§100506 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

The Secretary must keep clear rules for reviewing any proposed change to the borders of a System unit. Those rules must check whether current borders protect the unit’s natural, historic, cultural, scenic, and recreation resources; review each parcel being added or removed; and look at how a change would affect nearby communities and other listed factors. Before proposing a change, the Secretary must talk with state and local governments, nearby towns, affected landowners, and private groups. Any proposal must use the rules, include a written report of the results, give a cost estimate for buying parcels (with the basis for the estimate), and say how each parcel ranks in priority for acquisition. When the Secretary decides a small boundary change is needed for proper protection or management, the Secretary may, after written notice to two Congressional committees and by publishing a revised boundary map in the Federal Register, make minor boundary changes and acquire adjacent land by donation, purchase with donated funds, transfer, or exchange. The Secretary cannot exchange away Service-managed property to get land, cannot take land without the owner’s consent, and may only get State-owned land by donation. The Secretary must consult local taxing authorities, work to inform the public, and treat added lands as part of the unit. Minor changes are allowed only if several rules are met, including that total acres added plus removed is ≤5% and <200 acres, total appraised value is ≤ $750,000, the change is not a major Federal action, public review occurred, owners consent, and the land abuts other Federal land. Small deletions of Federal land the Service manages need an Act of Congress.

Title 54, §100506

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)The Secretary shall maintain criteria to evaluate any proposed changes to the boundaries of System units, including—

(1)analysis of whether or not an existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the System unit;

(2)an evaluation of each parcel proposed for addition or deletion to a System unit based on the analysis under paragraph (1); and

(3)an assessment of the impact of potential boundary adjustments taking into consideration the factors in section 100505(c)(3) of this title and the effect of the adjustments on the local communities and surrounding area.

(b)In proposing a boundary change to a System unit, the Secretary shall—

(1)consult with affected agencies of State and local governments, surrounding communities, affected landowners, and private national, regional, and local organizations;

(2)apply the criteria developed pursuant to subsection (a) and accompany the proposal with a statement reflecting the results of the application of the criteria; and

(3)include with the proposal an estimate of the cost for acquiring any parcels proposed for acquisition, the basis for the estimate, and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other parcels for the System unit and for the System.

(c)(1)When the Secretary determines that to do so will contribute to, and is necessary for, the proper preservation, protection, interpretation, or management of a System unit, the Secretary may, following timely notice in writing to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate of the Secretary’s intention to do so, and by publication of a revised boundary map or other description in the Federal Register—

(A)make minor changes to the boundary of the System unit, and amounts appropriated from the Fund shall be available for acquisition of any land, water, and interests in land or water added to the System unit by the boundary change subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to the System unit; and

(B)acquire by donation, purchase with donated funds, transfer from any other Federal agency, or exchange, land, water, or interests in land or water adjacent to the System unit, except that in exercising the Secretary’s authority under this subparagraph the Secretary—

(i)shall not alienate property administered as part of the System to acquire land by exchange;

(ii)shall not acquire property without the consent of the owner; and

(iii)may acquire property owned by a State or political subdivision of a State only by donation.

(2)Prior to making a determination under this subsection, the Secretary shall consult with the governing body of the county, city, town, or other jurisdiction or jurisdictions having primary taxing authority over the land or interest to be acquired as to the impacts of the proposed action.

(3)The Secretary shall take such steps as the Secretary considers appropriate to advance local public awareness of the proposed action.

(4)Land, water, and interests in land or water acquired in accordance with this subsection shall be administered as part of the System unit to which they are added, subject to the laws and regulations applicable to the System unit.

(5)For the purposes of paragraph (1)(A), in all cases except the case of technical boundary changes (resulting from such causes as survey error or changed road alignments), the authority of the Secretary under paragraph (1)(A) shall apply only if each of the following conditions is met:

(A)The sum of the total acreage of the land, water, and interests in land or water to be added to the System unit and the total acreage of the land, water, and interests in land or water to be deleted from the System unit is not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than 200 acres.

(B)The acquisition, if any, is not a major Federal action significantly affecting the quality of the human environment, as determined by the Secretary.

(C)The sum of the total appraised value of the land, water, and interests in land or water to be added to the System unit and the total appraised value of the land, water, and interests in land or water to be deleted from the System unit does not exceed $750,000.

(D)The proposed boundary change is not an element of a more comprehensive boundary change proposal.

(E)The proposed boundary has been subject to a public review and comment period.

(F)The Director obtains written consent for the boundary change from all property owners whose land, water, or interests in land or water, or a portion of whose land, water, or interests in land or water, will be added to or deleted from the System unit by the boundary change.

(G)The land abuts other Federal land administered by the Director.

(6)Minor boundary changes involving only deletions of acreage owned by the Federal Government and administered by the Service may be made only by Act of Congress.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 100506(a)16 U.S.C. 1a–12.Pub. L. 101–628, title XII, §§ 1216, 1217, Nov. 28, 1990, 104 Stat. 4508. 100506(b)16 U.S.C. 1a–13. 100506(c)16 U.S.C. 460l–9(c).Pub. L. 88–578, title I, § 7(c), formerly § 6(c), as added Pub. L. 95–42, § 1(5), June 10, 1977, 91 Stat. 211; Pub. L. 96–203, § 2(2), Mar. 10, 1980, 94 Stat. 81; Pub. L. 103–437, § 6(p)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104–333, div. I, title VIII, § 814(b), Nov. 12, 1996, 110 Stat. 4194; Pub. L. 106–176, title I, §§ 120(b), 129, Mar. 10, 2000, 114 Stat. 28, 30. In subsection (a), before paragraph (1), the word “maintain” is substituted for “Within one year after November 28, 1990 . . . develop” to eliminate obsolete words. In paragraph (3), the reference to paragraph (c) in 16 U.S.C. 1a–12 is treated as a reference to 16 U.S.C. 1a–11(c) for clarity. In subsection (b), before paragraph (1), the words “after November 28, 1990” are omitted as obsolete.

§100506 Boundary changes to System units

Summary

Title 54, §100506

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata