Title 16 — Conservation
Chapter 1 — National Parks, Military Parks, Monuments, and Seashores
§ 160b. Land acquisitions
Statutory text
Authorization
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.
Certain portions of tracts
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.
Exchange
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.
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.
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.
Administrative jurisdiction
Effective beginning on , there is transferred to the National Park Service administrative jurisdiction over—
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
any additional public land identified by the Bureau of Land Management as appropriate for transfer within the boundaries of the park.
Land owned by State
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.
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.
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.
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. 1970Enacted 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.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” ;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(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)
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
Inserted · 16 U.S.C. § 160b(a)
Pub. L. 116–9, § 2107(b)(1), (2), inserted par., subpar., and cl. headings;
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” ;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” ;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)” ;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.” ; andJohn D. Dingell, Jr. Conservation, Management, and Recreation Act
Pub. L. 116–9 § 2107(b)(3) · 133 Stat. 580
Inserted · 16 U.S.C. § 160b(b)
Pub. L. 116–9, § 2107(b)(3), inserted heading
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
Show as published
(Pub. L. 91–661, § 201, , 84 Stat. 1970; Pub. L. 116–9, title II, § 2107(b), , 133 Stat. 727.)