SUBCHAPTER LIX–PP—FIRST STATE NATIONAL HISTORICAL PARK

§410rrr. First State National Historical Park

(a) Definitions

In this section:

(1) Historical park

The term "historical park" means the First State National Historical Park.

(2) Map

The term "map" means the map with pages numbered 1–6 entitled "First State National Historical Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA, Proposed Boundary", numbered T19/80,000G, and dated October 2014.

(3) Secretary

The term "Secretary" means the Secretary of the Interior.

(b) Establishment

(1) Redesignation of First State National Monument

(A) In general

The First State National Monument is redesignated as the First State National Historical Park, as generally depicted on the map.

(B) Availability of funds

Any funds available for purposes of the First State National Monument shall be available for purposes of the historical park.

(C) References

Any references in a law, regulation, document, record, map, or other paper of the United States to the First State National Monument shall be considered to be a reference to the historical park.

(2) Purposes

The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources that are associated with—

(A) early Dutch, Swedish, and English settlement of the Colony of Delaware and portions of the Colony of Pennsylvania; and

(B) the role of Delaware—

(i) in the birth of the United States; and

(ii) as the first State to ratify the Constitution.

(3) Inclusion of additional historic sites

In addition to sites included in the historical park (as redesignated by paragraph (1)(A)) as of December 19, 2014, the Secretary may include the following sites within the boundary of the historical park, as generally depicted on the map:

(A) Fort Christina National Historic Landmark in New Castle County, Delaware, as depicted on page 3 of 6 of the map.

(B) Old Swedes Church National Historic Landmark in New Castle County, Delaware, as depicted on page 3 of 6 of the map.

(C) John Dickinson Plantation National Historic Landmark in Kent County, Delaware, as depicted on page 5 of 6 of the map.

(D) Ryves Holt House in Sussex County, Delaware, as depicted on page 6 of 6 of the map.

(c) Administration

(1) In general

The Secretary shall administer the historical park in accordance with—

(A) this section; and

(B) the laws generally applicable to units of the National Park System, including—

(i) the National Park System Organic Act (16 U.S.C. 1 et seq.); ¹ and

(ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).¹

(2) Land acquisition

(A) Methods

(i) In general

Except as provided in clause (ii), the Secretary may acquire all or a portion of any of the sites described in subsection (b)(3), including easements or other interests in land, by purchase from a willing seller, donation, or exchange.

(ii) Donation only

The Secretary may acquire only by donation all or a portion of the property identified as "Area for Potential Addition by Donation" on page 2 of 6 of the map.

(iii) Limitation

No land or interest land may be acquired for inclusion in the historical park by condemnation.

(B) Boundary adjustment

On acquisition of land or an interest in land under subparagraph (A), the boundary of the historical park shall be adjusted to reflect the acquisition.

(3) Interpretive tours

The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including—

(A) Fort Casimir;

(B) DeVries Monument;

(C) Amstel House;

(D) Dutch House; and

(E) Zwaanendael Museum.

(4) Cooperative agreements

(A) In general

The Secretary may enter into a cooperative agreement with the State of Delaware, political subdivisions of the State of Delaware, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources.

(B) Cost-sharing requirement

(i) Federal share

The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under subparagraph (A) shall be not more than 50 percent.

(ii) Form of non-Federal share

The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued.

(5) Management plan

(A) In general

Not later than 3 fiscal years after the date on which funds are made available to carry out this paragraph, the Secretary shall complete a management plan for the historical park.

(B) Applicable law

The management plan shall be prepared in accordance with section 100502 of title 54 and other applicable laws.

(d) National landmark study

(1) In general

Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State of Delaware that are associated with the purposes of historical park.

(2) Requirements

The study prepared under paragraph (1) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks.

(Pub. L. 113–291, div. B, title XXX, §3033, Dec. 19, 2014, 128 Stat. 3775.)

Editorial Notes

References in Text

The National Park System Organic Act (16 U.S.C. 1 et seq.), referred to in subsec. (c)(1)(B)(i), probably means the National Park Service Organic Act, act Aug. 25, 1916, ch. 408, 39 Stat. 535, 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 (16 U.S.C. 461 et seq.), referred to in subsec. (c)(1)(B)(ii), 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.

Codification

In subsec. (c)(5)(B), "section 100502 of title 54" substituted for "section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a–7(b))" 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.

Section is comprised of section 3033 of Pub. L. 113–291. Subsec. (e) of section 3033 of Pub. L. 113–291 amended section 7302(f) of the Omnibus Public Land Management Act of 2009, Pub. L. 111–11, which was classified to section 469n(f) of this title prior to repeal and restatement as section 311105 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287. See Amendment Not Shown in Text note under section 311105 of Title 54.

¹ See References in Text note below.