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Title 16 — Conservation

Chapter 1 — National Parks, Military Parks, Monuments, and Seashores

§ 160b. Land acquisitions

Statutory text

(a)

Authorization

(1)

In general

The Secretary may acquire lands or interests therein within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange.

(2)

Certain portions of tracts

(A)

In general

In any case in which only a portion of a tract of land is within the boundaries of the park, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs.

(B)

Exchange

(i)

In general

Any land acquired pursuant to subparagraph (A) outside of the park boundaries may be exchanged by the Secretary for non-Federal lands within the park boundaries.

(ii)

Portions not exchanged

Any portion of land acquired outside the park boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(C)

Transfers of Federal property

Any Federal property located within the boundaries of the park may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the park.

(D)

Administrative jurisdiction

Effective beginning on , there is transferred to the National Park Service administrative jurisdiction over—

(i)

any land managed by the Bureau of Land Management within the boundaries of the park, as depicted on the map described in section 160a–1(a) of this title; and

(ii)

any additional public land identified by the Bureau of Land Management as appropriate for transfer within the boundaries of the park.

(E)

Land owned by State

(i)

Donations and exchanges

Any land located within or adjacent to the boundaries of the park that is owned by the State of Minnesota (or a political subdivision of the State) may be acquired by the Secretary only through donation or exchange.

(ii)

Revision

On completion of an acquisition from the State under clause (i), the Secretary shall revise the boundaries of the park to reflect the acquisition.

(b)

Offers by individuals

In exercising the authority to acquire property under this section, the Secretary shall give immediate and careful consideration to any offer made by any individual owning property within the park area to sell such property to the Secretary. In considering such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring his property.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 91–661 § 201 · 84 Stat. 1970

    Enacted · 16 U.S.C. § 160b

    Pub. L. 91–661, § 201, Jan. 8, 1971, 84 Stat. 1970

    Source evidence

    Code source credit
    Pub. L. 91–661, § 201, Jan. 8, 1971, 84 Stat. 1970

    Enacted provision · exact public law section
    Sec. 201. land acquisition (a) The Secretary may acquire lands or interests therein within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the park boundaries may be exchanged by the Secretary for non-Federal lands within the park boundaries. Any portion of land acquired outside the park boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under the Federal Property and Administrative Services Act of 1949 (63 Stat. 3 77), as 40 USC 471 note. amended. Any Federal property located within the boundaries of the park may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the park. Lands within the boundaries of the park owned by the State of Minnesota, or any political subdivision thereof, may be acquired only by donation. (b) In exercising his authority to acquire property under this section, the Secretary shall give immediate and careful consideration to any offer made by any individual owning property within the park area to sell such property to the Secretary. In considering such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring his property.

  2. John D. Dingell, Jr. Conservation, Management, and Recreation Act

    Pub. L. 116–9 § 2107(b)(1) · 133 Stat. 580

    Inserted · 16 U.S.C. § 160b

    Pub. L. 116–9, § 2107(b)(1), inserted section catchline

    Source evidence

    Code amendment note
    Pub. L. 116–9, § 2107(b)(1), inserted section catchline.

    Enacted provision · exact public law section
    (1) by striking the section designation and heading and all that follows through “(a) The Secretary” and inserting the following: “SEC. 201. LAND ACQUISITIONS. “(a) Authorization.— “(1) In general.— The Secretary” ;

  3. John D. Dingell, Jr. Conservation, Management, and Recreation Act

    Pub. L. 116–9 § 2107(b)(1) · 133 Stat. 580

    1. Inserted · 16 U.S.C. § 160b(a)

      Pub. L. 116–9, § 2107(b)(1), (2), inserted subsec. heading and in six sentences of existing provisions: designated first sentence as par. (1)

    2. Inserted · 16 U.S.C. § 160b(a)

      Pub. L. 116–9, § 2107(b)(1), (2), inserted heading; designated second to fifth sentences collectively as par. (2) and individually as subpars. (A), (B)(i), (B)(ii), and (C) of par. (2), respectively

    3. Inserted · 16 U.S.C. § 160b(a)

      Pub. L. 116–9, § 2107(b)(1), (2), inserted par., subpar., and cl. headings;

    4. Struck · 16 U.S.C. § 160b(a)

      Pub. L. 116–9, § 2107(b)(1), (2), struck out sixth sentence which read as follows: “Lands within the boundaries of the park owned by the State of Minnesota, or any political subdivision thereof, may be acquired only by donation.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–9, § 2107(b)(1), (2), inserted subsec. heading and in six sentences of existing provisions: designated first sentence as par. (1) and inserted heading; designated second to fifth sentences collectively as par. (2) and individually as subpars. (A), (B)(i), (B)(ii), and (C) of par. (2), respectively, and inserted par., subpar., and cl. headings; and struck out sixth sentence which read as follows: “Lands within the boundaries of the park owned by the State of Minnesota, or any political subdivision thereof, may be acquired only by donation.”

    Enacted provision · exact public law section
    (1) by striking the section designation and heading and all that follows through “(a) The Secretary” and inserting the following: “SEC. 201. LAND ACQUISITIONS. “(a) Authorization.— “(1) In general.— The Secretary” ;

  4. John D. Dingell, Jr. Conservation, Management, and Recreation Act

    Pub. L. 116–9 § 2107(b)(2)(A) · 133 Stat. 580

    Substituted · 16 U.S.C. § 160b(a)(2)(A)

    Pub. L. 116–9, § 2107(b)(2)(A), substituted “In any case in which only a portion of a tract of land is within the boundaries of the park” for “When any tract of land is only partly within such boundaries”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 116–9, § 2107(b)(2)(A), substituted “In any case in which only a portion of a tract of land is within the boundaries of the park” for “When any tract of land is only partly within such boundaries”.

