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Title 16, ConservationRelease 119-73not60

§460zz–4 Administration

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter CXI— MISSISSIPPI NATIONAL RIVER AND RECREATION AREA › Part A— Mississippi National River and Recreation Area › § 460zz–4

Last updated Apr 5, 2026|Official source

Summary

The Secretary must run the Area under the rules of this part. Only lands the Secretary directly controls are treated like National Park units. Other lands and waters inside the Area follow State and local law. If a rule in this part and a general law conflict, the rules in this part control. The Secretary must work with the State of Minnesota and local governments on how federal lands are managed. The Secretary may buy, accept as a gift, swap, or get land by transfer inside the Area, but State-owned land can only be taken as a gift. Private land can only be acquired with the owner’s consent unless the Secretary finds local plans or laws do not match the approved management plan and there is no other way to stop harmful uses. If the State does not act within 60 days and noncompliance continues, the Secretary may withhold federal funds or grants and, subject to available money, acquire land without owner consent limited to the local area and only the land clearly needed to protect the Area. The Secretary will review local plans, permits, and enforcement, may make agreements to get professional help, and may let former owners of improved homes keep noncommercial residential use rights if those uses fit the approved plan and meet the date rule of January 1, 1987.

Full Legal Text

Title 16, §460zz–4

Conservation, Source: USLM XML via OLRC

(a)The Secretary shall administer the Area in accordance with this part. Only those lands within the Area under the direct jurisdiction of the Secretary shall be administered in accordance with the provisions of law generally applicable to units of the National Park System. Other lands and waters within the Area shall be administered under State and local laws. In the case of any conflict between the provisions of this part and such generally applicable provisions of law, the provisions of this part shall govern.
(b)The Secretary shall consult and cooperate with the State of Minnesota and its political subdivisions concerning the development and management of Federal lands within the Area.
(c)Within the boundaries of the Area, the Secretary is authorized, in consultation with the State of Minnesota and the affected local governmental unit, to acquire land and interests therein by donation, purchase with donated or appropriated funds, exchange or transfer, except as provided in paragraphs (1) and (2).
(1)Any lands or interests therein owned by the State of Minnesota or any political subdivision thereof may be acquired only by donation.
(2)Privately owned lands or interests therein may be acquired only with the consent of the owner thereof unless the Secretary makes a determination pursuant to subsection (d)(2). In no event may the Secretary use the authority provided in subsection (d)(3) to acquire land or interests in land without the owner’s consent for any use exercised prior to January 1, 1987, that is consistent with the plan under section 460zz–2 of this title.
(d)(1)For the purpose of protecting the integrity of the Area the Secretary shall cooperate and consult with the State and the appropriate political subdivisions to review all relevant local plans, laws and ordinances to determine whether they substantially conform to the plan approved pursuant to section 460zz–2 of this title. Additionally the Secretary shall in consultation with the State and its political subdivisions determine the adequacy of enforcement of such plans, laws, and ordinances, including review of building permits and zoning variances granted by local governments, and amendments to local laws and ordinances. The Secretary shall enter into agreements with the State or its political subdivisions to provide, on behalf of the Secretary, professional services necessary for the review of such local plans, laws, and ordinances, and of amendments thereto and variances therefrom, and for the monitoring or the enforcement thereof by local governments having jurisdiction over any areas to which the management plan applies.
(2)The purpose of review under paragraph (1) shall be to determine the degree to which actions by local governments are compatible with the purposes of this subchapter. Following the approval of the plan under section 460zz–2 of this title and after a reasonable period of time has elapsed, upon a finding by the Secretary that such plans, laws and ordinances are nonexistent, are otherwise not in conformance with the plan or are not being enforced in a manner consistent with the plan, and if the Secretary determines that there is no feasible alternative available to prevent uses which would be substantially incompatible with the plan, the Secretary may exercise the authority available to him under the provisions of paragraph (3).
(3)In those sections of the Area where local plans, laws and ordinances, or amendments thereto or variances therefrom are found by the Secretary not to be in conformance with the plan approved pursuant to section 460zz–2 of this title, or are not being enforced in a manner consistent with the plan, the Secretary shall notify the local government authority concerned. The Secretary may withhold from the local government authority concerned or, require reimbursement of, (A) Federal funds made available for implementation of the plan, or (B) any grant under section 460zz–5(a) of this title if the local plan, law, ordinance, amendment, or variance is not modified to conform with the plan and enforced in such manner as will carry out the purposes of this part. If the State has not initiated, within a 60-day period, such judicial or other action as necessary to ensure conformity with the plan, and if noncompliance with the plan or failure to enforce the plan continues after the end of such 60-day period, the Secretary may acquire, subject to appropriations, land or interests in land under this subsection without the consent of the owner thereof. Land and interests in land acquired pursuant to this subsection shall be restricted to the geographical area of the local government unit failing to conform with the plan and shall be limited to those lands clearly and directly required, in the judgment of the Secretary, for the protection of the Area in a manner compatible with the plan.
(e)The Secretary may permit the owner or owners of any improved residential property acquired by the Secretary under this part to retain a right of use and occupancy of the property for noncommerical 11 So in original. Probably should be “noncommercial”. residential uses not incompatible with the plan approved under section 460zz–2 of this title. The provisions of subsection (c), (d), and (e) of section 460ii–1 of this title shall apply to the retention of such rights, except that for purposes of this part, the applicable date shall be January 1, 1987 in lieu of January 1, 1975 and the purposes of this part shall be substituted for the purposes referred to in section 460ii–1(d) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1989—Subsec. (a). Pub. L. 101–40 substituted “Other” for “Our” in third sentence.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460zz–4

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60