§441l — Title 16 Conservation | U.S. Code

Summary

Moves control of Air Force gunnery range lands outside Badlands National Park to the Secretary of the Interior without any money changing hands. The law notes these lands are mostly inside the Pine Ridge Sioux Reservation, were once leased or bought by the United States, and that the Air Force has declared most of them surplus. The National Park Service needs some of these lands, the tribe won’t sell its tribal lands but will trade them, and Congress says returning excess lands to former owners or to the tribe is in the national interest. Former owners, Indian or non-Indian, may buy back tracts from the Secretary under set rules. For former Indian owners, the price is what the United States paid plus interest from the purchase date at a Treasury rate tied to average market yields, rounded to the nearest one-eighth of 1 percent. For former non-Indian owners, the price is current fair market value set by the Secretary. The buyer must pay at least $100 or 20 percent of the price, whichever is less, up front. The rest can be paid over up to 20 years with interest based on a 20-year Treasury yield (rounded to the nearest one-eighth of 1 percent). If the land was trust land when the United States acquired it, title stays in trust; otherwise title is sold subject to a mortgage or other security. If the tract is offered for resale within 10 years, the tribe has first right to buy. An application to buy must be filed within one year after a Federal Register notice. No more than five former owners may file for the same tract; if more apply they must agree on up to five buyers or all applications will be rejected. “Former owner” means the person from whom the United States got the interest, or that person’s spouse, or if the spouse is deceased, that person’s children.

Title 16, §441l

Conservation — Source: USLM XML via OLRC

Inasmuch as (A) most of the lands added to the Badlands National Park by section 441j of this title are inside the boundaries of the Pine Ridge Sioux Indian Reservation, (B) such lands are also within a tract of land forty-three miles long and twelve and one-half miles wide which is in the north-western part of such Indian reservation and has been used by the United States Air Force as a gunnery range since the early part of World War II, (C) the tribal lands within such gunnery range were leased by the Federal Government and the other lands within such gunnery range were purchased by the Federal Government from the individual owners (mostly Indians), (D) the Department of the Air Force has declared most of such gunnery range lands excess to its needs and such excess lands have been requested by the National Park Service under chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, (E) the leased tribal lands and the excess lands within the enlarged Badlands National Park are needed for the park, (F) the other excess lands in such gunnery range should be restored to the former Indian owners of such lands, and (G) the tribe is unwilling to sell its tribal lands for inclusion in the national park, but is willing to exchange them or interests therein for the excess gunnery range lands, which, insofar as the lands within the gunnery range formerly held by the tribe are concerned, should be returned to Indian ownership in any event, the Congress hereby finds that such exchange would be in the national interest and authorizes the following actions:

(a)All Federal lands and interests in lands within the Badlands Air Force gunnery range that are outside the boundaries of the park and that heretofore or hereafter are declared excess to the needs of the Department of the Air Force shall be transferred to the administrative jurisdiction of the Secretary of the Interior without a transfer of funds.

(b)Any former Indian or non-Indian owner of a tract of such land, whether title was held in trust or fee, may purchase such tract from the Secretary of the Interior under the following terms and conditions:

(1)The purchase price to a former Indian owner shall be the total amount paid by the United States to acquire such tract and all interests therein, plus interest thereon from the date of acquisition at a rate determined by the Secretary of the Treasury taking into consideration the average market yield of all outstanding marketable obligations of the United States at the time the tract was acquired by the United States, adjusted to the nearest one-eighth of 1 per centum. The purchase price to a former non-Indian owner shall be present fair market value of the tract as determined by the Secretary of the Interior.

(2)Not less than $100 or 20 per centum of the purchase price, whichever is less, shall be paid at the time of purchase, and the balance shall be payable in not to exceed 20 years with interest at a rate determined by the Secretary of the Treasury taking into account the current average market yield on outstanding marketable obligations of the United States with twenty years remaining to date of maturity, adjusted to the nearest one-eighth of 1 per centum.

(3)Title to the tract purchased shall be held in trust for the purchaser if it was held in trust status at the time the tract was acquired by the United States; otherwise, the title to the tract purchased shall be conveyed to the purchaser subject to a mortgage and such other security instruments as the Secretary deems appropriate. If a tract purchased under this subsection is offered for resale during the following ten-year period, the tribe must be given the first right to purchase it.

(4)The unpaid balance of the purchase price shall be a lien against the land if the title is held in trust and against all rents, bonuses, and royalties received therefrom. In the event of default in the payment of any installment of the purchase price the Secretary may take such action to enforce the lien as he deems appropriate, including foreclosure and conveyance of the land to the Oglala Sioux Tribe.

(5)An application to purchase the tract must be filed with the Secretary of the Interior within one year from the date a notice is published in the Federal Register that the tract has been transferred to the jurisdiction of the Secretary.

(6)No application may be filed by more than five of the former owners of an interest in the tract. If more than one such application is filed for a tract the applicants must agree on not more than five of the former owners who shall make the purchase, and failing such agreement all such applications for the tract shall be rejected by the Secretary.

(7)“Former owner” means, for the purposes of subsection (b) of this section, each person from whom the United States acquired an interest in the tract, or if such person is deceased, his spouse, or if such spouse is deceased, his children.

Notes & Related Subsidiaries

Editorial Notes

Codification In subpar. (D) of introductory provisions, “chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Statutory Notes and Related Subsidiaries

Change of Name

In provision preceding subsec. (a) and in subsec. (a), “Park” and “park” substituted 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.

§441l Exchange of Lands; Transfer From Federal Agency to Administrative Jurisdiction of Secretary; Terms and Conditions of Purchase