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(continued)
This section is referred to in section 441e of this title.
-End-
-CITE-
16 USC Sec. 441a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441a. Boundaries
-STATUTE-
The areas to be included in said Badlands National Park are
situated in the State of South Dakota and lie within the boundaries
particularly described as follows: Beginning at the northeast
corner section 13, township 3 south, range 18 east, Black Hills
meridian; thence west one-fourth mile; thence south one mile;
thence west one-fourth mile; thence south one-fourth mile; thence
west one mile; thence south one-fourth mile; thence west one-fourth
mile; thence north one mile; thence west one and one-fourth miles;
thence north one-half mile; thence west three miles, to the
northwest corner section 18, township 3 south, range 18 east, Black
Hills meridian.
Thence north one-fourth mile; thence west one-half mile; thence
north one-fourth mile; thence west three-fourths mile; thence south
one-fourth mile; thence west one-fourth mile; thence north
one-fourth mile; thence west one-fourth mile; thence north
one-fourth mile; thence west three-fourths mile; thence south
one-fourth mile; thence west one-half mile; thence south one-half
mile; thence west one mile; thence north one-fourth mile; thence
west one-fourth mile; thence north one-fourth mile; thence west one
and one-fourth miles; thence north one-fourth mile; thence west
one-fourth mile; thence north three-fourths mile; thence west one
and one-fourth miles; thence north one-half mile, to the northeast
corner section 2, township 3 south, range 16 east, Black Hills
meridian.
Thence west one-half mile; thence north one mile; thence west
one-fourth mile; thence north one-half mile; thence west
three-fourths mile; thence north one-half mile; thence west
one-half mile; thence north two miles; thence west eight miles;
thence south one-half mile; thence west one mile; thence north
one-half mile, to the northeast corner section 13, township 2
south, range 14 east, Black Hills meridian.
Thence west one mile; thence south one mile; thence east one-half
mile; thence south one-half mile; thence west one-half mile; thence
south two and one-half miles; thence east one and one-fourth miles;
thence south one mile; thence east three-fourths mile, to the
northeast corner section 7, township 3 south, range 15 east, Black
Hills meridian.
Thence south one-fourth mile; thence east one-fourth mile; thence
south one-half mile; thence west one-fourth mile; thence south
one-fourth mile; thence west one mile; thence south one and
three-fourths miles; thence east one mile; thence north
three-fourths mile; thence east two miles; thence north one-half
mile; thence east three-fourths mile; thence north one-fourth mile;
thence east one-half mile; thence north three-fourths mile; thence
west one-fourth mile; thence north three-fourths mile; thence west
one-fourth mile; thence north one-fourth mile; thence west
one-fourth mile; thence north one-fourth mile; thence east
one-fourth mile; thence north one-half mile; thence east one mile;
thence south one-fourth mile; thence east one and three-fourths
miles; thence north one-half mile; thence west one-half mile;
thence north one-half mile, to the northwest corner section 31,
township 2 south, range 16 east, Black Hills meridian.
Thence east one-half mile; thence south one-fourth mile; thence
east one mile; thence south one-fourth mile; thence east one and
three-fourths miles; thence south three-fourths mile; thence east
three-fourths mile; thence south three-fourths mile; thence east
one-half mile; thence south one-fourth mile; thence east one-fourth
mile; thence south one-fourth mile; thence east one-fourth mile;
thence south one-fourth mile; thence east one-fourth mile; thence
south one-fourth mile; thence east one-fourth mile; thence south
one-fourth mile; thence east one-half mile; thence south one and
one-fourth miles; thence east three-fourths mile; thence north
one-half mile; thence east one-fourth mile, to the northeast corner
section 19, township 3 south, range 17 east, Black Hills meridian.
Thence north one-half mile; thence east three-fourths mile;
thence south two miles; thence east one and one-half miles; thence
north one and one-half miles; thence east two miles; thence south
one-fourth mile; thence east one-fourth mile; thence south
one-fourth mile; thence east one-half mile; thence south one-fourth
mile; thence east one-half mile; thence south one-fourth mile;
thence east one-half mile, to the northeast corner section 30,
township 3 south, range 18 east, Black Hills meridian.
