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Title 16 — Conservation

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

§ 441k. Acquisition of property for park

Statutory text

(a)

Consent of State or Oglala Sioux Tribe of South Dakota; transfer from Federal agency

Subject to the provisions of subsection (b) hereof, the Secretary of the Interior may, within the boundaries of the park, acquire lands and interests in lands by donation, purchase with donated or appropriated funds, or exchange, except that any lands or interests in lands owned by the State of South Dakota, a political subdivision thereof, or the Oglala Sioux Tribe of South Dakota may be acquired only with the consent of owner. Notwithstanding any other provision of law, lands and interests in lands located within the park under the administrative jurisdiction of any other Federal agency may be transferred to the administrative jurisdiction of the Secretary without a transfer of funds.

(b)

Easements

As to lands located within the boundaries of the park but outside the boundaries of the gunnery range referred to in section 441l of this title, the Secretary of the Interior may acquire only rights-of-way and scenic easements.

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. 90–468 § 2 · 82 Stat. 663

    Enacted · 16 U.S.C. § 441k

    Pub. L. 90–468, § 2, Aug. 8, 1968, 82 Stat. 663

    Source evidence

    Code source credit
    Pub. L. 90–468, § 2, Aug. 8, 1968, 82 Stat. 663

    Enacted provision · exact public law section
    Sec. 2. (a) Subject to the provisions of subsection (b) hereof, the Secretary of the Interior may, within the boundaries of the monument, acquire lands and interests in lands by donation, purchase with donated or appropriated funds, or exchange, except that any lands or interests in lands owned by the State of South Dakota, a political subdivision thereof, or the Oglala Sioux Tribe of South Dakota may be acquired only with the consent of owner. Notwithstanding any other provision of law, lands and interests in lands located within the monument under the administrative jurisdiction of any other Federal agency may be transferred to the administrative jurisdiction of the Secretary without a transfer of funds. (b) As to lands located within the boundaries of the monument but outside the boundaries of the gunnery range referred to in section 3 hereof, the Secretary of the Interior may acquire only rights-of-way and scenic easements.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Change of Name

Word “park” substituted in text for “monument” pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

Credits

1968–1978 · 2 acts
  1. 1968Pub. L. 90–468, § 2, , 82 Stat. 663
  2. 1978Pub. L. 95–625, title VI, § 611, , 92 Stat. 3521.
Show as published

(Pub. L. 90–468, § 2, , 82 Stat. 663; Pub. L. 95–625, title VI, § 611, , 92 Stat. 3521.)

Parsed from the official OLRC USLM XML in data/usc_all/usc16.xml · release point 119-108 · OLRC build 2026-07-16

USLM identifier /us/usc/t16/s441k