16 U.S.C. § 430g–5: Acquisition and disposal…

Summary

The Secretary can get land or land rights for the park by donation, buying with donated or budget money, swapping, or other ways. When taking land or rights, the Secretary must take only the smallest federal interest needed to meet the park’s goals. Some specific properties added to the park may only be taken as donations. The Secretary may also sell or transfer park lands under federal property rules and, if Congress allows, use the net money from those sales to buy more park land. The Secretary can swap federal lands that were left out of the park for land inside the park. If those excluded federal lands are not swapped within five years after August 17, 1990, the Secretary may sell them to the highest bidder but not for less than the fair market value. All sales or swaps must include conditions to protect the park and the Gettysburg Battlefield Historic District. The Secretary may give up federal legal control of excluded lands to Pennsylvania by sending a notice to the Governor that takes effect when the state accepts it.

Title 16, §430g–5

Conservation, Source: USLM XML via OLRC

(a)General authority

(1)Authority to acquire land (2) Minimum Federal interests

The Secretary is authorized to acquire lands and interests in lands within the park by donation, purchase with donated or appropriated funds, exchange, or otherwise.

(3)Method of acquisition for certain land

Notwithstanding paragraph (1), the Secretary may acquire the properties added to the park by section 430g–4(b)(2) of this title only by donation.

(b)Authority to convey freehold and leasehold interests within park

The Secretary may convey lands and interests in lands within the park authorized in accordance with subsection (a) of section 102901 of title 54, except that, notwithstanding subsection (d) of that section, the net proceeds from any such conveyance may be used, subject to appropriations, to acquire lands and interests within the park.

(c)Conveyance of lands excluded from park

(1)The Secretary is authorized, in accordance with applicable existing law, to exchange Federal lands and interests excluded from the park pursuant to section 430g–4(c) of this title for the purpose of acquiring lands within the park boundary.

(2)If any such Federal lands or interests are not exchanged within five years after August 17, 1990, the Secretary may sell any or all such lands or interests to the highest bidder, in accordance with such regulations as the Secretary may prescribe, but any such conveyance shall be at not less than the fair market value of the land or interest, as determined by the Secretary.

(3)All Federal lands and interests sold or exchanged pursuant to this subsection shall be subject to such terms and conditions as will assure the use of the property in a manner which, in the judgment of the Secretary, will protect the park and the Gettysburg Battlefield Historic District (hereafter in sections 430g–5 to 430g–10 of this title referred to as the “historic district”). Notwithstanding any other provision of law, the net proceeds from any such sale or exchange shall be used, subject to appropriations, to acquire lands and interests within the park.

(d)Relinquishment of legislative jurisdiction to Pennsylvania

With respect to any lands over which the United States exercises exclusive or concurrent legislative jurisdiction and which are excluded from the park pursuant to section 430g–4(c) of this title, the Secretary may relinquish to the State of Pennsylvania such exclusive or concurrent legislative jurisdiction by filing with the Governor a notice of relinquishment to take effect upon acceptance thereof, unless otherwise provided by the laws of the State.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b), “subsection (a) of section 102901 of title 54” substituted for “subsection (a) of the Act of

July 15, 1968 (16 U.S.C. 460l–22)”, meaning “subsection (a) of section 5 of the Act of

July 15, 1968 (16 U.S.C. 460l–22)”, on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Amendments

2014—Subsec. (a). Pub. L. 113–291 designated first and second sentences as pars. (1) and (2), respectively, inserted par. headings, and added par. (3). 2000—Subsecs. (c)(1), (d). Pub. L. 106–290 substituted “430g–4(c)” for “430g–4(b)”.

§430g–5 Acquisition and Disposal of Lands

Summary

Title 16, §430g–5

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata