16 U.S.C. § 450jj–4: Transfer of land

Summary

The Secretary of the Interior can lease or otherwise transfer U.S. land (or an interest in it) that was acquired under section 450jj–3 to a person or government body when appropriate. Any transfer must follow the area's management plan and the rules in sections 100903 and 102901 of title 54, and must support the goals of sections 450jj to 450jj–9. Transfers can include conditions the Secretary needs, such as keeping existing uses that fit the Memorial, protecting important historic resources, and keeping access and development rights needed for visitors and resource care. The Secretary must consider the views of the Commission created under section 450jj–6.

Title 16, §450jj–4

Conservation, Source: USLM XML via OLRC

Where appropriate in the discretion of the Secretary of the Interior, he may transfer by lease or otherwise, to any appropriate person or governmental entity, land owned by the United States (or any interest therein) which has been acquired by the Secretary under section 450jj–3 of this title. Any such transfer shall be consistent with the management plan for the area and with the requirements of section 100903 and 102901 of title 54 and shall be subject to such conditions and restrictions as the Secretary deems necessary to carry out the purposes of sections 450jj to 450jj–9 of this title, including terms and conditions which provide for— (1)

(2)the protection of the important historical resources of the leased area, and

(3)the retention by the Secretary of such access and development rights as the Secretary deems necessary to provide for appropriate visitor use and resource management.

In transferring any lands or interest in lands under this section, the Secretary shall take into account the views of the Commission established under section 450jj–6 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 450jj–6 of this title, referred to in text, was in the original “section 8”, meaning section 8 of act

May 17, 1954, ch. 204, and was translated as reading “section 7” of such act, to reflect the probable intent of Congress, because section 7 related to the establishment of the Jefferson National Expansion Memorial Commission. Codification In introductory provisions, “section 100903 and 102901 of title 54” substituted for “section 5 of the Act of

July 15, 1968 (82 Stat. 356; 16 U.S.C. 460l–22)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Prior Provisions

A prior section 5 of act May 17, 1954, contained a limitation on appropriation authorization and a prohibition on expenditure of Government funds and was classified as a note under section 450jj of this title, prior to the general amendment made by Pub. L. 85–936, Sept. 6, 1958, 72 Stat. 1794.

§450jj–4 Transfer of Land