SUBCHAPTER LIX–LL—PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK

§410nnn. Findings

The Congress finds that:

(1) The study conducted by the National Park Service under section 506(b) of Public Law 95–625 has resulted in a precise identification of the location of the Battle of Palo Alto and the area requiring protection.

(2) Palo Alto is the only unit of the National Park System directed to the preservation and interpretation of resources related to the Mexican-American War.

(Pub. L. 102–304, §2, June 23, 1992, 106 Stat. 256.)

Editorial Notes

References in Text

Section 506(b) of Pub. L. 95–625, referred to in par. (1), is set out as a note under section 410nnn–1 of this title.

Codification

This subchapter is comprised of Pub. L. 102–304. Pub. L. 102–304 is also listed in a table of National Historic Sites set out under section 320101 of Title 54, National Park Service and Related Programs.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 102–304, §1, June 23, 1992, 106 Stat. 256, as amended by Pub. L. 111–11, title VII, §7113(a)(3)(A), Mar. 30, 2009, 123 Stat. 1201, provided that: "This Act [enacting this subchapter] may be cited as the 'Palo Alto Battlefield National Historical Park Act of 1991'."

Designation of Palo Alto Battlefield National Historical Park

Pub. L. 111–11, title VII, §7113(a)(1), (2), Mar. 30, 2009, 123 Stat. 1201, provided that:

"(1) In general.—The Palo Alto Battlefield National Historic Site shall be known and designated as the 'Palo Alto Battlefield National Historical Park'.

"(2) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the historic site referred to in subsection (a) shall be deemed to be a reference to the Palo Alto Battlefield National Historical Park."

§410nnn–1. Palo Alto Battlefield National Historical Park

(a) Establishment

In order to preserve for the education, benefit, and inspiration of present and future generations the nationally significant site of the first battle of the Mexican-American War, and to provide for its interpretation in such manner as to portray the battle and the Mexican-American War and its related political, diplomatic, military and social causes and consequences, there is hereby established the Palo Alto Battlefield National Historical Park in the State of Texas (hereafter in this subchapter referred to as the "historical park").

(b) Boundary

(1) In general

The historical park shall consist of approximately 3,400 acres as generally depicted on the map entitled "Palo Alto Battlefield National Historical Park", numbered 469–80,002, and dated March 1991. The map shall be on file and available for public inspection in the offices of the Director of the National Park Service, Department of the Interior.

(2) Additional land

(A) In general

(i) In addition to the land described in paragraph (1), the historical park shall consist of—

(I) the approximately 34 acres of land, as generally depicted on the map entitled "Palo Alto Battlefield NHS Proposed Boundary Expansion", numbered 469/80,012, and dated May 21, 2008; and

(II) on the date that such land is donated to the United States, the approximately 166.44 acres of land generally depicted on the map entitled "PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK Proposed Boundary Addition, Fort Brown Unit", numbered 469/143,589, and dated April 2018.

(ii) Before accepting any donated land described in this subparagraph, the Secretary shall complete a boundary study analyzing the feasibility of adding the land to the national historical park.

(iii) If a boundary study completed under clause (ii) finds that acceptance of the donated land is feasible and appropriate, the Secretary may accept such land and administer the land as part of the historical park after providing notice of such finding to Congress.

(B) Availability of maps

The maps described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(3) Legal description

Not later than 6 months after the addition of lands to the historic park boundary, the Secretary of the Interior (hereafter in this subchapter referred to as the "Secretary") shall file a legal description of the historical park with the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. Such legal description shall have the same force and effect as if included in this subchapter, except that the Secretary may correct clerical and typographic errors in such legal description and in the maps referred to in paragraphs (1) and (2). The legal description shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary may, from time to time, make minor revisions in the boundary of the historical park.

(Pub. L. 102–304, §3, June 23, 1992, 106 Stat. 256; Pub. L. 111–11, title VII, §7113(a)(3), (b), Mar. 30, 2009, 123 Stat. 1201, 1202; Pub. L. 117–328, div. DD, title VI, §620, Dec. 29, 2022, 136 Stat. 5607.)

