "The Secretary of the Interior is further authorized to designate”, “approximately" for "not more than", and "366-80013, dated January 1992," for "MWR-366/80,004, and dated February 9, 1984,".

COMPLIANCE WITH CONGRESSIONAL BUDGET ACT Section 202 of title II of Pub. L. 98-398 provided that: "Any provision of this title (or any amendment made by this title) [enacting sections 450jj-3 to 450jj-9

of this title and enacting and amending provisions set out as notes under section 450jj of this title] which, directly or indirectly, authorizes the enactment of new budget authority described in section 402(a) of the Congressional Budget Act of 1974 [2 U.S.C. 652(a)] shall be effective only for fiscal years beginning after September 30, 1983."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450jj-4, 450jj-5, 450jj-9 of this title.

§ 450jj-4. Transfer of land

Where appropriate in the discretion of the Secretary of the Interior, he may transfer by lease or otherwise, to any appropriate person or governmental entity, land owned by the United States (or any interest therein) which has been acquired by the Secretary under section 450jj-3 of this title. Any such transfer shall be consistent with the management plan for the area and with the requirements of section 4601-22 of this title and shall be subject to such conditions and restrictions as the Secretary deems necessary to carry out the purposes of sections 450jj to 450jj-9 of this title, including terms and conditions which provide for

(1) the continuation of existing uses of the land which are compatible with the Memorial,

(2) the protection of the important historical resources of the leased area, and

(3) the retention by the Secretary of such access and development rights as the Secretary deems necessary to provide for appropriate visitor use and resource management. In transferring any lands or interest in lands under this section, the Secretary shall take into account the views of the Commission established under section 450jj-7 of this title.

(May 17, 1954, ch. 204, § 5, as added Aug. 24, 1984, Pub. L. 98-398, title II, § 201(a), 98 Stat. 1468.)

PRIOR PROVISIONS

A prior section 5 of act May 17, 1954, contained a limitation on appropriation authorization and a prohi. bition on expenditure of Government funds and was classified as a note under section 450jj of this title, prior to the general amendment made by Pub. L. 85-936, Sept. 6, 1958, 72 Stat. 1794.

§ 450jj-5. Administration of Memorial; cooperation with State and local governments and private

sector

Lands and interests in lands acquired pursuant to section 450jj-3 of this title shall, upon acquisition, be a part of the Memorial. The Secretary of the Interior shall administer the Memorial in accordance with sections 450jj to 450jj-9 of this title and the 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. In the development, management, and operation of that portion of the Memorial which is added to the Memorial under section 450jj-3 of this title, the Secretary shall, to the maximum extent feasible, utilize the assistance of State and local government agencies and the private

(a) Establishment

There is hereby established the Jefferson National Expansion Memorial Commission (hereinafter in sections 450jj-6 to 450jj-9 of this title referred to as the "Commission").

(b) Composition

The Commission shall be composed of twenty members as follows:

(1) The county executive of Saint Louis County, Missouri, ex officio, or a delegate.

(2) The chairman of the Saint Clair County Board of Supervisors, Illinois, ex officio, or a delegate.

(3)(A) The executive director of the BiState Development Agency, Saint Louis, Missouri, ex officio, or a delegate.

(B) A member of the Bi-State Development Agency, Saint Louis, Missouri, who is not a resident of the same State as the executive director of such agency, appointed by a majority of the members of such agency, or a delegate.

(4) The mayor of the city of East Saint Louis, Illinois, ex officio, or a delegate.

(5) The mayor of Saint Louis, Missouri, ex officio, or a delegate.

(6) The Governor of the State of Illinois, ex officio, or a delegate.

(7) The Governor of the State of Missouri, ex officio, or a delegate.

(8) The Secretary of the Interior, ex officio, or a delegate.

(9) The Secretary of Housing and Urban Development, ex officio, or a delegate.

(10) The Secretary of Transportation, ex officio, or a delegate.

(11) The Secretary of the Treasury, ex officio, or a delegate.

(12) The Secretary of Commerce, ex officio, or a delegate.

(13) The Secretary of the Smithsonian Institution, ex officio, or a delegate.

(14) Three individuals appointed by the Secretary of the Interior from a list of individuals nominated by the mayor of East Saint Louis, Illinois, and the Governor of the State of Illinois.

(15) Three individuals appointed by the Secretary of the Interior from a list of individuals nominated by the mayor of Saint Louis, Missouri, and the Governor of the State of Missouri.

Individuals nominated for appointment under paragraphs (14) and (15) shall be individuals

who have knowledge and experience in one or more of the fields of parks and recreation, environmental protection, historic preservation, cultural affairs, tourism, economic development, city planning and management, finance, or public administration. A vacancy in the Commission shall be filled in the manner in which the original appointment was made.

(c) Term of office of members

(1) Except as provided in paragraphs (2) and (3), members of the Commission shall be appointed for terms of three years.

(2) Of the members of the Commission first appointed under paragraphs (14) and (15) of subsection (c) of this section

(A) two shall be appointed for terms of one year;

(B) two shall be appointed for terms of two years; and

(C) two shall be appointed for terms of three years;

as designated by the Secretary of the Interior at the time of appointment.

(3) Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member of the Commission may serve after the expiration of his term until his successor has taken office.

(d) Compensation of members; travel expenses and per diem

Members of the Commission shall receive no pay on account of their service on the Commission, but while away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5.

(e) Chairperson

The chairperson of the Commission shall be elected by the members of the Commission. (f) Assistance from Federal agencies

Upon request of the Commission, the head of any Federal agency represented by members on the Commission may detail any of the personnel or such agency, or provide administrative services to the Commission to assist the Commission in carrying out the Commission's duties under section 450jj-7 of this title.

(g) Gifts, bequests, or donations

The Commission may, for the purposes of carrying out the Commission's duties under section 450jj-7 of this title, seek, accept, and dispose of gifts, bequests, or donations of money, personal property, or services, received from any source.

'So in original. Probably should be "of".

(h) Termination; extension

§ 450jj-7. Development and management plan for East Saint Louis, Illinois, portion of Memorial

(a) Within two years from August 24, 1984, the Commission shall develop and transmit to the Secretary a development and management plan for the East Saint Louis, Illinois, portion of the Memorial. The plan shall include

(1) measures for the preservation of the area's resources;

(2) indications of types and general intensities of development (including visitor circulation and transportation patterns, systems, and modes) associated with public enjoyment and use of the area, including general locations, timing of implementation, and cost estimates;

(3) identification of any implementation commitments for visitor carrying capacities for all areas of the area;

(4) indications of potential modifications to the external boundaries of the area, the reasons therefore,' and cost estimates;

(5) measures and commitments for insuring that the development, management, and operation of the area in the State of Illinois are compatible with the portion of the Memorial in the State of Missouri;

(6) opportunities and commitments for cooperative activities in the development, management, and operation of the East Saint Louis portion of the Memorial with other Federal, State, and local agencies, and the private sector; and

(7) effective and appropriate ways to increase local participation in the management of the East Saint Louis portion of the Memorial to help reduce the day-to-day operational and management responsibilities of the National Park Service and to increase opportunities for local employment.

(b) The plan shall also identify and include(1) needs, opportunities, and commitments for the aesthetic and economic rehabilitation of the entire East Saint Louis, Illinois, waterfront and adjacent areas, in a manner compatible with and complementary to, the Memorial, including the appropriate commitments and roles of the Federal, State, and local governments and the private sector; and (2) cost estimates and recommendations for Federal, State, and local administrative and legislative actions.

'So in original. Probably should be "therefor.".

In carrying out its duties under this section, the Commission shall take into account Federal, State, and local plans and studies respecting the area, including the study by the National Park Service on the feasibility of a museum of American ethnic culture to be a part of any development plans for the Memorial.

(May 17, 1954, ch. 204, § 8, as added Aug. 24, 1984, Pub. L. 98-398, title II, § 201(a), 98 Stat. 1470.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450jj-4, 450jj-6, 450jj-8 of this title.

§ 450jj-8. Repealed. Pub. L. 102-355, § 1(2), Aug. 26, 1992, 106 Stat. 947

Section, act May 17, 1954, ch. 204, § 9, as added Aug. 24, 1984, Pub. L. 98-398, title II, § 201(a), 98 Stat. 1471, related to approval of development and management plan for East Saint Louis, Illinois, portion of Jefferson National Expansion Memorial, and transmission by Secretary of notice of approval of plan to Congression. al committees.

§ 450jj-9. Activities in Memorial area pending submission of plan

Pending submission of the Commission's plan, any Federal entity conducting or supporting significant activities directly affecting East Saint Louis, Illinois, generally and the site specifically referred to in section 450jj-3 of this title shall

(1) consult with the Secretary of the Interior and the Commission with respect to such activities;

(2) cooperate with the Secretary of the Interior and the Commission in carrying out their duties under sections 450jj to 450jj-9 of this title, and to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and

(3) to the maximum extent practicable, conduct or support such activities in a manner which the Secretary determines will not have an adverse effect on the Memorial. (May 17, 1954, ch. 204, § 10, as added Aug. 24, 1984, Pub. L. 98-398, title II, § 201(a), 98 Stat. 1471.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 450jj-1, 450jj-2, 450jj-3, 450jj-4, 450jj-5, 450jj-6, 450jj-8 of this title.

§ 450kk. Fort Union National Monument; acquisition of site and other lands; reversions and reservations

In order to preserve and protect, in the public interest, the historic Old Fort Union, situated in the county of Mora, State of New Mexico, and to provide adequate public access thereto, the Secretary of the Interior is authorized to acquire on behalf of the United States by donation, or he may procure with donated funds, the site and remaining structures of Old Fort Union, together with such additional land, interests in land, and improvements thereon as the Secretary in his discretion may deem neces