16 U.S.C. § 160b

Land acquisitions

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(a) Authorization(1) In general

The Secretary may acquire lands or interests therein within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchange.

(2) Certain portions of tracts(A) In general

In any case in which only a portion of a tract of land is within the boundaries of the park, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs.

(B) Exchange(i) In general

Any land acquired pursuant to subparagraph (A) outside of the park boundaries may be exchanged by the Secretary for non-Federal lands within the park boundaries.

(ii) Portions not exchanged

Any portion of land acquired outside the park boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

Any Federal property located within the boundaries of the park may be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of the park.

(D) Administrative jurisdictionEffective beginning on March 12, 2019, there is transferred to the National Park Service administrative jurisdiction over—(i) any land managed by the Bureau of Land Management within the boundaries of the park, as depicted on the map described in section 160a–1(a) of this title; and(ii) any additional public land identified by the Bureau of Land Management as appropriate for transfer within the boundaries of the park.(E) Land owned by State(i) Donations and exchanges

Any land located within or adjacent to the boundaries of the park that is owned by the State of Minnesota (or a political subdivision of the State) may be acquired by the Secretary only through donation or exchange.

(ii) Revision

On completion of an acquisition from the State under clause (i), the Secretary shall revise the boundaries of the park to reflect the acquisition.

(b) Offers by individuals

In exercising the authority to acquire property under this section, the Secretary shall give immediate and careful consideration to any offer made by any individual owning property within the park area to sell such property to the Secretary. In considering such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring his property.

(Pub. L. 91–661, § 201, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 116–9, title II, § 2107(b), Mar. 12, 2019, 133 Stat. 727.)Editorial NotesCodification

In subsec. (a), “chapters 1 to 11 of title 40 and division C (except sections 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 (63 Stat. 377), as amended” 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.

Amendments

2019—Pub. L. 116–9, § 2107(b)(1), inserted section catchline.

Subsec. (a). Pub. L. 116–9, § 2107(b)(1), (2), inserted subsec. heading and in six sentences of existing provisions: designated first sentence as par. (1) and inserted heading; designated second to fifth sentences collectively as par. (2) and individually as subpars. (A), (B)(i), (B)(ii), and (C) of par. (2), respectively, and inserted par., subpar., and cl. headings; and struck out sixth sentence which read as follows: “Lands within the boundaries of the park owned by the State of Minnesota, or any political subdivision thereof, may be acquired only by donation.”

Subsec. (a)(2)(A). Pub. L. 116–9, § 2107(b)(2)(A), substituted “In any case in which only a portion of a tract of land is within the boundaries of the park” for “When any tract of land is only partly within such boundaries”.

Subsec. (a)(2)(B)(i). Pub. L. 116–9, § 2107(b)(2)(B), substituted “Any land acquired pursuant to subparagraph (A)” for “Land so acquired”.

Subsec. (a)(2)(D), (E). Pub. L. 116–9, § 2107(b)(2)(E), added subpars. (D) and (E).

Subsec. (b). Pub. L. 116–9, § 2107(b)(3), inserted heading and substituted “the authority” for “his authority”.

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Althaus v. United States, 7 Cl. Ct. 688 (Ct. Cl. 1985).

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Althaus v. United States, 7 Cl. Ct. 688 (Ct. Cl. 1985). “See 16 U.S.C. § 160b. We are now approaching the tenth year of the property acquisition program and these plaintiffs are still on hold.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.