PRIA, Government Policy, Made Personal

Summary

The Secretary may get land inside the park by donation or exchange. For swaps with Florida, the Secretary may, despite other laws, trade specific federal lands removed by the boundary change in section 201 of the Act of June 28, 1980 (Public Law 96–287) that touch state land outside the park for state land inside the park. If the United States Coast Guard declares land it controls in the park, including Loggerhead Key, excess, that land must be transferred to the Secretary, though the Coast Guard can keep using the Loggerhead Key lighthouse. The Secretary may also lease, buy, accept donations of, or exchange and run support facilities in Key West, Florida, for park administration.

Title 16, §410xx–2

Conservation, Source: USLM XML via OLRC

(a)Within the boundaries of the park the Secretary may acquire lands and interests in land by donation or exchange. For the purposes of acquiring property by exchange with the State of Florida, the Secretary may, notwithstanding any other provision of law, exchange those Federal lands which were deleted from the park by the boundary modifications enacted by section 201 of the Act of June 28, 1980 (Public Law 96–287), and which are directly adjacent to lands owned by the State of Florida outside of the park, for lands owned by the State of Florida within the park boundary.

(b)When all or any substantial portion of lands under the administration of the United States Coast Guard located within the park boundaries, including Loggerhead Key, have been determined by the United States Coast Guard to be excess to its needs, such lands shall be transferred directly to the jurisdiction of the Secretary for the purposes of this subchapter. The United States Coast Guard may reserve the right in such transfer to maintain and utilize the existing lighthouse on Loggerhead Key in a manner consistent with the purposes of the United States Coast Guard and the purposes of this subchapter.

(c)The Secretary is authorized to lease or to acquire, by purchase, donation, or exchange, and to operate incidental administrative and support facilities in Key West, Florida, for park administration and to further the purposes of this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 201 of the Act of June 28, 1980 (Public Law 96–287), referred to in subsec. (a), appears in a table under the heading “National Monuments Established Under Presidential Proclamation”, set out as a note under section 320301 of Title 54, National Park Service and Related Programs.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§410xx–2 Land Acquisition and Transfer of Property