81_FR_60547 81 FR 60377 - Change of Jurisdiction-National Park Service Units Within the Commonwealth of Kentucky

81 FR 60377 - Change of Jurisdiction-National Park Service Units Within the Commonwealth of Kentucky

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 81, Issue 170 (September 1, 2016)

Page Range60377-60377
FR Document2016-21098

On behalf of the United States, the National Park Service accepted exclusive jurisdiction from the Commonwealth of Kentucky over certain lands and waters administered by the National Park Service within Mammoth Cave National Park. The National Park Service also accepted concurrent jurisdiction between the United States and the Commonwealth of Kentucky on certain lands and waters administered by the National Park Service within Abraham Lincoln National Historic Site, Cumberland Gap National Historical Park, and Fort Donelson National Battlefield.

Federal Register, Volume 81 Issue 170 (Thursday, September 1, 2016)
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Notices]
[Page 60377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21098]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-21656; PX.XVPAD0522.0.1]


Change of Jurisdiction--National Park Service Units Within the 
Commonwealth of Kentucky

AGENCY: National Park Service, Interior.

ACTION: Notice of change in jurisdiction.

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SUMMARY: On behalf of the United States, the National Park Service 
accepted exclusive jurisdiction from the Commonwealth of Kentucky over 
certain lands and waters administered by the National Park Service 
within Mammoth Cave National Park. The National Park Service also 
accepted concurrent jurisdiction between the United States and the 
Commonwealth of Kentucky on certain lands and waters administered by 
the National Park Service within Abraham Lincoln National Historic 
Site, Cumberland Gap National Historical Park, and Fort Donelson 
National Battlefield.

DATES: Effective Date: Exclusive jurisdiction on certain lands and 
waters within Mammoth Cave National Park became effective on December 
7, 2015. Concurrent jurisdiction on certain lands and waters of Abraham 
Lincoln National Historic Site, Cumberland Gap National Historical 
Park, and Fort Donelson National Battlefield became effective on July 
28, 2016.

FOR FURTHER INFORMATION CONTACT: Jonathan Pierce, National Park 
Service, Southeast Region, 100 Alabama Street SW., 1924 Building, 
Atlanta, GA 30303. Phone: 404-507-5726.

SUPPLEMENTARY INFORMATION:

Exclusive Jurisdiction

    Mammoth Cave National Park (MACA) was created by Congress in 1926. 
In 1930, the Commonwealth of Kentucky ceded to the United States 
exclusive jurisdiction over all lands and waters acquired by the United 
States for MACA, effective when the United States accepted such 
jurisdiction by statute on June 5, 1942. By Kentucky law, the cession 
and acceptance was limited to lands owned by the United States. On July 
2, 1986, the Director of the National Park Service (NPS) notified the 
Governor of Kentucky that he was accepting exclusive jurisdiction over 
lands and waters acquired by the United States within MACA between 1942 
and 1986.
    Since July 2, 1986, the United States has acquired additional lands 
for MACA. Accordingly, in a letter dated May 21, 2014, the Director of 
the NPS notified the Governor of the Commonwealth of Kentucky that he 
formally accepted on behalf of NPS exclusive jurisdiction over lands 
and waters within the legislated boundaries of MACA, that were acquired 
by the U.S. Government after July 2, 1986. Exclusive jurisdiction over 
these lands was established by the Governor's acknowledgement of 
receipt of the letter on December 7, 2015.
    For the lands within MACA whereby exclusive jurisdiction had been 
accepted in 1942 and 1986, that acceptance remains in effect.

Concurrent Jurisdiction

    On April 19, 1994, upon application by the NPS, the Governor of the 
Commonwealth of Kentucky signed Executive Order 94-355 (E.O.), ceding 
legislative jurisdiction on lands owned by the United States within 
Abraham Lincoln Birthplace National Historic Site (ABLI), Big South 
Fork National River and Recreation Area (BISO), and Cumberland Gap 
National Historical Park (CUGA). The Director of the NPS accepted the 
cession as required by Federal law. Part IV of the E.O. provided that, 
in the event of an alteration of the descriptions of the lands, the NPS 
would transmit new descriptions to be annexed to the E.O.
    Since April 19, 1994, the United States has acquired additional 
lands in Kentucky within the legislated boundaries of ABLI and CUGA. 
Further, an additional unit of the National Park System, Fort Donelson 
National Battlefield (FODO; Fort Heiman Unit), has been established in 
the Commonwealth of Kentucky. To bring these NPS administered lands 
under concurrent legislative jurisdiction, it was necessary to update 
the E.O. of April 19, 1994.
    Therefore, the Commonwealth of Kentucky through signature on a 
cession instrument by the Governor ceded to the United States such 
measure of jurisdiction as necessary to effectuate a status of 
concurrent legislative jurisdiction for purposes of criminal law 
enforcement on these acquired lands within ABLI, CUGA, and FODO.
    This cession is limited to lands within each of the above-listed 
units which were acquired since April 19, 1994. The NPS, acting through 
the Director, formally accepted the described cession of concurrent 
jurisdiction, through his signature on the cession instrument. 
Concurrent legislative jurisdiction became effective with entry of the 
cession instrument upon the Executive Journal for the Commonwealth of 
Kentucky on July 28, 2016.
    For all other NPS administered lands within these units whereby 
concurrent legislative jurisdiction had been ceded in 1994, that 
cession remains in effect.