Editorial Notes

Codification

Section 620 of div. DD of Pub. L. 117–328, which directed amendment of section 3 of the "Palo Alto Battlefield National Historic Site Act of 1991", was executed to this section, which is section 3 of the Palo Alto Battlefield National Historical Park Act of 1991, to reflect the probable intent of Congress. See 2022 Amendment notes below.

Amendments

2022—Subsec. (b)(2). Pub. L. 117–328, §620(a), amended subpar. (A) generally and substituted "maps" for "map" in the heading and text of subpar. (B). Prior to amendment, text of subpar. (A) read as follows: "In addition to the land described in paragraph (1), the historical park shall consist of approximately 34 acres of land, as generally depicted on the map entitled 'Palo Alto Battlefield NHS Proposed Boundary Expansion', numbered 469/80,012, and dated May 21, 2008." See Codification note above.

Subsec. (b)(3). Pub. L. 117–328, §620(b), substituted "after the addition of lands to the historic park boundary, the Secretary of the Interior" for "after June 23, 1992, the Secretary of the Interior". See Codification note above.

2009—Pub. L. 111–11, §7113(a)(3)(B), substituted "National Historical Park" for "National Historic Site" in section catchline.

Subsec. (a). Pub. L. 111–11, §7113(a)(3)(A), (C), substituted "National Historical Park" for "National Historic Site" and "historical park" for "historic site".

Subsec. (b)(1). Pub. L. 111–11, §7113(b)(1), inserted heading.

Pub. L. 111–11, §7113(a)(3)(A), (C), substituted "historical park" for "historic site" and "National Historical Park" for "National Historic Site".

Subsec. (b)(2). Pub. L. 111–11, §7113(b)(3), added par. (2). Former par. (2) redesignated (3).

Pub. L. 111–11, §7113(a)(3)(C), substituted "historical park" for "historic site" in two places.

Subsec. (b)(3). Pub. L. 111–11, §7113(b)(4), inserted heading and substituted "Not later than" for "Within" and "maps referred to in paragraphs (1) and (2)" for "map referred to in paragraph (1)".

Pub. L. 111–11, §7113(b)(2), redesignated par. (2) as (3).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

Establishment of Palo Alto Battlefield National Historic Site

Pub. L. 95–625, title V, §506, Nov. 10, 1978, 92 Stat. 3500, provided that:

"(a) In order to preserve and commemorate for the benefit and enjoyment of present and future generations an area of unique historical significance as one of only two important battles of the Mexican War fought on American soil, the Secretary [of the Interior] is authorized to establish the Palo Alto Battlefield National Historic Site [now Palo Alto Battlefield National Historical Park] in the State of Texas.

"(b) For the purposes of this section, the Secretary is authorized to acquire by donation, purchase, or exchange, not to exceed fifty acres of lands and interests therein, comprising the initial unit, in the vicinity of the site of the battle of Palo Alto, at the junction of Farm Roads 1847 and 511, 6.3 miles north of Brownsville, Texas. The Secretary shall complete a study and recommend to the Congress such additions as are required to fully protect the historic integrity of the battlefield by June 30, 1979. The Secretary shall establish the historic site by publication of a notice to that effect in the Federal Register at such time as he determines that sufficient property to constitute an administrable unit has been acquired. Pending such establishment and thereafter, the Secretary shall administer the property acquired pursuant to this section in accordance with this section and provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535) [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101] and the Act of August 21, 1935 (49 Stat. 666) [see 18 U.S.C. 1866(a), 54 U.S.C. 102303, 102304, 320101 et seq.].

"(c) There are authorized to be appropriated such sums as may be necessary for lands and interests in lands and $200,000 for development to carry out the provisions of this section."

