Title 16ConservationRelease 119-73

§410xx–2 Land acquisition and transfer of property

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LIX–V— - DRY TORTUGAS NATIONAL PARK › § 410xx–2

Last updated Apr 6, 2026|Official source

Summary

Secretary may get land in the park by donation, purchase, or exchange. For swaps with the State of Florida, federal lands removed by section 201 of the Act (June 28, 1980; Public Law 96–287) that are next to Florida land outside the park may be exchanged for Florida-owned land inside the park. If Coast Guard land in the park, including Loggerhead Key, is declared excess, it must go to the Secretary, though the Coast Guard may keep using the Loggerhead Key lighthouse. The Secretary may also lease or acquire facilities in Key West to run the park.

Full Legal Text

Title 16, §410xx–2

Conservation — Source: USLM XML via OLRC

(a)Within the boundaries of the park the Secretary may acquire lands and interests in land by donation or exchange. For the purposes of acquiring property by exchange with the State of Florida, the Secretary may, notwithstanding any other provision of law, exchange those Federal lands which were deleted from the park by the boundary modifications enacted by section 201 of the Act of June 28, 1980 (Public Law 96–287), and which are directly adjacent to lands owned by the State of Florida outside of the park, for lands owned by the State of Florida within the park boundary.
(b)When all or any substantial portion of lands under the administration of the United States Coast Guard located within the park boundaries, including Loggerhead Key, have been determined by the United States Coast Guard to be excess to its needs, such lands shall be transferred directly to the jurisdiction of the Secretary for the purposes of this subchapter. The United States Coast Guard may reserve the right in such transfer to maintain and utilize the existing lighthouse on Loggerhead Key in a manner consistent with the purposes of the United States Coast Guard and the purposes of this subchapter.
(c)The Secretary is authorized to lease or to acquire, by purchase, donation, or exchange, and to operate incidental administrative and support facilities in Key West, Florida, for park administration and to further the purposes of this subchapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 201 of the Act of June 28, 1980 (Public Law 96–287), referred to in subsec. (a), appears in a table under the heading “National Monuments Established Under Presidential Proclamation”, set out as a note under section 320301 of Title 54, National Park Service and Related Programs.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reference

Citations & Metadata

Citation

16 U.S.C. § 410xx–2

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73