§430g–5 — Title 16 Conservation | U.S. Code

Summary

The Secretary may get land or land rights for the park by gift, by buying with donated or approved money, by trading, or by other means. When getting land under this law, the Secretary must take only the smallest federal interest needed to meet the park’s goals. Land added in one specific part of the park can only be taken by gift. The Secretary can also transfer park land under federal property rules, and the money left over from any transfer may be used, if Congress provides the funds, to buy more park land. The Secretary may trade federal lands that were left out of the park to get land inside the park. If those excluded federal lands are not traded within five years after August 17, 1990, the Secretary may sell them to the highest bidder under rules the Secretary makes, and must get at least the fair market value. Any sale or trade must include conditions the Secretary thinks will protect the park and the Gettysburg Battlefield Historic District. For U.S.-controlled lands that were excluded, the Secretary may return the State of Pennsylvania’s legislative control by sending a notice to the Governor that takes effect when the Governor accepts, unless state law says otherwise.

Title 16, §430g–5

Conservation — Source: USLM XML via OLRC

(a)(1)The Secretary is authorized to acquire lands and interests in lands within the park by donation, purchase with donated or appropriated funds, exchange, or otherwise.

(2)In acquiring lands and interests in lands under sections 430g–4 to 430g–10 of this title, the Secretary shall acquire the minimum Federal interests necessary to achieve the objectives identified for specific areas and the park.

(3)Notwithstanding paragraph (1), the Secretary may acquire the properties added to the park by section 430g–4(b)(2) of this title only by donation.

(b)The Secretary may convey lands and interests in lands within the park authorized in accordance with subsection (a) of section 102901 of title 54, except that, notwithstanding subsection (d) of that section, the net proceeds from any such conveyance may be used, subject to appropriations, to acquire lands and interests within the park.

(c)(1)The Secretary is authorized, in accordance with applicable existing law, to exchange Federal lands and interests excluded from the park pursuant to section 430g–4(c) of this title for the purpose of acquiring lands within the park boundary.

(2)If any such Federal lands or interests are not exchanged within five years after August 17, 1990, the Secretary may sell any or all such lands or interests to the highest bidder, in accordance with such regulations as the Secretary may prescribe, but any such conveyance shall be at not less than the fair market value of the land or interest, as determined by the Secretary.

(3)All Federal lands and interests sold or exchanged pursuant to this subsection shall be subject to such terms and conditions as will assure the use of the property in a manner which, in the judgment of the Secretary, will protect the park and the Gettysburg Battlefield Historic District (hereafter in sections 430g–5 to 430g–10 of this title referred to as the “historic district”). Notwithstanding any other provision of law, the net proceeds from any such sale or exchange shall be used, subject to appropriations, to acquire lands and interests within the park.

(d)With respect to any lands over which the United States exercises exclusive or concurrent legislative jurisdiction and which are excluded from the park pursuant to section 430g–4(c) of this title, the Secretary may relinquish to the State of Pennsylvania such exclusive or concurrent legislative jurisdiction by filing with the Governor a notice of relinquishment to take effect upon acceptance thereof, unless otherwise provided by the laws of the State.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b), “subsection (a) of section 102901 of title 54” substituted for “subsection (a) of the Act of

July 15, 1968 (16 U.S.C. 460l–22)”, meaning “subsection (a) of section 5 of the Act of

July 15, 1968 (16 U.S.C. 460l–22)”, on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Amendments

2014—Subsec. (a). Pub. L. 113–291 designated first and second sentences as pars. (1) and (2), respectively, inserted par. headings, and added par. (3). 2000—Subsecs. (c)(1), (d). Pub. L. 106–290 substituted “430g–4(c)” for “430g–4(b)”.

§430g–5 Acquisition and disposal of lands

Summary

Title 16, §430g–5

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata