16 U.S.C. § 441m — Disposition of excess gunnery range lands and reservation lands; purchase; terms and conditions; life estates and use restrictions

submitted 58 years ago by Pub. L. 90-468 to r/title-16-CONSERVATION · 407 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law extends the gunnery-range land buyback to more former owners. It covers excess Air Force land not yet bought, plus some older relief-program land. Former owners who missed the first round can still buy substitute land or a life estate.

(a) Gunnery range lands; reservation lands. This subsection applies to two groups of land: first, federal land and interests in land inside the Badlands Air Force gunnery range that sit outside the park, have been declared excess by the Air Force, and were not bought by former owners under section 441l(b); and second, land the United States acquired under the National Industrial Recovery Act of 1933 and later relief laws, located within the Pine Ridge Indian Reservation, whose administration moved from the Secretary of Agriculture to the Secretary of the Interior by Executive Order 7868 (April 15, 1938). Both groups of land are governed by the rest of this section. (b) Purchases. A former Indian owner of land inside the gunnery range, outside the park, whose land had not yet been declared excess to Air Force needs as of August 8, 1968, may — within the same deadline described in section 441l(b)(5) — choose either: (i) to buy an available tract of land described in subsection (a), of roughly the same value as their old land, or (ii) to wait and buy back their own former tract once it is declared excess and transferred to the Secretary of the Interior under section 441l(a). (c) Life estates and use restrictions. A former Indian owner of land inside the park boundaries — land that was originally acquired for the gunnery range, and that gets transferred to the Secretary of the Interior under section 441k — may, within that same deadline, choose either: (i) to receive a life estate in that tract from the Secretary at no cost, subject to whatever use restrictions apply to the park generally, or (ii) to instead buy an available substitute tract of roughly equal value, as described in subsection (a). (d) Purchase restrictions. Any purchase made under subsection (b), or under option (ii) of subsection (c), must follow the same payment terms set out in section 441l(b).

the actual law source: uscode.house.gov ↗public domain

(a) Gunnery range lands; reservation lands

All Federal lands and interests in lands within the Badlands Air Force gunnery range that are outside the boundaries of the park, and that have been declared excess to the needs of the Department of the Air Force, and that are not purchased by former owners under section 441l(b) of this title, and all lands that have been acquired by the United States under authority of title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), and subsequent relief Acts, situated within the Pine Ridge Indian Reservation, administrative jurisdiction over which has heretofore been transferred by the President from the Secretary of Agriculture to the Secretary of the Interior by Executive Order Numbered 7868, dated April 15, 1938, shall be subject to the following provisions of this section.

(b) Purchases

Any former Indian owner of land that is within the Badlands Air Force gunnery range and outside the boundaries of the park and that has not been declared excess to the needs of the Department of the Air Force on August 8, 1968, may, within the period specified in section 441l(b)(5) of this title, elect (i) to purchase an available tract of land described in subsection (a) of substantially the same value, or (ii) to purchase the tract formerly owned by him at such time as such tract is declared excess and transferred to the Secretary of the Interior as provided in section 441l(a) of this title.

Any former Indian owner of a tract of land within the boundaries of the park that was acquired by the United States for the Badlands Air Force gunnery range, and that is transferred to the Secretary of the Interior pursuant to section 441k of this title, may, within the period specified in section 441l(b)(5) of this title, elect (i) to acquire from the Secretary of the Interior a life estate in such tract at no cost, subject to restrictions on use that may be prescribed in regulations applicable to the park, or (ii) to purchase an available tract of land described in subsection (a) of substantially the same value.

(d) Purchase restrictions

Purchases under subsection (b) and clause (ii) of subsection (c) of this section shall be made on the terms provided in section 441l(b) of this title.

Source credit: (Pub. L. 90–468, § 4, Aug. 8, 1968, 82 Stat. 664; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)

history & why it existsrecord from the source credit

1968Enacted · Pub. L. 90-468 · 82 Stat. 664
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.

all 0 arguments · sorted by: best

no arguments yet — make the first case