Title 16ConservationRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The Secretary of the Interior can acquire lands or land interests inside the park by gift, purchase with donated or appropriated funds, or by exchange. Land owned by the State of South Dakota, its local governments, or the Oglala Sioux Tribe of South Dakota can be taken only with the owner's consent. Lands managed by another federal agency may be moved under the Secretary's control without transferring funds. Land inside the park but outside the gunnery range mentioned in section 441l may be acquired only as rights‑of‑way or scenic easements.

Full Legal Text

Title 16, §441k

Conservation — Source: USLM XML via OLRC

(a)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)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 16Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60