Thence south three-fourths mile; thence east one-fourth mile;
thence south one-fourth mile; thence east one-half mile; thence
north one-fourth mile; thence east one and one-fourth miles; thence
south one-fourth mile; thence east three miles, to the northeast
corner of section 36, township 3 south, range 18 east, Black Hills
meridian.
Thence north one mile; thence east one mile; thence north
one-half mile; thence west one-fourth mile; thence north one-fourth
mile; thence west one-fourth mile; thence north one and one-fourth
miles; thence west one-half mile to the point of beginning.
-SOURCE-
(Mar. 4, 1929, ch. 693, Sec. 2, 45 Stat. 1554; Pub. L. 95-625,
title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-CHANGE-
CHANGE OF NAME
"Park" substituted for "Monument" in first undesignated par.
pursuant to Pub. L. 95-625, Sec. 611, which is classified to
section 441e-1 of this title and which redesignated Badlands
National Monument as Badlands National Park.
-MISC1-
EXTENSION OF BOUNDARIES
Act June 26, 1936, ch. 842, title II, Sec. 1, 49 Stat. 1979,
provided that the boundaries of the Badlands National Monument as
established by this section shall be "extended to include such
lands adjacent or contiguous thereto, in the State of South Dakota,
including, but not being restricted to, lands designated as
submarginal by the Resettlement Administration, as may be
determined by the President, by proclamation, within five years
following the approval of this Act, to be necessary for the proper
rounding out of the boundaries of said Monument or the
administration thereof, providing the entire area of such Monument
shall not exceed 250,000 acres."
LAWS APPLICABLE
The provisions of sections 1, 2, 3, and 4 of this title were made
applicable to the above added lands by act June 26, 1936, ch. 842,
title II, Sec. 2, 49 Stat. 1979.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 441e of this title.
-End-
-CITE-
16 USC Sec. 441b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441b. Construction of highway by State of South Dakota
-STATUTE-
The establishment of said park is conditioned upon the State of
South Dakota first constructing the following highway in a manner
satisfactory to the Secretary of the Interior: A highway commencing
at the corporation limits of the town of Interior, thence going in
a northwesterly direction to and over Big Foot Pass, and through
the region known as The Pinnacles; thence in a westerly direction
to Sage Creek, being a total distance of about thirty miles.
-SOURCE-
(Mar. 4, 1929, ch. 693, Sec. 3, 45 Stat. 1555; Pub. L. 95-625,
title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-CHANGE-
CHANGE OF NAME
Word "park" substituted in text for "monument" pursuant to Pub.
L. 95-625, Sec. 611, which is classified to section 441e-1 of this
title and which redesignated Badlands National Monument as Badlands
National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 441e of this title.
-End-
-CITE-
16 USC Sec. 441c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441c. Administration, protection, and promotion; franchises
for hotel and lodge accommodations
-STATUTE-
The administration, protection, and promotion of said Badlands
National Park shall be exercised under the direction of the
Secretary of the Interior by the National Park Service, subject to
the provisions of sections 1, 2, 3, and 4 of this title: Provided,
That in advance of the fulfillment of the conditions herein the
Secretary of the Interior may grant franchises for hotel and for
lodge accommodations under the provisions of this section.
-SOURCE-
(Mar. 4, 1929, ch. 693, Sec. 4, 45 Stat. 1555; Pub. L. 95-625,
title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-CHANGE-
CHANGE OF NAME
"Park" substituted in text for "Monument" pursuant to Pub. L.
95-625, Sec. 611, which is classified to section 441e-1 of this
title and which redesignated Badlands National Monument as Badlands
National Park.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 441e of this title.
-End-
-CITE-
16 USC Sec. 441d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441d. Examinations, excavations, and gathering of objects of
interest within park
-STATUTE-
The Secretary of the Interior is authorized to permit
examinations, excavations, and gathering of objects of interest
within said park by any person or persons whom he may deem properly
qualified to conduct such examinations, excavations, or gatherings,
subject to such rules and regulations as he may prescribe:
Provided, That the examinations, excavations, and gatherings are
undertaken only for the benefit of some reputable museum,
university, college, or other recognized scientific or educational
institution, with a view to increasing the knowledge of such
objects and aiding the general advancement of geological and
zoological science.
-SOURCE-
(Mar. 4, 1929, ch. 693, Sec. 5, 45 Stat. 1555; Pub. L. 95-625,
title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-CHANGE-
CHANGE OF NAME
Word "park" substituted in text for "monument" pursuant to Pub.
