16 U.S.C. § 160a–1: Boundaries

Summary

The park includes the lands and waters shown on the map called “Voyageurs National Park, Proposed Land Transfer & Boundary Adjustment”, number 172/80,056, dated June 2009 (22 sheets), which is kept by the National Park Service for public viewing. Within one year after the United States acquires lands owned by the State of Minnesota or its local governments inside the park, the Secretary of the Interior must add a precise legal description to that map. The Secretary can update the park boundaries by publishing a new map or description, but any change cannot increase park acreage by more than 1,000 acres. The Secretary may also make specific swaps and transfers so the park boundary matches an older drawing (number 172–80,008–MWR, dated November 1981). Those changes can remove about 782 acres at Neil Point; add about 180 acres at Black Bay Narrows; add about 18.45 acres at Kabetogama Forestry Station; add about 120 acres as a strip in section 1, township 68 north, range 20 west, 4th principal meridian (400 feet on each side of the road); and, subject to conditions, remove and give about 1,000 acres at Black Bay to Minnesota. The State must transfer the lands in the two added parcels to the United States (any lease or easement must become a full transfer by June 30, 1987), and enter a recordable agreement to create a wildlife management area, manage waters and shorelands to protect resources, not transfer the Black Bay land to anyone else, and allow Park access. If the State breaks that agreement, the Black Bay land returns to U.S. control when the Secretary gives notice unless the State files a court appeal within 90 days.

Title 16, §160a–1

Conservation, Source: USLM XML via OLRC

(a)Lands and waters included; legal description; revision

Except as provided in subsection (b) of this section, the park shall include the lands and waters within the boundaries as generally depicted on the map entitled “Voyageurs National Park, Proposed Land Transfer & Boundary Adjustment”, numbered 172/80,056, and dated June 2009 (22 sheets), which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. Within one year after acquisition of the lands owned by the State of Minnesota and its political subdivisions within the boundaries of the park the Secretary shall affix to such map an exact legal description of said boundaries. The Secretary may revise the boundaries of the park from time to time by publishing in the Federal Register a revised map or other boundary description, but such revisions shall not increase the land acreage within the park by more than one thousand acres.

(b)Additional revisions; procedures applicable; failure to comply with procedures

(1)In addition to such revisions as the Secretary may make in the boundaries of the park from time to time pursuant to other provisions of law, the Secretary may, according to the provisions of subsection (a)—

(A)delete approximately 782 acres in the Neil Point area of the park;

(B)add approximately 180 acres in the Black Bay Narrows areas of the park;

(C)add approximately 18.45 acres owned by the State of Minnesota at the Kabetogama Forestry Station;

(D)add approximately 120 acres owned by the State of Minnesota, being a strip of land through that portion of section 1, township 68 north, range 20 west, fourth principal meridian, which is parallel to and 400 feet on both sides of the unimproved road extending northward from the Ash River Trail as such road crosses each section; and

(E)subject to the provisions of paragraph (2), delete approximately 1,000 acres at Black Bay and convey such lands to the State of Minnesota.

All of the aforementioned boundary changes if accomplished shall be accomplished such that the boundary of the park shall conform to that generally depicted on the drawing entitled “Boundary, Voyageurs National Park, United States Department of the Interior, National Park Service”, numbered 172–80, 008–MWR, and dated November 1981, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

(2)The Secretary may not delete or convey the lands referred to in paragraph (1)(E) unless, prior to or simultaneously with such deletion or conveyance and in consideration of such conveyance, the State of Minnesota—

(A)tenders a conveyance of the lands described in subparagraphs (C) and (D) of paragraph (1) to the United States by such instrument and in such manner as are satisfactory to the Secretary, including but not limited to lease or easement: Provided, That if the interest conveyed is a lease or easement, the State of Minnesota shall substitute therefore a transfer of all right, title, and interest in the land by June 30, 1987: Provided further, That if the State does not transfer all right, title, and interest in such lands by June 30, 1987, the land described in paragraph (1)(E) shall revert to the United States for administration by the Secretary as part of the park; and

(B)enters into a recordable agreement satisfactory to the Secretary which provides that—

(i)the State has established a wildlife management area in the area authorized to be deleted and conveyed to the State by paragraph (1)(E);

(ii)the State has prepared a plan acceptable to the Secretary to manage all the waters of and State lands riparian to Black Bay (including all of the State-owned lands and waters of Rainy Lake) to preserve the natural resources of the area so as to complement to the fullest extent possible the purposes for which the park was established;

(iii)the State shall not transfer any right, title, or interest in, or control over, any land described in paragraph (1)(E) to any person other than the Secretary; and

(iv)the State shall permit access by the Secretary at reasonable times to the land described in paragraph (1)(E).

(3)If at any time the State fails to comply with the material requirements of the agreement referred to in paragraph (2)(B), all right, title, and interest in the land described in paragraph (1)(E) shall revert to the United States for administration by the Secretary as part of the park. Such reversion shall take effect upon the delivery by the Secretary of notice to the State respecting such failure to comply without further notice or requirement for physical entry by the Secretary unless an action for judicial review is brought in the United States Court of Appeals for the appropriate circuit within ninety days following such notice. In any such action the court may issue such orders as are appropriate to carry out the requirements of this subsection.

Notes & Related Subsidiaries

Editorial Notes

Codification Provisions of section 102 of Pub. L. 91–661 [this section] were formerly set out as an undesignated second paragraph in section 160a of this title prior to amendment by Pub. L. 97–405.

Amendments

2019—Subsec. (a). Pub. L. 116–9, § 2107(a)(1), substituted “the map entitled ‘Voyageurs National Park, Proposed Land Transfer & Boundary Adjustment’, numbered 172/80,056, and dated June 2009 (22 sheets)” for “the drawing entitled ‘A Proposed Voyageurs National Park, Minnesota,’ numbered LNPMW–VOYA–1001, dated February 1969”, “such map” for “such drawing”, and “revised map” for “revised drawing”. Subsec. (b)(2)(A). Pub. L. 116–9, § 2107(a)(2), substituted “subparagraphs (C) and (D) of paragraph (1)” for “paragraph (1)(C) and (D)” and “paragraph (1)(E)” for “paragraph 1(E)”. 1983—Subsec. (a). Pub. L. 97–405, § 1(1), substituted “(a) Except as provided in subsection (b) of this section, the park” for “The park”. Subsec. (b). Pub. L. 97–405, § 1(2), added subsec. (b).

§160a–1 Boundaries

Summary

Title 16, §160a–1

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata