16 U.S.C. § 430kk: Wilson’s Creek National…

Summary

Creates and expands Wilson’s Creek National Battlefield near Springfield, Missouri, and requires the Secretary of the Interior to get the battlefield land and nearby property needed for the park by gift, purchase, condemnation, or other means. The park boundary is changed to add six parcels totaling 615 acres (parcels 1–6) shown on a map dated January 27, 2004, and about 25 acres at Newtonia shown on a map dated July 2022. Those maps are kept on file at National Park Service offices, and the Secretary can fix clerical or typographical errors on them. The Secretary can acquire those lands and related personal property by donation, by buying from willing sellers with donated or appropriated funds, or by exchange. Private owners are not required to give public or government access to their land, and the law does not change existing rules about access, land-use regulation, or owner liability for injuries. Owners inside the new boundary are not forced to take part in the park. The boundary change only shows where federal money for these battlefield laws can be spent and does not give new power to control land use or the viewshed.

Title 16, §430kk

Conservation, Source: USLM XML via OLRC

(a)Establishment, initial boundaries

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)Expansion of boundaries

(1)Additional land (2) Method of acquisition

(A)In general

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)Newtonia Battlefield addition

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)Availability of maps

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)Errors

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

(c)Access to private property

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)Liability

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)Recognition of authority to control land use

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)Participation of private property owners

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)Effect of expansion

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