L. 95-625, Sec. 611, which is classified to section 441e-1 of this
title and which redesignated Badlands National Monument as Badlands
National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 441e of this title.
-End-
-CITE-
16 USC Sec. 441e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441e. Effective date of sections 441 to 441d
-STATUTE-
Sections 441 to 441d of this title shall become effective if and
when all of the above conditions shall have been fully complied
with to the satisfaction of the President of the United States, who
shall then issue a proclamation declaring that the conditions
precedent herein required have been complied with, and said
proclamation shall formally dedicate and set aside the areas herein
described in accordance with the provisions of section 441 of this
title.
-SOURCE-
(Mar. 4, 1929, ch. 693, Sec. 6, 45 Stat. 1555.)
-EXEC-
PROCLAMATION NO. 2320
Proclamation declaring that conditions precedent required by
sections 441 to 441d of this title have been complied with, and
formally dedicating and setting aside the areas therein described
was issued by the President on Jan. 25, 1939. See Proc. No. 2320,
Jan. 25, 1939, 4 F.R. 457, 53 Stat. 2521.
-End-
-CITE-
16 USC Sec. 441e-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441e-1. Change in name of Badlands National Monument
-STATUTE-
The area formerly known as the "Badlands National Monument",
established by Presidential Proclamation of January 25, 1939 (53
Stat. 2521), shall henceforth be known as the "Badlands National
Park".
-SOURCE-
(Pub. L. 95-625, title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-End-
-CITE-
16 USC Sec. 441f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441f. Adjustment and redefinition of boundaries
-STATUTE-
In order to establish a more appropriate boundary for the
Badlands National Park and to consolidate Federal land ownership
therein, the Secretary of the Interior, in his discretion, is
authorized to adjust and redefine the exterior boundaries of the
national park by appropriate reductions or additions of land:
Provided, That the total acreage of the national park, as revised
pursuant to sections 441f to 441i of this title, shall not exceed
its area of approximately one hundred fifty-four thousand one
hundred and nineteen acres as of May 7, 1952.
-SOURCE-
(May 7, 1952, ch. 244, Sec. 1, 66 Stat. 65; Pub. L. 95-625, title
VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-COD-
CODIFICATION
Reference to the monument's approximately 154,119 acre area as of
"May 7, 1952" was substituted for a reference in the original to
the monument's "present" area.
-CHANGE-
CHANGE OF NAME
Words "Park" and "park" substituted in text for "Monument" and
"monument", respectively, pursuant to Pub. L. 95-625, Sec. 611,
which is classified to section 441e-1 of this title and which
redesignated Badlands National Monument as Badlands National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 441g, 441i of this title.
-End-
-CITE-
16 USC Sec. 441g 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441g. Orders to effectuate revision of boundaries; publication
-STATUTE-
The revision of boundaries of the national park, as authorized in
section 441f of this title, shall be accomplished by the issuance,
by the Secretary of the Interior, of an appropriate order, or
orders, such order or orders to be effective upon publication in
the Federal Register: Provided, That federally owned land under the
administrative jurisdiction of any other department or agency of
the Federal Government shall be included within the park only with
the approval of the head of such department or agency.
-SOURCE-
(May 7, 1952, ch. 244, Sec. 2, 66 Stat. 65; Pub. L. 95-625, title
VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-REFTEXT-
REFERENCES IN TEXT
Section 441f of this title, referred to in text, was in the
original "sections 1 and 5 of this Act". Section 1 of the Act is
classified to section 441f of this title. Section 5 is probably a
reference to section 5 of the original bill, which would have
authorized the inclusion of up to 4,000 acres of the Pine Ridge
Indian Reservation within the Badlands National Monument. Such
section 5 was stricken from the bill by Senate amendment, and as
enacted the Act contained only four sections.
-CHANGE-
CHANGE OF NAME
Word "park" substituted in text for "monument" pursuant to Pub.
L. 95-625, Sec. 611, which is classified to section 441e-1 of this
title and which redesignated Badlands National Monument as Badlands
National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 441f, 441i of this title.
