--S.1664--
S.1664
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To establish the Keweenaw National Historical Park, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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(a) FINDINGS- The Congress finds that--
(1) The oldest and largest lava flow known on Earth is located on the
Keweenaw Peninsula of Michigan. This volcanic activity produced the only
place on Earth where large scale economically recoverable 97 percent pure
native copper is found.
(2) The Keweenaw Peninsula is the only site in the country where prehistoric,
aboriginal mining of copper occurred. Artifacts made from this copper by
these ancient Indians were traded as far south as present day Alabama.
(3) Copper mining on the Keweenaw Peninsula pioneered deep shaft, hard
rock mining, milling, and smelting techniques and advancements in related
mining technologies later used throughout the world.
(4) Michigan Technological University, located in the copper district,
was established in 1885 to supply the great demand for new technologies
and trained engineers requested by the area's mining operations. Michigan
Technological University possesses a wealth of both written and photographic
historic documentation of the mining era in its archives.
(5) Michigan's copper country became a principal magnet to European
immigrants during the mid-1800's and the cultural heritage of these varied
nationalities is still preserved in this remarkable ethnic conglomerate.
(6) The corporate-sponsored community planning in Calumet, Michigan,
as evidenced in the architecture, municipal design, surnames, foods, and
traditions, and the large scale corporate paternalism was unprecedented
in American industry and continues to express the heritage of the district.
(7) The entire picture of copper mining on Michigan's Keweenaw Peninsula
is best represented by three components: the Village of Calumet, the former
Calumet and Hecla Mining Company properties (including the Osceola #13 mine
complex), and the former Quincy Mining Company properties. The Village of
Calumet best represents the social, ethnic, and commercial themes. Extant
Calumet and Hecla buildings best depict corporate paternalism and power,
and the themes of extraction and processing are best represented by extant
structures of the Quincy Mining Company.
(8) The Secretary of the Interior has designated two National Historic
Landmark Districts in the proposed park area, the Calumet National Historic
Landmark District and the Quincy Mining Company National Historic Landmark
District.
(b) PURPOSES- The purposes of this Act are--
(1) to preserve the nationally significant historical and cultural sites,
structures, and districts of a portion of the Keweenaw Peninsula in the
State of Michigan for the education, benefit, and inspiration of present
and future generations; and
(2) to interpret the historic synergism between the geological, aboriginal,
sociological, cultural technological, and corporate forces that relate
the story of copper on the Keweenaw Peninsula.

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As used in this Act, the term--
(1) `Commission' means the Keweenaw Historic Preservation Advisory Commission
established by section 9.
(2) `park' means the Keweenaw National Historical Park established by
section 3(a)(1).
(3) `Secretary' means the Secretary of the Interior.

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(a) ESTABLISHMENT AND ADMINISTRATION- (1) There is hereby established as
a unit of the National Park System the Keweenaw National Historical Park
in and near Calumet and Hancock, Michigan.
(2) The Secretary shall administer the park in accordance with the provisions
of this Act, and the provisions of law generally applicable to units of
the National Park System, including the Act entitled `An Act to establish
a National Park Service, and for other purposes', approved August 25,
1916 (16 U.S.C. 1, 2-4), and the Act entitled `An Act to provide for the
preservation of historic American sites, buildings, objects and antiquities
of national significance, and for other purposes', approved August 21,
1935 (16 U.S.C. 461 et seq.).
(b) BOUNDARIES AND MAP- (1) The boundaries of the park shall be as generally
depicted on the map entitled `Keweenaw National Historical Park, Michigan',
numbered NHP-KP/20012-B and dated June, 1992. Such map shall be on file
and available for public inspection in the office of the National Park
Service, Department of the Interior, Washington, District of Columbia,
and the office of the village council, Calumet, Michigan.
(2) Within 180 days after the date of enactment of this Act, the Secretary
shall publish in the Federal Register a detailed description and map of
the boundaries established under paragraph (a)(1).

