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16 U.S.C. § 160a–1Boundaries

submitted 55 years ago by Pub. L. 91-661 to r/title-16-CONSERVATION · 829 words · no verdicts yet

in plain englishAI-generated · not legal advice

Voyageurs National Park's boundary follows a specific 2009 map, which the Secretary of the Interior can update over time. Congress also approved five specific land swaps between the park and Minnesota. If Minnesota breaks its side of the deal, its land reverts back to the park.

(a) Lands and waters included; legal description; revision: Except as subsection (b) allows, the park includes the land and water shown on a specific map — "Voyageurs National Park, Proposed Land Transfer & Boundary Adjustment," numbered 172/80,056, dated June 2009 (22 sheets) — kept on file at the National Park Service. Within one year of the state and local governments donating their land within the park, the Secretary must add an exact legal description of the boundary to this map. The Secretary can revise the park's boundary later by publishing a new map or description in the Federal Register, but can never grow the park by more than 1,000 acres through these revisions. (b) Additional revisions; procedures applicable; failure to comply with procedures: (1) The Secretary may also make five specific boundary changes, using the same process as subsection (a): (A) removing about 782 acres in the Neil Point area; (B) adding about 180 acres in the Black Bay Narrows area; (C) adding about 18.45 acres the State of Minnesota owns at the Kabetogama Forestry Station; (D) adding about 120 acres of state-owned land forming a strip along an unimproved road north of Ash River Trail; and (E) — subject to paragraph (2) — removing about 1,000 acres at Black Bay and giving that land to Minnesota. All these changes must match a specific 1981 boundary drawing kept on file at the National Park Service. (2) The Secretary can only remove and convey the Black Bay land in (1)(E) if Minnesota, before or at the same time, does two things: (A) transfers the land described in (1)(C) and (D) to the United States (by lease, easement, or better) — if it's only a lease or easement, Minnesota must convert it to full ownership by June 30, 1987, or that Black Bay land reverts to the park; and (B) signs a recordable agreement promising that: (i) Minnesota has created a wildlife management area on the land it received; (ii) Minnesota has a Secretary-approved plan to manage the waters and state land around Black Bay (including all of Rainy Lake's state-owned parts) to support the park's purposes; (iii) Minnesota won't transfer that land to anyone except the Secretary; and (iv) Minnesota will let the Secretary access that land at reasonable times. (3) If Minnesota ever breaks the material terms of that agreement, the Black Bay land reverts back to the United States as part of the park. This reversion happens automatically once the Secretary delivers notice of the violation to Minnesota — unless Minnesota challenges it in the appropriate U.S. Court of Appeals within 90 days of that notice, in which case the court can issue whatever orders are appropriate.
the actual law source: uscode.house.gov ↗public domain
(a) Lands and waters included; legal description; revision

Except as provided in subsection (b) of this section, the park shall include the lands and waters within the boundaries as generally depicted on the map entitled “Voyageurs National Park, Proposed Land Transfer & Boundary Adjustment”, numbered 172/80,056, and dated June 2009 (22 sheets), which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. Within one year after acquisition of the lands owned by the State of Minnesota and its political subdivisions within the boundaries of the park the Secretary shall affix to such map an exact legal description of said boundaries. The Secretary may revise the boundaries of the park from time to time by publishing in the Federal Register a revised map or other boundary description, but such revisions shall not increase the land acreage within the park by more than one thousand acres.

(b) Additional revisions; procedures applicable; failure to comply with procedures
(1)

In addition to such revisions as the Secretary may make in the boundaries of the park from time to time pursuant to other provisions of law, the Secretary may, according to the provisions of subsection (a)—

(A)

delete approximately 782 acres in the Neil Point area of the park;

(B)

add approximately 180 acres in the Black Bay Narrows areas of the park;

(C)

add approximately 18.45 acres owned by the State of Minnesota at the Kabetogama Forestry Station;

(D)

add approximately 120 acres owned by the State of Minnesota, being a strip of land through that portion of section 1, township 68 north, range 20 west, fourth principal meridian, which is parallel to and 400 feet on both sides of the unimproved road extending northward from the Ash River Trail as such road crosses each section; and

(E)

subject to the provisions of paragraph (2), delete approximately 1,000 acres at Black Bay and convey such lands to the State of Minnesota.

All of the aforementioned boundary changes if accomplished shall be accomplished such that the boundary of the park shall conform to that generally depicted on the drawing entitled “Boundary, Voyageurs National Park, United States Department of the Interior, National Park Service”, numbered 172–80, 008–MWR, and dated November 1981, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

(2)

The Secretary may not delete or convey the lands referred to in paragraph (1)(E) unless, prior to or simultaneously with such deletion or conveyance and in consideration of such conveyance, the State of Minnesota—

(A)

tenders a conveyance of the lands described in subparagraphs (C) and (D) of paragraph (1) to the United States by such instrument and in such manner as are satisfactory to the Secretary, including but not limited to lease or easement: Provided, That if the interest conveyed is a lease or easement, the State of Minnesota shall substitute therefore a transfer of all right, title, and interest in the land by June 30, 1987: Provided further, That if the State does not transfer all right, title, and interest in such lands by June 30, 1987, the land described in paragraph (1)(E) shall revert to the United States for administration by the Secretary as part of the park; and

(B)

enters into a recordable agreement satisfactory to the Secretary which provides that—

(i)

the State has established a wildlife management area in the area authorized to be deleted and conveyed to the State by paragraph (1)(E);

(ii)

the State has prepared a plan acceptable to the Secretary to manage all the waters of and State lands riparian to Black Bay (including all of the State-owned lands and waters of Rainy Lake) to preserve the natural resources of the area so as to complement to the fullest extent possible the purposes for which the park was established;

(iii)

the State shall not transfer any right, title, or interest in, or control over, any land described in paragraph (1)(E) to any person other than the Secretary; and

(iv)

the State shall permit access by the Secretary at reasonable times to the land described in paragraph (1)(E).

(3)

If at any time the State fails to comply with the material requirements of the agreement referred to in paragraph (2)(B), all right, title, and interest in the land described in paragraph (1)(E) shall revert to the United States for administration by the Secretary as part of the park. Such reversion shall take effect upon the delivery by the Secretary of notice to the State respecting such failure to comply without further notice or requirement for physical entry by the Secretary unless an action for judicial review is brought in the United States Court of Appeals for the appropriate circuit within ninety days following such notice. In any such action the court may issue such orders as are appropriate to carry out the requirements of this subsection.

Source credit: (Pub. L. 91–661, § 102, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 97–405, § 1(1), (2), Jan. 3, 1983, 96 Stat. 2028; Pub. L. 116–9, title II, § 2107(a), Mar. 12, 2019, 133 Stat. 727.)

history & why it existsrecord from the source credit
  • 1971Enacted · Pub. L. 91-661 · 84 Stat. 1970
  • 1983Amended · Pub. L. 97-405 · 96 Stat. 2028
  • 2019Amended · Pub. L. 116-9 · 133 Stat. 727

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-661 on 1971-01-08.

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