-End-
-CITE-
16 USC Sec. 441h 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441h. Jurisdiction of mining and mineral rights; patents
-STATUTE-
Administrative jurisdiction over all Federal lands eliminated
from the park, by the issuance of an order or orders of the
Secretary of the Interior, is transferred to the Secretary of
Agriculture for use, administration, and disposition in accordance
with the provisions of title III of the Bankhead-Jones Farm Tenant
Act [7 U.S.C. 1010 et seq.] and the related provisions of title IV
thereof: Provided, That all of such lands formerly set apart and
reserved from the public domain shall be subject to the mining and
minerals-leasing laws: And provided further, That any disposition
of any such lands formerly set apart and reserved from the public
domain shall be evidenced by patents issued by the Secretary of the
Interior.
-SOURCE-
(May 7, 1952, ch. 244, Sec. 3, 66 Stat. 65; Pub. L. 95-625, title
VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-REFTEXT-
REFERENCES IN TEXT
The Bankhead-Jones Farm Tenant Act, referred to in text, is act
July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of the
Act is classified generally to subchapter III (Sec. 1010 et seq.)
of chapter 33 of Title 7, Agriculture. Title IV thereof, referred
to in text, which was classified to sections 1014 to 1029 of title
7, was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat.
862, and by Pub. L. 87-128, title III, Sec. 341(a), Aug. 8, 1961,
75 Stat. 318. For complete classification of this Act to the Code,
see section 1000 of Title 7 and Tables.
The mining and minerals-leasing laws, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
-CHANGE-
CHANGE OF NAME
Word "park" substituted in text for "monument" pursuant to Pub.
L. 95-625, Sec. 611, which is classified to section 441e-1 of this
title and which redesignated Badlands National Monument as Badlands
National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 441f, 441i of this title.
-End-
-CITE-
16 USC Sec. 441i 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441i. Exchanges of land
-STATUTE-
In order that exchanges of land may be effectuated for the
purposes of sections 441f to 441i of this title, the Secretary of
the Interior is authorized, in his discretion and in accordance
with the provisions of sections 3111 and 3112 of title 40, to
accept, on behalf of the United States, title to any land or
interests in land within the exterior boundaries of the Badlands
National Park as revised pursuant to sections 441f to 441i of this
title, and, in exchange therefor, with the approval and concurrence
of the Secretary of Agriculture, the Secretary of the Interior may
patent lands of approximately equal value which were formerly set
apart and reserved from the public domain within the Badlands Fall
River soil conservation project, SD-LU-1. In effectuating such
exchanges, in lieu of conveyances by the Secretary of the Interior,
the Secretary of Agriculture may convey lands of approximately
equal value within said project which have been acquired heretofore
by the United States. All such exchanges shall, in all other
respects, be considered as exchanges under the provisions of
section 32c, title III, of the Bankhead-Jones Farm Tenant Act [7
U.S.C. 1011(c)] and shall otherwise be in accordance with
provisions of said Act [7 U.S.C. 1000 et seq.]; except that, upon
acceptance of title to any lands so acquired by the United States
under this section, such lands and any other lands acquired
otherwise by the United States within the park boundaries shall be
a part of that area. In consummating land exchanges hereunder upon
an equitable basis, patents and instruments of conveyance may be
issued, and property may be accepted, by the United States, subject
to such reservations as may be necessary or in the public interest.
-SOURCE-
(May 7, 1952, ch. 244, Sec. 4, 66 Stat. 66; Pub. L. 95-625, title
VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-REFTEXT-
REFERENCES IN TEXT
The Bankhead-Jones Farm Tenant Act, referred to in text, is act
July 22, 1937, ch. 517, 50 Stat. 522, as amended, which is
classified generally to chapter 33 (Sec. 1000 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code,
see section 1000 of Title 7 and Tables.
-COD-
CODIFICATION
"Sections 3111 and 3112 of title 40" substituted in text for
"section 355 of the Revised Statutes" on authority of Pub. L.
107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings, Property, and
Works.
-CHANGE-
CHANGE OF NAME
Words "Park" and "park" substituted in text for "Monument" and
"monument", respectively, pursuant to Pub. L. 95-625, Sec. 611,
which is classified to section 441e-1 of this title and which
redesignated Badlands National Monument as Badlands National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 441f, 441g of this title.