    Dated: August 23, 2016.
Michael T. Reynolds,
Acting Director, National Park Service.
[FR Doc. 2016-21098 Filed 8-31-16; 8:45 am]
 BILLING CODE 4312-EJ-P



                                                                              Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices                                                 60377

                                                    contract and pending the completion of                  Exclusive Jurisdiction                                was necessary to update the E.O. of
                                                    the public solicitation of a prospectus                   Mammoth Cave National Park                          April 19, 1994.
                                                    for a new concession contract, the                                                                              Therefore, the Commonwealth of
                                                                                                            (MACA) was created by Congress in
                                                    National Park Service authorizes the                                                                          Kentucky through signature on a cession
                                                                                                            1926. In 1930, the Commonwealth of
                                                    extension of visitor services under the                                                                       instrument by the Governor ceded to the
                                                                                                            Kentucky ceded to the United States
                                                    terms and conditions of the current                                                                           United States such measure of
                                                                                                            exclusive jurisdiction over all lands and
                                                    contract as amended. The extension of                                                                         jurisdiction as necessary to effectuate a
                                                                                                            waters acquired by the United States for
                                                    operations does not affect any rights                                                                         status of concurrent legislative
                                                                                                            MACA, effective when the United States
                                                    with respect to selection for award of a                                                                      jurisdiction for purposes of criminal law
                                                                                                            accepted such jurisdiction by statute on
                                                    new concession contract. The                                                                                  enforcement on these acquired lands
                                                                                                            June 5, 1942. By Kentucky law, the                    within ABLI, CUGA, and FODO.
                                                    publication of this notice merely reflects              cession and acceptance was limited to
                                                    the intent of the National Park Service                                                                         This cession is limited to lands within
                                                                                                            lands owned by the United States. On                  each of the above-listed units which
                                                    but does not bind the National Park                     July 2, 1986, the Director of the National
                                                    Service to extend the contract identified                                                                     were acquired since April 19, 1994. The
                                                                                                            Park Service (NPS) notified the                       NPS, acting through the Director,
                                                    above.                                                  Governor of Kentucky that he was                      formally accepted the described cession
                                                      Dated: August 11, 2016.                               accepting exclusive jurisdiction over                 of concurrent jurisdiction, through his
                                                    Lena McDowall,                                          lands and waters acquired by the United               signature on the cession instrument.
                                                    Chief Financial Officer.                                States within MACA between 1942 and                   Concurrent legislative jurisdiction
                                                    [FR Doc. 2016–21101 Filed 8–31–16; 8:45 am]             1986.                                                 became effective with entry of the
                                                    BILLING CODE 4312–53–P
                                                                                                              Since July 2, 1986, the United States               cession instrument upon the Executive
                                                                                                            has acquired additional lands for                     Journal for the Commonwealth of
                                                                                                            MACA. Accordingly, in a letter dated                  Kentucky on July 28, 2016.
                                                    DEPARTMENT OF THE INTERIOR                              May 21, 2014, the Director of the NPS                   For all other NPS administered lands
                                                                                                            notified the Governor of the                          within these units whereby concurrent
                                                    National Park Service                                   Commonwealth of Kentucky that he                      legislative jurisdiction had been ceded
                                                                                                            formally accepted on behalf of NPS                    in 1994, that cession remains in effect.
                                                    [NPS–WASO–21656; PX.XVPAD0522.0.1]                      exclusive jurisdiction over lands and
                                                                                                                                                                   Dated: August 23, 2016.
                                                                                                            waters within the legislated boundaries
                                                    Change of Jurisdiction—National Park                    of MACA, that were acquired by the                    Michael T. Reynolds,
                                                    Service Units Within the                                U.S. Government after July 2, 1986.                   Acting Director, National Park Service.
                                                    Commonwealth of Kentucky                                Exclusive jurisdiction over these lands               [FR Doc. 2016–21098 Filed 8–31–16; 8:45 am]
