Pub. L. 95-629, tit. II, sec. 201 (as amended)
SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK.
SEC. 201. [16 U.S.C. 410ee] SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK.
(a) Establishment.—
(1) In general.—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.
(2) Additional land.—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.
(3) Boundary modification.—
(A) In general.—The boundary of the park is modified
to include approximately 137 acres, as depicted on
the map entitled ‘San Antonio Missions National Historical
Park Proposed Boundary Addition’, numbered 472/
113,006A, and dated June 2012.
(B) Availability of map.—The map described in
subparagraph (A) shall be on file and available for inspection
in the appropriate offices of the National Park Service.
(C) Acquisition of land.—The Secretary of the
Interior may acquire the land or any interest in the land
described in subparagraph (A) only by donation or
exchange.
(4) Revisions.—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) 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—
(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 Aceqnia, the section of approximately five miles along the west side of and parallel to the San
Antonio River;
(E) Mission San Juan Capistrano;
(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 mill 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)(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 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) 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 the Act
of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Act
of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461467).
(e)(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 pi~pursuant to
subsection (b) (2);
(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 the date of the enactment of this Act
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)(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.
- Cross-references to the US Code
- 16 U.S.C. 410ee