-End-
-CITE-
16 USC Sec. 441j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441j. Revision of boundaries
-STATUTE-
In order to include lands of outstanding scenic and scientific
character in the Badlands National Park, the boundaries of the park
are revised as generally depicted on the map entitled "Badlands
National Monument", numbered NM-BL-7021B, dated August 1967, which
is on file and available for public inspection in the offices of
the National Park Service, Department of the Interior. The
Secretary of the Interior may make minor adjustments in the
boundaries, but the total acreage in the park may not exceed the
acreage within the boundaries depicted on the map referred to
herein. Lands within the boundaries of the park that are acquired
by the United States shall be subject to the laws and regulations
applicable to the park.
-SOURCE-
(Pub. L. 90-468, Sec. 1, Aug. 8, 1968, 82 Stat. 663; Pub. L.
95-625, title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-CHANGE-
CHANGE OF NAME
Words "Park" and "park" substituted in text for "Monument" and
"monument", respectively, pursuant to Pub. L. 95-625, Sec. 611,
which is classified to section 441e-1 of this title and which
redesignated Badlands National Monument as Badlands National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 441l of this title; title
25 section 459.
-End-
-CITE-
16 USC Sec. 441k 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441k. Acquisition of property for park
-STATUTE-
(a) Consent of State or Oglala Sioux Tribe of South Dakota;
transfer from Federal agency
Subject to the provisions of subsection (b) of this section, the
Secretary of the Interior may, within the boundaries of the park,
acquire lands and interests in lands by donation, purchase with
donated or appropriated funds, or exchange, except that any lands
or interests in lands owned by the State of South Dakota, a
political subdivision thereof, or the Oglala Sioux Tribe of South
Dakota may be acquired only with the consent of owner.
Notwithstanding any other provision of law, lands and interests in
lands located within the park under the administrative jurisdiction
of any other Federal agency may be transferred to the
administrative jurisdiction of the Secretary without a transfer of
funds.
(b) Easements
As to lands located within the boundaries of the park but outside
the boundaries of the gunnery range referred to in section 441l of
this title, the Secretary of the Interior may acquire only
rights-of-way and scenic easements.
-SOURCE-
(Pub. L. 90-468, Sec. 2, Aug. 8, 1968, 82 Stat. 663; Pub. L.
95-625, title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-CHANGE-
CHANGE OF NAME
Word "park" substituted in text for "monument" pursuant to Pub.
L. 95-625, Sec. 611, which is classified to section 441e-1 of this
title and which redesignated Badlands National Monument as Badlands
National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 441m of this title; title
25 section 459.
-End-
-CITE-
16 USC Sec. 441l 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441l. Exchange of lands; transfer from Federal agency to
administrative jurisdiction of Secretary; terms and conditions of
purchase
-STATUTE-
Inasmuch as (A) most of the lands added to the Badlands National
Park by section 441j of this title are inside the boundaries of the
Pine Ridge Sioux Indian Reservation, (B) such lands are also within
a tract of land forty-three miles long and twelve and one-half
miles wide which is in the north-western part of such Indian
reservation and has been used by the United States Air Force as a
gunnery range since the early part of World War II, (C) the tribal
lands within such gunnery range were leased by the Federal
Government and the other lands within such gunnery range were
purchased by the Federal Government from the individual owners
(mostly Indians), (D) the Department of the Air Force has declared
most of such gunnery range lands excess to its needs and such
excess lands have been requested by the National Park Service under
the Federal Property and Administrative Services Act of 1949, (E)
the leased tribal lands and the excess lands within the enlarged
Badlands National Park are needed for the park, (F) the other
excess lands in such gunnery range should be restored to the former
Indian owners of such lands, and (G) the tribe is unwilling to sell
its tribal lands for inclusion in the national park, but is willing
to exchange them or interests therein for the excess gunnery range
lands, which, insofar as the lands within the gunnery range
formerly held by the tribe are concerned, should be returned to
Indian ownership in any event, the Congress hereby finds that such
exchange would be in the national interest and authorizes the
following actions:
(a) All Federal lands and interests in lands within the Badlands
Air Force gunnery range that are outside the boundaries of the park
and that heretofore or hereafter are declared excess to the needs
of the Department of the Air Force shall be transferred to the
administrative jurisdiction of the Secretary of the Interior
without a transfer of funds.