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(a) IN GENERAL- Subject to subsections (b) and (c), the Secretary is
authorized to acquire lands, or interests therein, within the boundaries
of the park by donation, purchase with donated or appropriated funds,
exchange, or transfer.
(b) STATE PROPERTY- Property owned by the State of Michigan or any political
subdivision of the State may be acquired only by donation.
(c) CONSENT- No lands or interests therein within the boundaries of
the park may be acquired without the consent of the owner, unless the
Secretary determines that the land is being developed, or is proposed
to be developed in a manner which is detrimental to the natural, scenic,
historic, and other values for which the park is established.
(d) HAZARDOUS SUBSTANCES- The Secretary shall not acquire any lands pursuant
to this Act if the Secretary determines that such lands, or any portion
thereof, have become contaminated with hazardous substances (as defined in
the Comprehensive Environmental Response, Compensation and Liability Act
(42 U.S.C. 9601)).

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(a) Any Federal entity conducting or supporting activities directly
affecting the park shall--
(1) consult, cooperate, and, to the maximum extent practicable, coordinate
its activities with the Secretary and the Commission;
(2) conduct or support such activities in a manner that--
(A) to the maximum extent practicable, is consistent with the standards
and criteria established pursuant to the general management plan developed
pursuant to section 6; and
(B) will not have an adverse effect on the resources of the park; and
(3) provide for full public participation in order to consider the views
of all interested parties.

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Not later than 3 fiscal years after the date of enactment of this Act,
the Secretary shall prepare, in consultation with the Commission, and
submit to Congress a general management plan for the park containing the
information described in section 12(b) of the Act of August 18, 1970 (16
U.S.C. 1a-7(b)). Such plan shall interpret the technological and social
history of the area, and the industrial complexes of the Calumet and Hecla,
and Quincy Mining Companies, with equal emphasis.

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The Secretary, after consultation with the Commission, may enter into
cooperative agreements with owners of property within the park of nationally
significant historic or other cultural resources in order to provide for
interpretive exhibits or programs. Such agreements shall provide, whenever
appropriate, that--
(1) the public may have access to such property at specified, reasonable
times for purposes of viewing such property or exhibits, or attending the
programs established by the Secretary under this subsection; and
(2) the Secretary, with the agreement of the property owner, may make
such minor improvements to such property as the Secretary deems necessary
to enhance the public use and enjoyment of such property, exhibits,
and programs.

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(a) IN GENERAL- The Secretary may provide to any owner of property within
the park containing nationally significant historic or cultural resources, in
accordance with cooperative agreements or grant agreements, as appropriate,
such financial and technical assistance to mark, interpret, and restore
non-Federal properties within the park as the Secretary determines
appropriate to carry out the purposes of this Act, provided that--
(1) the Secretary, acting through the National Park Service, shall have
right of access at reasonable times to public portions of the property
covered by such agreement for the purpose of conducting visitors through
such properties and interpreting them to the public; and
(2) no changes or alterations shall be made in such properties except
by mutual agreement between the Secretary and the other parties to the
agreements.
(b) MATCHING FUNDS- Funds authorized to be appropriated to the Secretary
for the purposes of this section shall be expended in the ratio of $1 of
Federal funds for each $4 of funds contributed by non-Federal sources. For
the purposes of this subsection, the Secretary is authorized to accept from
non-Federal sources, and to utilize for purposes of this Act, any money
so contributed. Donations of land, or interests in land, by the State of
Michigan may be considered as a contribution from non-Federal sources for
the purposes of this subsection.

