§430kk — Title 16 Conservation | U.S. Code

Summary

The Secretary of the Interior must acquire the Wilson’s Creek Battlefield near Springfield, Missouri, and any nearby land needed to protect and manage it. The park’s boundary is changed to add six parcels totaling 615 acres shown on a map dated January 27, 2004, and to add about 25 acres shown on a map dated July 2022. Those maps are kept on file and open for public inspection, and the Secretary may fix minor map errors. The Secretary can acquire the lands by gift, purchase, condemnation, or other lawful means. For the newly listed parcels, the Secretary may accept donations, buy from willing sellers with donated or appropriated funds, or trade for them. The Secretary may also get personal property needed to interpret the battlefield. Private landowners are not required to allow public access, and this law does not change other Federal, State, or local land-use or public-access laws. The boundary change does not make owners liable under other laws for injuries on their land, nor does it force owners to take part in or be associated with the National Battlefield. Federal money for these purposes can only be spent inside the revised boundaries, and the new boundary does not give the Secretary or the National Park Service extra power to regulate land use.

Title 16, §430kk

Conservation — Source: USLM XML via OLRC

(a)The Secretary of the Interior shall acquire, by gift, purchase, condemnation, or otherwise, the lands (together with any improvements thereon) comprising the Wilson’s Creek Battlefield site near Springfield, Missouri, and any other lands adjacent to such site which in his opinion are necessary or desirable to carry out the purposes of sections 430kk to 430mm of this title.

(b)(1)(A)The boundaries of the Wilson’s Creek National Battlefield are revised to include lands and interests therein consisting of six parcels totaling 615 acres and identified as parcels “1, 2, 3, 4, 5, and 6” on the map entitled “Wilson’s Creek National Battlefield Proposed Boundary”, numbered 410/80,037 and dated January 27, 2004.

(B)The boundary of the Wilson’s Creek National Battlefield is revised to include the approximately 25 acres of land identified as “Proposed Addition” on the map entitled “Wilson’s Creek National Battlefield Proposed Boundary Modification”, numbered 410/177,379, and dated July 2022.

(C)The maps described in subparagraphs (A) and (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(D)The Secretary of the Interior may correct any clerical or typographical error in a map described in subparagraph (A) or (B).

(2)The Secretary of the Interior may acquire the land described in subparagraphs (A) and (B) of paragraph (1) by donation, by purchase from willing sellers with donated or appropriated funds, or by exchange. The Secretary may acquire by the same methods personal property associated with, and appropriate for, interpretation of Wilson’s Creek National Battlefield.

(c)Nothing in sections 430kk to 430mm of this title shall be construed to—

(1)require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or

(2)modify any provision of Federal, State, or local law with regard to public access to or use of private property.

(d)The revision of the boundaries of the Wilson’s Creek National Battlefield by subsection (b) shall not be considered to create any liability for, or to have any effect on any liability under any other law of, any owner of private property with respect to any person injured on that private property.

(e)Nothing in sections 430kk to 430mm of this title shall be construed to modify the authority of Federal, State, or local governments to regulate land use.

(f)Nothing in sections 430kk to 430mm of this title shall be construed to require the owner of any private property located within the boundaries of the Wilson’s Creek National Battlefield to participate in, or be associated with, the National Battlefield.

(g)The boundaries of the Wilson’s Creek National Battlefield, as revised by subsection (b), represent the area within which Federal funds appropriated for the purpose of sections 430kk to 430mm of this title may be expended. The boundary revision shall not be construed to provide any nonexisting regulatory authority on land use within the National Battlefield or its viewshed by the Secretary or the National Park Service.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(1). Pub. L. 117–328, § 616(1), inserted par. heading; designated first sentence as subpar. (A) and inserted heading; designated second sentence as subpar. (C), inserted heading, and substituted “The maps described in subparagraphs (A) and (B)” for “The map”; and added subpars. (B) and (D). Subsec. (b)(2). Pub. L. 117–328, § 616(2), inserted heading and substituted “The Secretary of the Interior may acquire the land described in subparagraphs (A) and (B) of paragraph (1)” for “The Secretary is authorized to acquire the lands referred to in paragraph (1)” in first sentence and “Wilson’s Creek National Battlefield” for “the park” in second sentence. 2004—Pub. L. 108–394 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (g).

Statutory Notes and Related Subsidiaries

Short Title

of 2004 Amendment Pub. L. 108–394, § 1, Oct. 30, 2004, 118 Stat. 2247, provided that: “This Act [amending this section and section 430mm of this title] may be cited as the ‘Wilson’s Creek National Battlefield Boundary Adjustment Act of 2004’.”

§430kk Wilson’s Creek National Battlefield: Establishment and Acquisition of Lands