§410nnn–2. Administration

The Secretary, acting through the Director of the National Park Service, shall manage the historical park in accordance with this subchapter and the provisions of law generally applicable to the National Park System, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),¹ and the Act of August 21, 1935 (49 Stat. 666).¹ The Secretary shall protect, manage, and administer the historical park for the purposes of preserving and interpreting the cultural and natural resources of the historical park and providing for the public understanding and appreciation of the historical park in such a manner as to perpetuate these qualities and values for future generations.

(Pub. L. 102–304, §4, June 23, 1992, 106 Stat. 257; Pub. L. 111–11, title VII, §7113(a)(3)(C), Mar. 30, 2009, 123 Stat. 1202.)

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of August 21, 1935 (49 Stat. 666), referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Amendments

2009—Pub. L. 111–11 substituted "historical park" for "historic site" wherever appearing.

¹ See References in Text note below.

§410nnn–3. Land acquisition

Within the historical park, the Secretary is authorized to acquire lands and interest in lands by donation, purchase with donated or appropriated funds, or exchange. Lands or interests in lands owned by the State of Texas or political subdivisions thereof may be acquired only by donation.

(Pub. L. 102–304, §5, June 23, 1992, 106 Stat. 257; Pub. L. 111–11, title VII, §7113(a)(3)(C), Mar. 30, 2009, 123 Stat. 1202.)

Editorial Notes

Amendments

2009—Pub. L. 111–11 substituted "historical park" for "historic site".

§410nnn–4. Cooperative agreements

In furtherance of the purposes of this subchapter, the Secretary is authorized to enter into cooperative agreements with the United States of Mexico, in accordance with existing international agreements, and with other owners of Mexican-American War properties within the United States of America for the purposes of conducting joint research and interpretive planning for the historical park and related Mexican-American War sites. Interpretive information and programs shall reflect historical data and perspectives of both countries and the series of historical events associated with the Mexican-American War.

(Pub. L. 102–304, §6, June 23, 1992, 106 Stat. 257; Pub. L. 111–11, title VII, §7113(a)(3)(C), Mar. 30, 2009, 123 Stat. 1202.)

Editorial Notes

Amendments

2009—Pub. L. 111–11 substituted "historical park" for "historic site".

§410nnn–5. Management plan

Within 3 years after June 23, 1992, the Secretary shall develop and transmit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the Senate, a general management plan for the historical park. The plan shall be consistent with section 100502 of title 54 and with the purposes of this subchapter and shall include (but not be limited to) each of the following:

(1) A resource protection program including land acquisition needs.

(2) A general visitor use and interpretive program.

(3) A general development plan including such roads, trails, markers, structures, and other improvements and facilities as may be necessary for the accommodation of visitor use in accordance with the purposes of this subchapter and the need to preserve the integrity of the historical park.

(4) A research plan.

(5) Identification of appropriate cooperative agreements as identified in section 410nnn–4 of this title.

(Pub. L. 102–304, §7, June 23, 1992, 106 Stat. 257; Pub. L. 111–11, title VII, §7113(a)(3)(C), Mar. 30, 2009, 123 Stat. 1202.)

Editorial Notes

Codification

In introductory provisions, "section 100502 of title 54" substituted for "section 12 of the Act of August 18, 1970 (16 U.S.C. 1a–7)" on authority of Pub. L. 113–287, §6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Amendments

2009—Pub. L. 111–11 substituted "historical park" for "historic site" in introductory provisions and in par. (3).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

§410nnn–6. Authorization of appropriations

There is authorized to be appropriated $6,000,000 for acquisition of lands and interests in lands for purposes of the Palo Alto Battlefield National Historical Park.

(Pub. L. 102–304, §8, June 23, 1992, 106 Stat. 258; Pub. L. 111–11, title VII, §7113(a)(3)(A), Mar. 30, 2009, 123 Stat. 1201.)

Editorial Notes

Amendments

2009—Pub. L. 111–11 substituted "National Historical Park" for "National Historic Site".