16 U.S.C. § 441k — Acquisition of property for park
submitted 58 years ago by Pub. L. 90-468 to r/title-16-CONSERVATION · 167 words · no verdicts yet
This law lets the Interior Secretary get land for Badlands park. The Secretary can acquire park land by donation, purchase, or exchange. State and tribal land, though, can only be acquired with the owner's consent.
(a) Consent of State or Oglala Sioux Tribe of South Dakota; transfer from Federal agency. Subject to subsection (b), the Secretary of the Interior may acquire lands and interests in lands within the park's boundaries — by donation, by purchase using donated or appropriated money, or by exchange. There's an exception: any land or interest in land owned by the State of South Dakota, one of its political subdivisions, or the Oglala Sioux Tribe of South Dakota, can only be acquired with that owner's consent.
Separately, no matter what any other law says, land within the park that is under the administrative control of some other federal agency can be transferred to the Secretary of the Interior's control without any transfer of funds needing to happen.
(b) Easements. For land that's inside the park's boundaries but outside the boundaries of the gunnery range described in section 441l, the Secretary of the Interior is limited in what can be acquired: only rights-of-way and scenic easements — not full ownership of the land itself.
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.
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.
Source credit: (Pub. L. 90–468, § 2, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
- 1968Enacted · Pub. L. 90-468 · 82 Stat. 663
- 1978Amended · Pub. L. 95-625 · 92 Stat. 3521
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-468 on 1968-08-08.
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