16 U.S.C. § 3196: Administrative sites and…

Summary

The Secretary can create administrative sites and visitor facilities to help preserve and manage conservation units. These sites can be inside a unit if they fit the unit’s purpose, or outside the unit nearby. Whenever possible and suitable, the Secretary must try to place them on nearby Native lands. To do this, the Secretary can make agreements with other federal agencies to use federal land. The Secretary can also lease, buy, accept donations of, or exchange non-Federal property, office space, housing, and other needed facilities, but cannot acquire land by condemnation. The Secretary may build, operate, and maintain buildings and facilities on land within or near a unit once authorized, but cannot start construction on land the United States does not own until the landowner agrees to terms that keep the site serving the law’s purposes.

Title 16, §3196

Conservation, Source: USLM XML via OLRC

(a)Establishment

In conformity with the conservation and management plans prepared for each unit and the purposes of assuring the preservation, protection, and proper management of any conservation system unit, the Secretary may establish sites and visitor facilities—

(1)within the unit, if compatible with the purposes for which the unit is established, expanded, or designated by this Act, and the other provisions of this Act, or

(2)outside the boundaries of, and in the vicinity of, the unit.

To the extent practicable and desirable, the Secretary shall attempt to locate such sites and facilities on Native lands in the vicinity of the unit.

(b)Authorities of Secretary

For the purpose of establishing administrative sites and visitor facilities under subsection (a)—

(1)the Secretary and the head of the Federal agency having primary authority over the administration of any Federal land which the Secretary determines is suitable for use in carrying out such purpose may enter into agreements permitting the Secretary to use such land for such purposes;

(2)notwithstanding any other provision of law, the Secretary, under such terms and conditions as he determines are reasonable, may lease or acquire by purchase, donation, exchange, or any other method (except condemnation) real property (other than Federal land), office space, housing, and other necessary facilities which the Secretary determines to be suitable for carrying out such purposes; and

(3)the Secretary may construct, operate, and maintain such permanent and temporary buildings and facilities as he deems appropriate on land which is within, or in the vicinity of, any conservation system unit and with respect to which the Secretary has acquired authority under this subsection to use the property for the purpose of establishing an administrative site or visitor facility under subsection (a), except that the Secretary may not begin construction of buildings and facilities on land not owned by the United States until the owner of such land has entered into an agreement with the Secretary, the terms of which assure the continued use of such buildings and facilities in furtherance of the purposes of this Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a)(1) and (b)(3), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of this title and Tables.

§3196 Administrative Sites and Visitor Facilities