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16 U.S.C. § 430kkWilson’s Creek National Battlefield: establishment and acquisition of lands

submitted 66 years ago by Pub. L. 86-434 to r/title-16-CONSERVATION · 542 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Secretary acquire land for Wilson's Creek National Battlefield near Springfield, Missouri, and later expanded its boundary by about 640 acres, including a Newtonia Battlefield addition. It also protects private landowners from new access requirements or extra liability from the expansion.

(a) Establishment, initial boundaries. The Secretary of the Interior must acquire — by gift, purchase, condemnation, or other means — the land making up the Wilson's Creek Battlefield site near Springfield, Missouri, plus any other nearby land the Secretary thinks is necessary or useful for the purposes of sections 430kk through 430mm. (b) Expansion of boundaries. (1)(A) The battlefield's boundary is revised to add six parcels totaling 615 acres, shown on a January 2004 map. (B) The boundary is further revised to add about 25 acres known as the Newtonia Battlefield addition, shown on a July 2022 map. (C) Both maps must be kept on file for public inspection at National Park Service offices. (D) The Secretary may fix any clerical or typographical error on either map. (2) The Secretary may acquire this added land by donation, by purchase from willing sellers with donated or appropriated funds, or by exchange — and may acquire personal property connected to interpreting the battlefield the same way. (c) Access to private property. Nothing in sections 430kk through 430mm requires any private property owner to allow public or government access to their property, or changes any law about public access to private property. (d) Liability. Expanding the boundary under subsection (b) does not create any new liability for a private property owner, or affect any existing liability, if someone is injured on that owner's property. (e) Recognition of authority to control land use. Nothing in sections 430kk through 430mm changes any federal, state, or local government's authority to regulate land use. (f) Participation of private property owners. Nothing in sections 430kk through 430mm requires an owner of private property inside the battlefield's boundary to take part in, or be associated with, the National Battlefield. (g) Effect of expansion. The expanded boundary marks the area where federal money appropriated for sections 430kk through 430mm may be spent. The expansion does not give the Secretary or the National Park Service any new regulatory power over land use inside the battlefield or its viewshed.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment, initial boundaries

The Secretary of the Interior shall acquire, by gift, purchase, condemnation, or otherwise, the lands (together with any improvements thereon) comprising the Wilson’s Creek Battlefield site near Springfield, Missouri, and any other lands adjacent to such site which in his opinion are necessary or desirable to carry out the purposes of sections 430kk to 430mm of this title.

(b) Expansion of boundaries
(1) Additional land
(A) In general

The boundaries of the Wilson’s Creek National Battlefield are revised to include lands and interests therein consisting of six parcels totaling 615 acres and identified as parcels “1, 2, 3, 4, 5, and 6” on the map entitled “Wilson’s Creek National Battlefield Proposed Boundary”, numbered 410/80,037 and dated January 27, 2004.

(B) Newtonia Battlefield addition

The boundary of the Wilson’s Creek National Battlefield is revised to include the approximately 25 acres of land identified as “Proposed Addition” on the map entitled “Wilson’s Creek National Battlefield Proposed Boundary Modification”, numbered 410/177,379, and dated July 2022.

(C) Availability of maps

The maps described in subparagraphs (A) and (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(D) Errors

The Secretary of the Interior may correct any clerical or typographical error in a map described in subparagraph (A) or (B).

(2) Method of acquisition

The Secretary of the Interior may acquire the land described in subparagraphs (A) and (B) of paragraph (1) by donation, by purchase from willing sellers with donated or appropriated funds, or by exchange. The Secretary may acquire by the same methods personal property associated with, and appropriate for, interpretation of Wilson’s Creek National Battlefield.

(c) Access to private property

Nothing in sections 430kk to 430mm of this title shall be construed to—

(1)

require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or

(2)

modify any provision of Federal, State, or local law with regard to public access to or use of private property.

(d) Liability

The revision of the boundaries of the Wilson’s Creek National Battlefield by subsection (b) shall not be considered to create any liability for, or to have any effect on any liability under any other law of, any owner of private property with respect to any person injured on that private property.

(e) Recognition of authority to control land use

Nothing in sections 430kk to 430mm of this title shall be construed to modify the authority of Federal, State, or local governments to regulate land use.

(f) Participation of private property owners

Nothing in sections 430kk to 430mm of this title shall be construed to require the owner of any private property located within the boundaries of the Wilson’s Creek National Battlefield to participate in, or be associated with, the National Battlefield.

(g) Effect of expansion

The boundaries of the Wilson’s Creek National Battlefield, as revised by subsection (b), represent the area within which Federal funds appropriated for the purpose of sections 430kk to 430mm of this title may be expended. The boundary revision shall not be construed to provide any nonexisting regulatory authority on land use within the National Battlefield or its viewshed by the Secretary or the National Park Service.

Source credit: (Pub. L. 86–434, § 1, Apr. 22, 1960, 74 Stat. 76; Pub. L. 108–394, § 2(a), Oct. 30, 2004, 118 Stat. 2247; Pub. L. 117–328, div. DD, title VI, § 616, Dec. 29, 2022, 136 Stat. 5604.)

history & why it existsrecord from the source credit
  • 1960Enacted · Pub. L. 86-434 · 74 Stat. 76
  • 2004Amended · Pub. L. 108-394 · 118 Stat. 2247
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5604

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-434 on 1960-04-22.

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