    Enacted provision · exact public law section
    (A) in the second sentence, by striking “When any tract of land is only partly within such boundaries” and inserting the following: “(2) Certain portions of tracts.— “(A) In general.— In any case in which only a portion of a tract of land is within the boundaries of the park” ;

  5. John D. Dingell, Jr. Conservation, Management, and Recreation Act

    Pub. L. 116–9 § 2107(b)(2)(B) · 133 Stat. 580

    Substituted · 16 U.S.C. § 160b(a)(2)(B)(i)

    Pub. L. 116–9, § 2107(b)(2)(B), substituted “Any land acquired pursuant to subparagraph (A)” for “Land so acquired”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i). Pub. L. 116–9, § 2107(b)(2)(B), substituted “Any land acquired pursuant to subparagraph (A)” for “Land so acquired”.

    Enacted provision · exact public law section
    (B) in the third sentence, by striking “Land so acquired” and inserting the following: “(B) Exchange.— “(i) In general.— Any land acquired pursuant to subparagraph (A)” ;

  6. John D. Dingell, Jr. Conservation, Management, and Recreation Act

    Pub. L. 116–9 § 2107(b)(2)(E) · 133 Stat. 580

    Added · 16 U.S.C. § 160b(a)(2)(D); 16 U.S.C. § 160b(a)(2)(E)

    Pub. L. 116–9, § 2107(b)(2)(E), added subpars. (D) and (E)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D), (E). Pub. L. 116–9, § 2107(b)(2)(E), added subpars. (D) and (E).

    Enacted provision · exact public law section
    (E) by striking the last sentence and inserting the following: “(D) Administrative jurisdiction.— Effective beginning on the date of enactment of this subparagraph, there is transferred to the National Park Service administrative jurisdiction over— “(i) any land managed by the Bureau of Land Management within the boundaries of the park, as depicted on the map described in section 102(a); and “(ii) any additional public land identified by the Bureau of Land Management as appropriate for transfer within the boundaries of the park. “(E) Land owned by state.— “(i) Donations and exchanges.— Any land located within or adjacent to the boundaries of the park that is owned by the State of Minnesota (or a political subdivision of the State) may be acquired by the Secretary only through donation or exchange. “(ii) Revision.— On completion of an acquisition from the State under clause (i), the Secretary shall revise the boundaries of the park to reflect the acquisition.” ; and

  7. John D. Dingell, Jr. Conservation, Management, and Recreation Act

    Pub. L. 116–9 § 2107(b)(3) · 133 Stat. 580

    1. Inserted · 16 U.S.C. § 160b(b)

      Pub. L. 116–9, § 2107(b)(3), inserted heading

    2. Substituted · 16 U.S.C. § 160b(b)

      Pub. L. 116–9, § 2107(b)(3), substituted “the authority” for “his authority”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–9, § 2107(b)(3), inserted heading and substituted “the authority” for “his authority”.

    Enacted provision · exact public law section
    (3) in subsection (b), by striking “(b) In exercising his” and inserting the following: “(b) Offers by Individuals.— In exercising the” .

11 of 11 references resolved to an enrolled provision

Editorial Notes

Codification

In subsec. (a), “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended” on authority of Pub. L. 107–217, § 5(c), , 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), , 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

2019—Pub. L. 116–9, § 2107(b)(1), inserted section catchline.

Subsec. (a). Pub. L. 116–9, § 2107(b)(1), (2), inserted subsec. heading and in six sentences of existing provisions: designated first sentence as par. (1) and inserted heading; designated second to fifth sentences collectively as par. (2) and individually as subpars. (A), (B)(i), (B)(ii), and (C) of par. (2), respectively, and inserted par., subpar., and cl. headings; and struck out sixth sentence which read as follows: “Lands within the boundaries of the park owned by the State of Minnesota, or any political subdivision thereof, may be acquired only by donation.”

Subsec. (a)(2)(A). Pub. L. 116–9, § 2107(b)(2)(A), substituted “In any case in which only a portion of a tract of land is within the boundaries of the park” for “When any tract of land is only partly within such boundaries”.

Subsec. (a)(2)(B)(i). Pub. L. 116–9, § 2107(b)(2)(B), substituted “Any land acquired pursuant to subparagraph (A)” for “Land so acquired”.

Subsec. (a)(2)(D), (E). Pub. L. 116–9, § 2107(b)(2)(E), added subpars. (D) and (E).

Subsec. (b). Pub. L. 116–9, § 2107(b)(3), inserted heading and substituted “the authority” for “his authority”.

Credits

1971–2019 · 2 acts
  1. 1971Pub. L. 91–661, § 201, , 84 Stat. 1970
  2. 2019Pub. L. 116–9, title II, § 2107(b), , 133 Stat. 727.
Show as published

(Pub. L. 91–661, § 201, , 84 Stat. 1970; Pub. L. 116–9, title II, § 2107(b), , 133 Stat. 727.)

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USLM identifier /us/usc/t16/s160b