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54 U.S.C. § 100506 — Boundary changes to System units

submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 901 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets rules for changing national park unit boundaries. The Secretary must use set criteria, consult affected communities, and follow public notice steps before proposing changes. Small boundary changes can bypass a full congressional process if they meet size, cost, and consent limits, but boundary changes that only remove Park Service land need an Act of Congress.

(a) Criteria for Evaluation. The Secretary must keep standards for judging any proposed change to a unit's boundary. These standards include:
(1) checking whether the current boundary properly protects and preserves the natural, historic, cultural, scenic, and recreational resources that are central to the unit;
(2) judging each parcel proposed to be added or removed, using the check from (1); and
(3) judging the impact of possible boundary changes, using the factors from section 100505(c)(3) and considering the effect on local communities and the surrounding area.

(b) Proposal of Secretary. When the Secretary proposes a boundary change, the Secretary must:
(1) consult with affected state and local government agencies, nearby communities, affected landowners, and private organizations;
(2) apply the standards from subsection (a) and include a statement showing the results; and
(3) include a cost estimate for acquiring any parcels, explain how the estimate was made, and state how acquiring each parcel ranks in priority against other parcels for that unit and for the System.

(c) Minor Boundary Changes.
(1) In general. When the Secretary decides a change will help — and is necessary for — properly preserving, protecting, interpreting, or managing a unit, the Secretary may make the change. First, the Secretary must give timely written notice to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources, and publish a revised boundary map or description in the Federal Register. Then the Secretary may:
(A) make minor changes to the unit's boundary, using Land and Water Conservation Fund money to acquire any land, water, or interest in land or water added by the change, subject to any legal limits on how that land can be acquired or funded; and
(B) acquire adjacent land, water, or interests by donation, by purchase using donated money, by transfer from another federal agency, or by exchange — except the Secretary:
(i) cannot give up System property to acquire other land by exchange;
(ii) cannot acquire property without the owner's consent; and
(iii) can only acquire property owned by a state or local government by donation.
(2) Consultation. Before making this kind of determination, the Secretary must consult with the local government — county, city, town, or other jurisdiction — that has primary taxing power over the land to be acquired, about how the action would affect them.
(3) Action to advance local public awareness. The Secretary must take steps the Secretary sees fit to make sure local people know about the proposed action.
(4) Administration of acquisitions. Land, water, or interests acquired this way become part of the unit they were added to, and follow that unit's laws and regulations.
(5) When authority applies. Except for technical boundary changes (like fixing a survey error or a changed road), the Secretary's authority under (1)(A) only applies if all of these conditions are met:
(A) The total acreage added plus the total acreage removed is no more than 5 percent of the unit's total authorized federal acreage, and is less than 200 acres.
(B) The Secretary determines the acquisition, if any, is not a major federal action that significantly affects the environment.
(C) The total appraised value of the land added plus the land removed does not exceed $750,000.
(D) The boundary change is not part of a bigger, more comprehensive boundary change proposal.
(E) The public has had a chance to review and comment on the proposed boundary.
(F) The Director gets written consent from every property owner whose land will be added to or removed from the unit.
(G) The land touches other federal land that the Director manages.
(6) Act of Congress required. If a minor boundary change would only remove acreage that the federal government owns and the Service manages, that change can only be made by an Act of Congress.

the actual law source: uscode.house.gov ↗public domain
(a)Criteria for Evaluation.—

The Secretary shall maintain criteria to evaluate any proposed changes to the boundaries of System units, including—

(1)

analysis of whether or not an existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the System unit;

(2)

an evaluation of each parcel proposed for addition or deletion to a System unit based on the analysis under paragraph (1); and

(3)

an assessment of the impact of potential boundary adjustments taking into consideration the factors in section 100505(c)(3) of this title and the effect of the adjustments on the local communities and surrounding area.

(b)Proposal of Secretary.—

In proposing a boundary change to a System unit, the Secretary shall—

(1)

consult with affected agencies of State and local governments, surrounding communities, affected landowners, and private national, regional, and local organizations;

(2)

apply the criteria developed pursuant to subsection (a) and accompany the proposal with a statement reflecting the results of the application of the criteria; and

(3)

include with the proposal an estimate of the cost for acquiring any parcels proposed for acquisition, the basis for the estimate, and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other parcels for the System unit and for the System.

(c)Minor Boundary Changes.—
(1)In general.—

When the Secretary determines that to do so will contribute to, and is necessary for, the proper preservation, protection, interpretation, or management of a System unit, the Secretary may, following timely notice in writing to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate of the Secretary’s intention to do so, and by publication of a revised boundary map or other description in the Federal Register—

(A)

make minor changes to the boundary of the System unit, and amounts appropriated from the Fund shall be available for acquisition of any land, water, and interests in land or water added to the System unit by the boundary change subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to the System unit; and

(B)

acquire by donation, purchase with donated funds, transfer from any other Federal agency, or exchange, land, water, or interests in land or water adjacent to the System unit, except that in exercising the Secretary’s authority under this subparagraph the Secretary—

(i)

shall not alienate property administered as part of the System to acquire land by exchange;

(ii)

shall not acquire property without the consent of the owner; and

(iii)

may acquire property owned by a State or political subdivision of a State only by donation.

(2)Consultation.—

Prior to making a determination under this subsection, the Secretary shall consult with the governing body of the county, city, town, or other jurisdiction or jurisdictions having primary taxing authority over the land or interest to be acquired as to the impacts of the proposed action.

(3)Action to advance local public awareness.—

The Secretary shall take such steps as the Secretary considers appropriate to advance local public awareness of the proposed action.

(4)Administration of acquisitions.—

Land, water, and interests in land or water acquired in accordance with this subsection shall be administered as part of the System unit to which they are added, subject to the laws and regulations applicable to the System unit.

(5)When authority applies.—

For the purposes of paragraph (1)(A), in all cases except the case of technical boundary changes (resulting from such causes as survey error or changed road alignments), the authority of the Secretary under paragraph (1)(A) shall apply only if each of the following conditions is met:

(A)

The sum of the total acreage of the land, water, and interests in land or water to be added to the System unit and the total acreage of the land, water, and interests in land or water to be deleted from the System unit is not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than 200 acres.

(B)

The acquisition, if any, is not a major Federal action significantly affecting the quality of the human environment, as determined by the Secretary.

(C)

The sum of the total appraised value of the land, water, and interests in land or water to be added to the System unit and the total appraised value of the land, water, and interests in land or water to be deleted from the System unit does not exceed $750,000.

(D)

The proposed boundary change is not an element of a more comprehensive boundary change proposal.

(E)

The proposed boundary has been subject to a public review and comment period.

(F)

The Director obtains written consent for the boundary change from all property owners whose land, water, or interests in land or water, or a portion of whose land, water, or interests in land or water, will be added to or deleted from the System unit by the boundary change.

(G)

The land abuts other Federal land administered by the Director.

(6)Act of congress required.—

Minor boundary changes involving only deletions of acreage owned by the Federal Government and administered by the Service may be made only by Act of Congress.

Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3100.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-287 · 128 Stat. 3100

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.

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