16 U.S.C. § 441i: Exchanges of land

Summary

The Secretary of the Interior may accept ownership of land or land interests inside the revised boundaries of Badlands National Park under sections 441f to 441i, and must follow sections 3111 and 3112 of title 40 when doing so. In return, and with the approval of the Secretary of Agriculture, the Interior can give patents to lands of about equal value from the Badlands Fall River soil conservation project (SD–LU–1). The Agriculture Secretary may instead transfer U.S.-owned lands of equal value in that project. Those land swaps are treated as exchanges under section 32c, title III, of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) and must follow that law. Once the United States accepts title, the lands become part of the park. Conveyances can include any reservations needed for the public interest.

Title 16, §441i

Conservation, Source: USLM XML via OLRC

In order that exchanges of land may be effectuated for the purposes of sections 441f to 441i of this title, the Secretary of the Interior is authorized, in his discretion and in accordance with the provisions of section 3111 and 3112 of title 40, to accept, on behalf of the United States, title to any land or interests in land within the exterior boundaries of the Badlands National Park as revised pursuant to sections 441f to 441i of this title, and, in exchange therefor, with the approval and concurrence of the Secretary of Agriculture, the Secretary of the Interior may patent lands of approximately equal value which were formerly set apart and reserved from the public domain within the Badlands Fall River soil conservation project, SD–LU–1. In effectuating such exchanges, in lieu of conveyances by the Secretary of the Interior, the Secretary of Agriculture may convey lands of approximately equal value within said project which have been acquired heretofore by the United States. All such exchanges shall, in all other respects, be considered as exchanges under the provisions of section 32c, title III, of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1011(c)] and shall otherwise be in accordance with provisions of said Act [7 U.S.C. 1000 et seq.]; except that, upon acceptance of title to any lands so acquired by the United States under this section, such lands and any other lands acquired otherwise by the United States within the park boundaries shall be a part of that area. In consummating land exchanges hereunder upon an equitable basis, patents and instruments of conveyance may be issued, and property may be accepted, by the United States, subject to such reservations as may be necessary or in the public interest.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522, which is classified generally to chapter 33 (§ 1000 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables. Codification “section 3111 and 3112 of title 40” substituted in text for “section 355 of the Revised Statutes” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Statutory Notes and Related Subsidiaries

Change of Name

Words “Park” and “park” substituted in text for “Monument” and “monument”, respectively, pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.

§441i Exchanges of Land