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16 U.S.C. § 160bLand acquisitions

submitted 55 years ago by Pub. L. 91-661 to r/title-16-CONSERVATION · 413 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can buy, trade, or accept donated land for Voyageurs National Park. If only part of a tract sits inside the park, the Secretary can buy the rest too, and later trade it. Federal land inside the park automatically transfers to the National Park Service.

(a) Authorization: (1) In general: The Secretary may acquire land or interests in land within the park's boundary by donation, purchase (with donated or appropriated money), or exchange. (2) Certain portions of tracts: (A) In general: If only part of a tract sits within the park boundary, the Secretary can also buy the rest of that tract lying outside the boundary, to avoid paying "severance" costs (the extra cost of splitting a tract). (B) Exchange: (i) Land bought this way, outside the park, can later be traded for non-federal land that's inside the park. (ii) Any part not used in a trade must instead be reported to the General Services Administration for disposal under the usual federal property-disposal rules. (C) Transfers of Federal property: Any federal land within the park's boundary can be transferred, at no cost, to the Secretary's jurisdiction for park purposes. (D) Administrative jurisdiction: As of March 12, 2019, jurisdiction transfers automatically to the National Park Service over: (i) land the Bureau of Land Management manages within the park's boundary, as shown on the map described in section 160a–1(a); and (ii) any other public land the Bureau of Land Management identifies as appropriate to transfer within the park. (E) Land owned by State: (i) The Secretary can only acquire land within or next to the park that Minnesota (or one of its local governments) owns through donation or exchange — not purchase or forced acquisition. (ii) Once such an acquisition from the state is complete, the Secretary must update the park's boundary to reflect it. (b) Offers by individuals: When using this section's power to acquire property, the Secretary must give quick, careful attention to any offer from a private landowner within the park who wants to sell to the Secretary. The Secretary must also consider any hardship the owner would suffer from an unreasonable delay in completing the purchase.
the actual law source: uscode.house.gov ↗public domain
(a) Authorization
(1) 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.

(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, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs.

(B) Exchange
(i) 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.

(ii) 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.

(C) 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.

(D) Administrative jurisdiction

Effective beginning on March 12, 2019, 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 160a–1(a) of this title; 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.

(b) 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.

Source credit: (Pub. L. 91–661, § 201, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 116–9, title II, § 2107(b), Mar. 12, 2019, 133 Stat. 727.)

history & why it existsrecord from the source credit
  • 1971Enacted · Pub. L. 91-661 · 84 Stat. 1970
  • 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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