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(a) ESTABLISHMENT AND DUTIES- There is established the Keweenaw National
Historical Park Advisory Commission. The Commission shall--
(1) advise the Secretary in the preparation and implementation of a general
management plan described in section 6;
(2) advise the Secretary on the development of and priorities for
implementing standards and criteria by which the Secretary, pursuant to
agreements referred to in sections 7 and 8, will provide financial as well
as technical assistance to owners of non-Federal properties within the park;
(3) advise the Secretary on the development of rules governing the disbursal
of funds for the development of non-Federal properties;
(4) advise the Secretary with respect to the selection of sites for
interpretation and preservation by means of cooperative agreements pursuant
to section 7;
(5) assist the Secretary in developing policies and programs for the
conservation and protection of the scenic, historical, cultural, natural
and technological values of the park which would complement the purposes
of this Act;
(6) assist the Secretary in coordinating with local governments and the
State of Michigan the implementation of the general management plan,
and furthering the purposes of this Act;
(7) be authorized to carry out historical, educational, or cultural programs
which encourage or enhance appreciation of the historic resources in the
park, surrounding areas, and on the Keweenaw Peninsula; and
(8) be authorized to seek, accept, and dispose of gifts, bequests, or
donations of money, personal property, or services, received from any
source, consistent with the purposes of this Act and the park management.
(b)(1) The Commission may acquire real property, or interests in real
property, to further the purposes of the Act by gift or devise; or, by
purchase from a willing seller with money which was given or bequeathed to
the Commission on the condition that such money would be used to purchase
real property, or interests in real property, to further the purposes of
this Act.
(2) For the purposes of section 170(c) of the Internal Revenue Code of 1986,
any gift to the Commission shall be deemed to be a gift to the United States.
(3) Any real property or interest in real property acquired by the Commission
shall be conveyed by the Commission to the National Park Service or the
appropriate public agency as soon as possible after such acquisition,
without consideration, and on the condition that the real property or
interest in real property so conveyed is used for public purposes.
(4) The value of funds or property, or interests in property, conveyed to
the National Park Service by the Commission may be considered as non-Federal,
at the Commission's discretion.
(c) Membership-
(1) COMPOSITION- The Commission shall be composed of seven members appointed
by the Secretary, of whom--
(A) two members shall be appointed from nominees submitted by the Calumet
Village Council and the Calumet Township Board;
(B) one member shall be appointed from nominees submitted by the Quincy
Township Board and the Franklin Township Board;
(C) one member shall be appointed from nominees submitted by the Houghton
County Board of Commissioners;
(D) one member shall be appointed from nominees submitted by the Governor
of the State of Michigan; and,
(E) two members who are qualified to serve on the Commission because of
their familiarity with National Parks and historic preservation.
(2) CHAIRPERSON- The chairperson of the Commission shall be elected by
the members to serve a term of 3 years.
(3) VACANCIES- A vacancy on the Commission shall be filled in the same
manner in which the original appointment was made.
(4) Terms of service-
(A) IN GENERAL- Each member shall be appointed for a term of 3 years and
may be reappointed not more than three times.
(B) INITIAL MEMBERS- Of the members first appointed under subsection
(b)(1), the Secretary shall appoint--
(i) two members for a term of 1 year;
(ii) two members for a term of 2 years; and
(iii) three members for a term of 3 years.
(5) EXTENDED SERVICE- A member may serve after the expiration of that
member's term until a successor has taken office.
(6) MEETINGS- The Commission shall meet at least quarterly at the call of
the chairperson or a majority of the members of the Commission.
(7) QUORUM- Five members shall constitute a quorum.
(d) COMPENSATION- Members shall serve without pay. Members who are full-time
officers or employees of the United States, the State of Michigan, or any
political subdivision thereof shall receive no additional pay on account
of their service on the Commission.
(e) TRAVEL EXPENSES- While away from their homes or regular places of
business in the performance of services for the Commission, members 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, United States Code.
(f) MAILS- The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies of
the United States.
(g) STAFF- The Commission may appoint and fix the pay of such personnel as
the Commission deems desirable. The Secretary may provide the Commission with
such staff and technical assistance as the Secretary, after consultation
with the Commission, considers appropriate to enable the Commission to
carry out its duties, on a cost reimbursable basis. Upon request of the
Secretary, any Federal agency may provide information, personnel, property,
and services on a reimbursable basis, to the Commission to assist in carrying
out its duties under this section. The Secretary may accept the services of
personnel detailed from the State of Michigan or any political subdivision
of the State and reimburse the State or such political subdivision for such
services. The Commission may procure additional temporary and intermittent
services under section 3109(b) of title 5 of the United States Code,
with funds obtained under section 9(a)(6), or as provided by the Secretary.
(h) HEARINGS- The Commission may, for the purpose of carrying out this
Act, hold such hearings, sit and act at such times and places, take
such testimony, and receive such evidence, as the Commission considers
appropriate. The Commission may not issue subpoenas or exercise any
subpoena authority.

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(a) Except as provided in subsection (b), there are authorized to be
appropriated such sums as may be necessary to carry out this Act, but not
to exceed $5,000,000 for the acquisition of lands and interests therein,
$25,000,000  for development, and $3,000,000 for financial and technical
assistance to owners of non-Federal property as provided in section 8.
(b) There are authorized to be appropriated annually to the Commission
to carry out its duties under this Act, $100,000 except that the Federal
contribution to the Commission shall not exceed 50 percent of the annual
costs to the Commission in carrying out those duties.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Keweenaw National Historical Park Establishment Act

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