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Title 16, ConservationRelease 119-110

§441k Acquisition of Property for Park

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXI — NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS › § 441k

Last updated Sep 22, 2026|Official source

Summary

The Secretary of the Interior can get land or land rights inside the park by donation, buying (with donated or government money), or by swapping property. Land owned by the State of South Dakota, any of its local governments, or the Oglala Sioux Tribe can only be taken if that owner agrees. Land that other federal agencies manage inside the park can be moved to the Interior Secretary’s control without moving money. For park land outside the gunnery range mentioned in section 441l, the Secretary may only get rights-of-way and scenic easements.

Full Legal Text

Title 16, §441k

Conservation, Source: USLM XML via OLRC

(a)Consent of State or Oglala Sioux Tribe of South Dakota; transfer from Federal agency
Subject to the provisions of subsection (b) hereof, the Secretary of the Interior may, within the boundaries of the park, acquire lands and interests in lands by donation, purchase with donated or appropriated funds, or exchange, except that any lands or interests in lands owned by the State of South Dakota, a political subdivision thereof, or the Oglala Sioux Tribe of South Dakota may be acquired only with the consent of owner. Notwithstanding any other provision of law, lands and interests in lands located within the park under the administrative jurisdiction of any other Federal agency may be transferred to the administrative jurisdiction of the Secretary without a transfer of funds.
(b)Easements
As to lands located within the boundaries of the park but outside the boundaries of the gunnery range referred to in section 441l of this title, the Secretary of the Interior may acquire only rights-of-way and scenic easements.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Word “park” substituted in text for “monument” 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 441k

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110