(b) Any former Indian or non-Indian owner of a tract of such
land, whether title was held in trust or fee, may purchase such
tract from the Secretary of the Interior under the following terms
and conditions:
(1) The purchase price to a former Indian owner shall be the
total amount paid by the United States to acquire such tract and
all interests therein, plus interest thereon from the date of
acquisition at a rate determined by the Secretary of the Treasury
taking into consideration the average market yield of all
outstanding marketable obligations of the United States at the
time the tract was acquired by the United States, adjusted to the
nearest one-eighth of 1 per centum. The purchase price to a
former non-Indian owner shall be present fair market value of the
tract as determined by the Secretary of the Interior.
(2) Not less than $100 or 20 per centum of the purchase price,
whichever is less, shall be paid at the time of purchase, and the
balance shall be payable in not to exceed 20 years with interest
at a rate determined by the Secretary of the Treasury taking into
account the current average market yield on outstanding
marketable obligations of the United States with twenty years
remaining to date of maturity, adjusted to the nearest one-eighth
of 1 per centum.
(3) Title to the tract purchased shall be held in trust for the
purchaser if it was held in trust status at the time the tract
was acquired by the United States; otherwise, the title to the
tract purchased shall be conveyed to the purchaser subject to a
mortgage and such other security instruments as the Secretary
deems appropriate. If a tract purchased under this subsection is
offered for resale during the following ten-year period, the
tribe must be given the first right to purchase it.
(4) The unpaid balance of the purchase price shall be a lien
against the land if the title is held in trust and against all
rents, bonuses, and royalties received therefrom. In the event of
default in the payment of any installment of the purchase price
the Secretary may take such action to enforce the lien as he
deems appropriate, including foreclosure and conveyance of the
land to the Oglala Sioux Tribe.
(5) An application to purchase the tract must be filed with the
Secretary of the Interior within one year from the date a notice
is published in the Federal Register that the tract has been
transferred to the jurisdiction of the Secretary.
(6) No application may be filed by more than five of the former
owners of an interest in the tract. If more than one such
application is filed for a tract the applicants must agree on not
more than five of the former owners who shall make the purchase,
and failing such agreement all such applications for the tract
shall be rejected by the Secretary.
(7) "Former owner" means, for the purposes of subsection (b) of
this section, each person from whom the United States acquired an
interest in the tract, or if such person is deceased, his spouse,
or if such spouse is deceased, his children.
-SOURCE-
(Pub. L. 90-468, Sec. 3, Aug. 8, 1968, 82 Stat. 663; Pub. L.
95-625, title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in the provision preceding subsec. (a), is act June 30,
1949, ch. 288, 63 Stat. 377, as amended. Except for title III of
the Act, which is classified generally to subchapter IV (Sec. 251
et seq.) of chapter 4 of Title 41, Public Contracts, the Act was
repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21,
2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public
Buildings, Property, and Works.
-CHANGE-
CHANGE OF NAME
In provision preceding subsec. (a) and in subsec. (a), "Park" and
"park" substituted for "Monument" and "monument", respectively,
pursuant to Pub. L. 95-625, Sec. 611, which is classified to
section 441e-1 of this title and which redesignated Badlands
National Monument as Badlands National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 441k, 441m, 441n of this
title; title 25 section 459.
-End-
-CITE-
16 USC Sec. 441m 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441m. Disposition of excess gunnery range lands and
reservation lands; purchase; terms and conditions; life estates
and use restrictions
-STATUTE-
(a) Gunnery range lands; reservation lands
All Federal lands and interests in lands within the Badlands Air
Force gunnery range that are outside the boundaries of the park,
and that have been declared excess to the needs of the Department
of the Air Force, and that are not purchased by former owners under
section 441l(b) of this title, and all lands that have been
acquired by the United States under authority of title II of the
National Industrial Recovery Act of June 16, 1933 (48 Stat. 200),
and subsequent relief Acts, situated within the Pine Ridge Indian
Reservation, administrative jurisdiction over which has heretofore
been transferred by the President from the Secretary of Agriculture
to the Secretary of the Interior by Executive Order Numbered 7868,
dated April 15, 1938, shall be subject to the following provisions
of this section.
