Title 16ConservationRelease 119-73

§398a Conditions and limitations

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER XLIV— - VIRGIN ISLANDS NATIONAL PARK › § 398a

Last updated Apr 6, 2026|Official source

Summary

Gives the Secretary of the Interior the power to create the Virgin Islands National Park, but only if certain size limits and steps are followed. The park cannot be more than 9,500 acres total: no more than 15 acres on Saint Thomas and up to 9,485 acres on parts of Saint John and nearby small islands, rocks, and cays, with those small islands together not over 500 acres. The Secretary can draw and change tentative outer boundary lines that stay within those limits to show where land may be acquired. The Secretary may accept donations of land, things, and money until the United States owns the full 9,500 acres. The Secretary may also accept by donation or buy from a willing seller the property on Lots 251–252 Estate Contant Enighed, Parcels 86B and 86AA Cruz Bay Quarter. Federal properties inside the chosen areas can be transferred to the Secretary without extra approval if the agency in charge agrees. The park is officially set up for management once at least 5,000 acres are owned by the federal government in specific areas the Secretary names. Notice of the park’s establishment must be published in the Federal Register.

Full Legal Text

Title 16, §398a

Conservation — Source: USLM XML via OLRC

The Secretary of the Interior is authorized subject to the following conditions and limitations, to proceed in such manner as he shall find to be necessary in the public interest to consummate the establishment of the Virgin Islands National Park:
(a)The acreage of the national park shall be limited to a total of not more than nine thousand five hundred acres of land area, such total to be comprised of not more than fifteen acres on the island of Saint Thomas, and not more than nine thousand four hundred and eighty-five additional acres to be comprised of portions of the island of Saint John and such small islands, rocks, and cays not in excess of five hundred acres in the general vicinity thereof as may be desirable for inclusion within the park;
(b)Tentative exterior boundary lines, to include land not in excess of the aforesaid acreage limitations, may be selected for the park in order to establish the particular areas in which land may be acquired pursuant to this section and section 398 of this title, such tentative boundaries to be selected and adjusted as may be necessary by the Secretary of the Interior;
(c)The Secretary, on behalf of the United States, is authorized to accept donations of real and personal property within the areas selected for the park until such time as the aforesaid total of nine thousand five hundred acres shall have been acquired for the park by the United States, and he may also accept donations of funds for the purposes of this section and section 398 of this title. Notwithstanding the acreage limitations and boundary designations contained in this section, the Secretary is authorized to accept through donation, or purchase from a willing seller, the real and personal property located on Lots 251–252 Estate Contant Enighed, Parcels 86B and 86AA Cruz Bay Quarter;
(d)Any Federal properties situated within the areas selected for the park, upon agreement by the particular agency administering such properties that such properties should be made available for the park, may be transferred without further authorization to the Secretary by such agency for purposes of this section and section 398 of this title;
(e)Establishment of the Virgin Islands National Park, in its initial phase, shall be and is declared to be accomplished and effective for purposes of administration when a minimum acreage of not less than five thousand acres in Federal ownership for purposes of this section and section 398 of this title shall have been acquired by the United States in specific areas containing such acquired lands to be designated by the Secretary; and
(f)Notice of the establishment of the park as authorized and prescribed by this section and section 398 of this title shall be published in the Federal Register.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1978—Subsec. (c). Pub. L. 95–348 inserted provisions relating to acceptance through donation or purchase of the real and personal property located on Lots 251–252 Estate Contant Enighed.

Reference

Citations & Metadata

Citation

16 U.S.C. § 398a

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73