                                                                                                            was established by the Governor’s                     BILLING CODE 4312–EJ–P
                                                    AGENCY: National Park Service, Interior.                acknowledgement of receipt of the letter
                                                    ACTION: Notice of change in jurisdiction.               on December 7, 2015.
                                                                                                              For the lands within MACA whereby                   DEPARTMENT OF THE INTERIOR
                                                    SUMMARY:   On behalf of the United                      exclusive jurisdiction had been
                                                    States, the National Park Service                                                                             National Park Service
                                                                                                            accepted in 1942 and 1986, that
                                                    accepted exclusive jurisdiction from the                acceptance remains in effect.                         [NPS–WASO–NAGPRA–21728;
                                                    Commonwealth of Kentucky over                                                                                 PPWOCRADN0–PCU00RP14.R50000]
                                                    certain lands and waters administered                   Concurrent Jurisdiction
                                                    by the National Park Service within                       On April 19, 1994, upon application                 Notice of Inventory Completion:
                                                    Mammoth Cave National Park. The                         by the NPS, the Governor of the                       Tennessee Valley Authority, Knoxville,
                                                    National Park Service also accepted                     Commonwealth of Kentucky signed                       TN
                                                    concurrent jurisdiction between the                     Executive Order 94–355 (E.O.), ceding                 AGENCY:   National Park Service, Interior.
                                                    United States and the Commonwealth of                   legislative jurisdiction on lands owned               ACTION:   Notice.
                                                    Kentucky on certain lands and waters                    by the United States within Abraham
                                                    administered by the National Park                       Lincoln Birthplace National Historic                  SUMMARY:   The Tennessee Valley
                                                    Service within Abraham Lincoln                          Site (ABLI), Big South Fork National                  Authority (TVA) has completed an
                                                    National Historic Site, Cumberland Gap                  River and Recreation Area (BISO), and                 inventory of human remains and
                                                    National Historical Park, and Fort                      Cumberland Gap National Historical                    associated funerary objects in
                                                    Donelson National Battlefield.                          Park (CUGA). The Director of the NPS                  consultation with the appropriate
                                                    DATES: Effective Date: Exclusive                        accepted the cession as required by                   federally recognized Indian tribes, and
                                                    jurisdiction on certain lands and waters                Federal law. Part IV of the E.O. provided             has determined that a cultural affiliation
                                                    within Mammoth Cave National Park                       that, in the event of an alteration of the            between the human remains and
                                                    became effective on December 7, 2015.                   descriptions of the lands, the NPS                    associated funerary objects and any
                                                    Concurrent jurisdiction on certain lands                would transmit new descriptions to be                 present-day federally recognized Indian
                                                    and waters of Abraham Lincoln                           annexed to the E.O.                                   tribes cannot be reasonably traced.
                                                    National Historic Site, Cumberland Gap                    Since April 19, 1994, the United                    Representatives of any federally
                                                    National Historical Park, and Fort                      States has acquired additional lands in               recognized Indian tribe not identified in
                                                                                                            Kentucky within the legislated                        this notice that wish to request transfer
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                                                    Donelson National Battlefield became
                                                    effective on July 28, 2016.                             boundaries of ABLI and CUGA. Further,                 of control of these human remains and
                                                                                                            an additional unit of the National Park               associated funerary objects should
                                                    FOR FURTHER INFORMATION CONTACT:                        System, Fort Donelson National                        submit a written request to TVA. If no
                                                    Jonathan Pierce, National Park Service,                 Battlefield (FODO; Fort Heiman Unit),                 additional requestors come forward,
                                                    Southeast Region, 100 Alabama Street                    has been established in the                           transfer of control of the human remains
                                                    SW., 1924 Building, Atlanta, GA 30303.                  Commonwealth of Kentucky. To bring                    and associated funerary objects to the
                                                    Phone: 404–507–5726.                                    these NPS administered lands under                    federally recognized Indian tribe stated
                                                    SUPPLEMENTARY INFORMATION:                              concurrent legislative jurisdiction, it               in this notice may proceed.


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Document Created: 2018-02-09 11:57:07
Document Modified: 2018-02-09 11:57:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of change in jurisdiction.
DatesEffective Date: Exclusive jurisdiction on certain lands and waters within Mammoth Cave National Park became effective on December 7, 2015. Concurrent jurisdiction on certain lands and waters of Abraham Lincoln National Historic Site, Cumberland Gap National Historical Park, and Fort Donelson National Battlefield became effective on July 28, 2016.
ContactJonathan Pierce, National Park Service, Southeast Region, 100 Alabama Street SW., 1924 Building, Atlanta, GA 30303. Phone: 404-507-5726.
FR Citation81 FR 60377 

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