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16 U.S.C. § 430g–5Acquisition and disposal of lands

submitted 36 years ago by Pub. L. 101-377 to r/title-16-CONSERVATION · 448 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may buy, exchange, or accept donations of land needed for Gettysburg National Military Park, but must acquire only the minimum federal interest needed. The Secretary may sell excluded park land after trying to exchange it, and may give up federal legal jurisdiction over land removed from the park.

(a) General authority. (1) The Secretary may acquire land and land interests within the park by donation, by purchase with donated or appropriated funds, by exchange, or otherwise. (2) When acquiring land under sections 430g–4 through 430g–10, the Secretary must get only the minimum federal interest needed to meet the goals for each area and for the park as a whole. (3) Despite (1), the properties added to the park by section 430g–4(b)(2) may be acquired only through donation. (b) Authority to convey freehold and leasehold interests within park. The Secretary may convey land and land interests within the park under section 102901(a) of title 54. Even though that law normally limits how proceeds may be used, here the net proceeds from such a conveyance may — subject to appropriations — be used to buy land and interests within the park. (c) Conveyance of lands excluded from park. (1) The Secretary may exchange federal land excluded from the park under section 430g–4(c) for land within the park's boundary, following existing law. (2) If any such federal land is not exchanged within five years after August 17, 1990, the Secretary may sell it to the highest bidder under regulations the Secretary sets, but never for less than the land's fair market value as the Secretary determines it. (3) Any land sold or exchanged this way must carry terms and conditions the Secretary judges will protect the park and the Gettysburg Battlefield Historic District. Regardless of any other law, the net proceeds from such a sale or exchange must — subject to appropriations — go toward buying land and interests within the park. (d) Relinquishment of legislative jurisdiction to Pennsylvania. For land excluded from the park under section 430g–4(c) where the United States has exclusive or shared legal authority, the Secretary may give that authority back to Pennsylvania. This is done by filing a notice with the Governor; it takes effect once Pennsylvania accepts it, unless state law says otherwise.
the actual law source: uscode.house.gov ↗public domain
(a) General authority
(1) Authority to acquire land

The Secretary is authorized to acquire lands and interests in lands within the park by donation, purchase with donated or appropriated funds, exchange, or otherwise.

(2) Minimum Federal interests

In acquiring lands and interests in lands under sections 430g–4 to 430g–10 of this title, the Secretary shall acquire the minimum Federal interests necessary to achieve the objectives identified for specific areas and the park.

(3) Method of acquisition for certain land

Notwithstanding paragraph (1), the Secretary may acquire the properties added to the park by section 430g–4(b)(2) of this title only by donation.

(b) Authority to convey freehold and leasehold interests within park

The Secretary may convey lands and interests in lands within the park authorized in accordance with subsection (a) of section 102901 of title 54, except that, notwithstanding subsection (d) of that section, the net proceeds from any such conveyance may be used, subject to appropriations, to acquire lands and interests within the park.

(c) Conveyance of lands excluded from park
(1)

The Secretary is authorized, in accordance with applicable existing law, to exchange Federal lands and interests excluded from the park pursuant to section 430g–4(c) of this title for the purpose of acquiring lands within the park boundary.

(2)

If any such Federal lands or interests are not exchanged within five years after August 17, 1990, the Secretary may sell any or all such lands or interests to the highest bidder, in accordance with such regulations as the Secretary may prescribe, but any such conveyance shall be at not less than the fair market value of the land or interest, as determined by the Secretary.

(3)

All Federal lands and interests sold or exchanged pursuant to this subsection shall be subject to such terms and conditions as will assure the use of the property in a manner which, in the judgment of the Secretary, will protect the park and the Gettysburg Battlefield Historic District (hereafter in sections 430g–5 to 430g–10 of this title referred to as the “historic district”). Notwithstanding any other provision of law, the net proceeds from any such sale or exchange shall be used, subject to appropriations, to acquire lands and interests within the park.

(d) Relinquishment of legislative jurisdiction to Pennsylvania

With respect to any lands over which the United States exercises exclusive or concurrent legislative jurisdiction and which are excluded from the park pursuant to section 430g–4(c) of this title, the Secretary may relinquish to the State of Pennsylvania such exclusive or concurrent legislative jurisdiction by filing with the Governor a notice of relinquishment to take effect upon acceptance thereof, unless otherwise provided by the laws of the State.

Source credit: (Pub. L. 101–377, § 2, Aug. 17, 1990, 104 Stat. 464; Pub. L. 106–290, § 2, Oct. 10, 2000, 114 Stat. 921; Pub. L. 113–291, div. B, title XXX, § 3034(b), Dec. 19, 2014, 128 Stat. 3777.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-377 · 104 Stat. 464
  • 2000Amended · Pub. L. 106-290 · 114 Stat. 921
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3777

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-377 on 1990-08-17.

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