§430kk — Title 16 Conservation | U.S. Code

Summary

The Secretary of the Interior must buy or otherwise get the Wilson’s Creek Battlefield near Springfield, Missouri, and any nearby lands needed to protect and manage it. The battlefield boundary is expanded to include six parcels totaling 615 acres shown as parcels 1–6 on the map titled "Wilson’s Creek National Battlefield Proposed Boundary" (map no. 410/80,037, dated January 27, 2004) and about 25 acres marked "Proposed Addition" on the map titled "Wilson’s Creek National Battlefield Proposed Boundary Modification" (map no. 410/177,379, dated July 2022). Those maps will be kept on file for the public, and the Secretary may correct clerical or typographical map errors. The Secretary may acquire the land and related personal property by donation, purchase from willing sellers with donated or appropriated funds, or by exchange. Private owners are not required to allow public or government access to their land, and this law does not change other laws about access or land use. The boundary change does not create new liability for owners or force them to be part of the National Battlefield. Federal money for the battlefield may only be spent inside the revised boundary, and the change does not give the Secretary or the National Park Service new power to regulate land use or the landscape around it.

Title 16, §430kk

Conservation — Source: USLM XML via OLRC

(a)The Secretary of the Interior shall acquire, by gift, purchase, condemnation, or otherwise, the lands (together with any improvements thereon) comprising the Wilson’s Creek Battlefield site near Springfield, Missouri, and any other lands adjacent to such site which in his opinion are necessary or desirable to carry out the purposes of sections 430kk to 430mm of this title.

(b)(1)(A)The boundaries of the Wilson’s Creek National Battlefield are revised to include lands and interests therein consisting of six parcels totaling 615 acres and identified as parcels “1, 2, 3, 4, 5, and 6” on the map entitled “Wilson’s Creek National Battlefield Proposed Boundary”, numbered 410/80,037 and dated January 27, 2004.

(B)The boundary of the Wilson’s Creek National Battlefield is revised to include the approximately 25 acres of land identified as “Proposed Addition” on the map entitled “Wilson’s Creek National Battlefield Proposed Boundary Modification”, numbered 410/177,379, and dated July 2022.

(C)The maps described in subparagraphs (A) and (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(D)The Secretary of the Interior may correct any clerical or typographical error in a map described in subparagraph (A) or (B).

(2)The Secretary of the Interior may acquire the land described in subparagraphs (A) and (B) of paragraph (1) by donation, by purchase from willing sellers with donated or appropriated funds, or by exchange. The Secretary may acquire by the same methods personal property associated with, and appropriate for, interpretation of Wilson’s Creek National Battlefield.

(c)Nothing in sections 430kk to 430mm of this title shall be construed to—

(1)require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or

(2)modify any provision of Federal, State, or local law with regard to public access to or use of private property.

(d)The revision of the boundaries of the Wilson’s Creek National Battlefield by subsection (b) shall not be considered to create any liability for, or to have any effect on any liability under any other law of, any owner of private property with respect to any person injured on that private property.

(e)Nothing in sections 430kk to 430mm of this title shall be construed to modify the authority of Federal, State, or local governments to regulate land use.

(f)Nothing in sections 430kk to 430mm of this title shall be construed to require the owner of any private property located within the boundaries of the Wilson’s Creek National Battlefield to participate in, or be associated with, the National Battlefield.

(g)The boundaries of the Wilson’s Creek National Battlefield, as revised by subsection (b), represent the area within which Federal funds appropriated for the purpose of sections 430kk to 430mm of this title may be expended. The boundary revision shall not be construed to provide any nonexisting regulatory authority on land use within the National Battlefield or its viewshed by the Secretary or the National Park Service.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(1). Pub. L. 117–328, § 616(1), inserted par. heading; designated first sentence as subpar. (A) and inserted heading; designated second sentence as subpar. (C), inserted heading, and substituted “The maps described in subparagraphs (A) and (B)” for “The map”; and added subpars. (B) and (D). Subsec. (b)(2). Pub. L. 117–328, § 616(2), inserted heading and substituted “The Secretary of the Interior may acquire the land described in subparagraphs (A) and (B) of paragraph (1)” for “The Secretary is authorized to acquire the lands referred to in paragraph (1)” in first sentence and “Wilson’s Creek National Battlefield” for “the park” in second sentence. 2004—Pub. L. 108–394 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (g).

Statutory Notes and Related Subsidiaries

Short Title

of 2004 Amendment Pub. L. 108–394, § 1, Oct. 30, 2004, 118 Stat. 2247, provided that: “This Act [amending this section and section 430mm of this title] may be cited as the ‘Wilson’s Creek National Battlefield Boundary Adjustment Act of 2004’.”

§430kk Wilson’s Creek National Battlefield: establishment and acquisition of lands