Title 16ConservationRelease 119-73

§724 Consent of States to acquisition; existing rights-of-way, easements, etc.

Title 16 › Chapter CHAPTER 8— - UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE › § 724

Last updated Apr 6, 2026|Official source

Summary

The United States cannot buy land under this law until the legislature of every State that has part of the land gives permission. Except for a lease, the government also cannot pay for the land until the Attorney General is happy with the title and the land is owned by the United States. Existing rights like roads, easements, or other reservations do not stop the purchase if the Secretary of the Interior decides they won’t interfere with the land’s use under this law, or if the deed says those rights will be governed by rules made under this law.

Full Legal Text

Title 16, §724

Conservation — Source: USLM XML via OLRC

(a)No such area shall be acquired by the Secretary of the Interior until the legislature of each State in which is situated any part of the areas to be acquired under this chapter has consented to the acquisition of such part by the United States for the purposes of this chapter, and, except in the case of a lease, no payment shall be made by the United States for any such area until title thereto is satisfactory to the Attorney General and is vested in the United States.
(b)The existence of a right of way, easement, or other reservation or exception in respect of such area shall not be a bar to its acquisition (1) if the Secretary of the Interior determines that any such reservation or exception will in no manner interfere with the use of the area for the purposes of this chapter, or (2) if in the deed or other conveyance it is stipulated that any reservation or exception in respect of such area, in favor of the person from whom the United States receives title, shall be subject to regulations prescribed under authority of this chapter.

Legislative History

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

of Secretary of Agriculture to Secretary of the Interior by Reorg. Plan No. II of 1939, see

Transfer of Functions

note set out under section 723 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 724

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73