(b) Purchases
Any former Indian owner of land that is within the Badlands Air
Force gunnery range and outside the boundaries of the park and that
has not been declared excess to the needs of the Department of the
Air Force on August 8, 1968, may, within the period specified in
section 441l(b)(5) of this title, elect (i) to purchase an
available tract of land described in subsection (a) of this section
of substantially the same value, or (ii) to purchase the tract
formerly owned by him at such time as such tract is declared excess
and transferred to the Secretary of the Interior as provided in
section 441l(a) of this title.
(c) Life estates and use restrictions
Any former Indian owner of a tract of land within the boundaries
of the park that was acquired by the United States for the Badlands
Air Force gunnery range, and that is transferred to the Secretary
of the Interior pursuant to section 441k of this title, may, within
the period specified in section 441l(b)(5) of this title, elect (i)
to acquire from the Secretary of the Interior a life estate in such
tract at no cost, subject to restrictions on use that may be
prescribed in regulations applicable to the park, or (ii) to
purchase an available tract of land described in subsection (a) of
this section of substantially the same value.
(d) Purchase restrictions
Purchases under subsection (b) and clause (ii) of subsection (c)
of this section shall be made on the terms provided in section
441l(b) of this title.
-SOURCE-
(Pub. L. 90-468, Sec. 4, Aug. 8, 1968, 82 Stat. 664; Pub. L.
95-625, title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-REFTEXT-
REFERENCES IN TEXT
The National Industrial Recovery Act of June 16, 1933, referred
to in subsec. (a), is act June 16, 1933, ch. 90, 48 Stat. 195, as
amended. Title II of the Act was classified principally to
subchapter I (Sec. 401 et seq.) of chapter 8 of former Title 40,
Public Buildings, Property, and Works, and was terminated June 30,
1943 by act June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410.
Provisions of title II of the Act which were classified to former
Title 40 were repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21,
2002, 116 Stat. 1304. For complete classification of this Act to
the Code, see Tables.
Executive Order Numbered 7868, dated April 15, 1938, referred to
in subsec. (a), was not classified to the Code.
-CHANGE-
CHANGE OF NAME
Word "park" substituted for "monument" in subsecs. (a) to (c)
pursuant to Pub. L. 95-625, Sec. 611, which is classified to
section 441e-1 of this title and which redesignated Badlands
National Monument as Badlands National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 441n of this title; title
25 section 459.
-End-
-CITE-
16 USC Sec. 441n 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441n. Lands outside gunnery range; exchange of lands;
reservation of mineral rights; grazing and mineral development
rights of Indians; execution of instruments; trust title
-STATUTE-
(a) Exchange of lands; mineral and grazing rights
Title to all Federal lands and interests in lands within the
boundaries of the Badlands Air Force gunnery range that are outside
the boundaries of the park, and that are transferred to the
administrative jurisdiction of the Secretary of the Interior as
provided in section 441l(a) of this title, including lands
hereafter declared to be excess, and that are not selected under
sections 441l(b) or 441m of this title, and title to all lands
within the boundaries of the park that were acquired by the United
States for the Badlands Air Force gunnery range, subject to any
life estate conveyed pursuant to section 441m(c) of this title and
subject to restrictions on use that may be prescribed in
regulations applicable to the park, which regulations may include
provisions for the protection of the black-footed ferret, may be
conveyed to the Oglala Sioux Tribe in exchange (i) for the right of
the United States to use all tribal land within the park for park
purposes, including the right to manage fish and wildlife and other
resources and to construct visitor use and administrative
facilities thereon, and (ii) for title to three thousand one
hundred fifteen and sixty-three one-hundredths acres of land owned
by the Oglala Sioux Tribe and located in the area of the Badlands
Air Force gunnery range which is not excess to the needs of the
Department of the Air Force and which is encompassed in civil
action numbered 859 W.D. in the United States District Court for
the District of South Dakota, if such exchange is approved by the
Oglala Sioux Tribal Council. The lands acquired under paragraph
(ii) shall become a part of the Badlands Air Force gunnery range
retained by the Department of the Air Force. The United States and
the Oglala Sioux Tribe shall reserve all mineral rights in the
lands so conveyed. The right of the United States to use for park
purposes lands that were tribally owned prior to August 8, 1968,
shall not impair the right of the Oglala Sioux Tribe to use such
lands for grazing purposes and mineral development, including
development for oil and gas.
(b) Execution of instruments
The Oglala Sioux Tribal Council may authorize the execution of
the necessary instruments to effect the exchange on behalf of the
tribe, and the Secretary may execute the necessary instruments on
behalf of the United States.
(c) Trust title
After the exchange is effected the title of the Oglala Sioux
Tribe to the property acquired by the exchange shall be held in
trust subject to the same restrictions and authorities that apply
to other lands of the tribe that are held in trust.
-SOURCE-
(Pub. L. 90-468, Sec. 5, Aug. 8, 1968, 82 Stat. 665; Pub. L.
95-625, title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-CHANGE-
CHANGE OF NAME
Word "park" substituted for "monument" in subsec. (a) pursuant to
Pub. L. 95-625, Sec. 611, which is classified to section 441e-1 of
this title and which redesignated Badlands National Monument as
Badlands National Park.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 25 section 459.
-End-
-CITE-
16 USC Sec. 441o 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 441o. Facilities for interpretation of park and history of
Sioux Nation; conveyance of reservation lands; submission of
terms to Congressional committees
-STATUTE-
The Oglala Sioux Tribe may convey and the Secretary of the
Interior may acquire not to exceed forty acres of tribally owned
lands on the Pine Ridge Indian Reservation for the purpose of
erecting thereon permanent facilities to be used to interpret the
natural phenomena of the park and the history of the Sioux Nation:
Provided, That no such conveyance shall be made until sixty days
after the terms thereof have been submitted to the Interior and
Insular Affairs Committees of the House of Representatives and the
Senate.
-SOURCE-
(Pub. L. 90-468, Sec. 6, Aug. 8, 1968, 82 Stat. 666; Pub. L.
95-625, title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
-CHANGE-
CHANGE OF NAME
Word "park" substituted in text for "monument" pursuant to Pub.
L. 95-625, Sec. 611, which is classified to section 441e-1 of this
title and which redesignated Badlands National Monument as Badlands
National Park.
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 25 section 459.
-End-
-CITE-
16 USC Sec. 442 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI - NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
-HEAD-
Sec. 442. George Washington Birthplace National Monument
-STATUTE-
The land owned by the United States at Wakefield, Westmoreland
County, Virginia, and all structures thereon shall constitute the
George Washington Birthplace National Monument at Wakefield,
Virginia, which is established and set apart for the preservation
of the historical associations connected therewith, for the benefit
and enjoyment of the people, and the said national monument shall
be after January 23, 1930, administered by the National Park
Service under the direction of the Secretary of the Interior
subject to the provisions of sections 1, 2, 3, and 4 of this title,
as amended.
-SOURCE-
(Jan. 23, 1930, ch. 24, Secs. 1, 2, 46 Stat. 58.)
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.
-MISC1-
GEORGE WASHINGTON'S BOYHOOD HOME, FERRY FARM
Pub. L. 105-355, title V, Sec. 509, Nov. 6, 1998, 112 Stat. 3264,
provided that:
"(a) Acquisition of Easement. - The Secretary of the Interior may
acquire no more than a less than fee interest in the property
generally known as George Washington's Boyhood Home, Ferry Farm,
located in Stafford County, Virginia, across the Rappahannock River
from Fredericksburg, Virginia, comprising approximately 85 acres as
generally depicted on the map entitled 'George Washington
Birthplace National Monument Boundary Map', numbered 322/80,020,
and dated April 1998, to ensure the preservation of the important
cultural and natural resources associated with Ferry Farm. The
Secretary of the Interior shall keep the map on file and available
for public inspection in appropriate offices of the National Park
Service.
"(b) Management of Easement. - The Secretary shall enter into a
cooperative agreement with Kenmore Association, Inc., for the
management of Ferry Farm pending completion of the study referred
to in subsection (c).
"(c) Resource Study. - Not later than 18 months after the date on
which funds are made available to carry out this section, the
Secretary of the Interior shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Resources
of the House of Representatives a resource study of the property
described in subsection (a). The study shall -
"(1) identify the full range of resources and historic themes
associated with Ferry Farm, including those associated with
George Washington's tenure at the property and those associated
with the Civil War period;
"(2) identify alternatives for further National Park Service
involvement at the property beyond those that may be provided for
in the acquisition authorized under subsection (a); and
"(3) include cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance (continued)