16 U.S.C. § 441i — Exchanges of land

Page 540 TITLE 16—CONSERVATION § 441h 1 So in original. Probably should be ‘‘32(c),’’. shall be accomplished by the issuance, by the Secretary of the Interior, of an appropriate order, or orders, such order or orders to be effec- tive upon publication in the Federal Register: Provided, That federally owned land under the administrative jurisdiction of any other depart- ment or agency of the Federal Government shall be included within the park only with the ap- proval of the head of such department or agen- cy. (May 7, 1952, ch. 244, § 2, 66 Stat. 65; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.) Editorial Notes REFERENCES IN TEXT Section 441f of this title, referred to in text, was in the original ‘‘sections 1 and 5 of this Act’’. Section 1 of the Act is classified to section 441f of this title. Section 5 is probably a reference to section 5 of the original bill, which would have authorized the inclusion of up to 4,000 acres of the Pine Ridge Indian Reservation within the Badlands National Monument. Such section 5 was stricken from the bill by Senate amendment, and as en- acted the Act contained only four sections. 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 Bad- lands National Monument as Badlands National Park. § 441h. Jurisdiction of mining and mineral rights; patents Administrative jurisdiction over all Federal lands eliminated from the park, by the issuance of an order or orders of the Secretary of the In- terior, is transferred to the Secretary of Agri- culture for use, administration, and disposition in accordance with the provisions of title III of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1010 et seq.] and the related provisions of title IV thereof: Provided, That all of such lands for- merly set apart and reserved from the public do- main shall be subject to the mining and min- erals-leasing laws: And provided further, That any disposition of any such lands formerly set apart and reserved from the public domain shall be evidenced by patents issued by the Secretary of the Interior. (May 7, 1952, ch. 244, § 3, 66 Stat. 65; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.) Editorial Notes REFERENCES IN TEXT The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522. Title III of the Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. Title IV thereof, referred to in text, which was classified to sections 1014 to 1029 of title 7, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and by Pub. L. 87–128, title III, § 341(a), Aug. 8, 1961, 75 Stat. 318. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables. 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 Bad- lands National Monument as Badlands National Park. § 441i. Exchanges of land In order that exchanges of land may be effec- tuated for the purposes of sections 441f to 441i of this title, the Secretary of the Interior is au- thorized, in his discretion and in accordance with the provisions of sections 3111 and 3112 of title 40, to accept, on behalf of the United States, title to any land or interests in land within the exterior boundaries of the Badlands National Park as revised pursuant to sections 441f to 441i of this title, and, in exchange there- for, with the approval and concurrence of the Secretary of Agriculture, the Secretary of the Interior may patent lands of approximately equal value which were formerly set apart and reserved from the public domain within the Bad- lands Fall River soil conservation project, SD–LU–1. In effectuating such exchanges, in lieu of conveyances by the Secretary of the Interior, the Secretary of Agriculture may convey lands of approximately equal value within said project which have been acquired heretofore by the United States. All such exchanges shall, in all other respects, be considered as exchanges under the provisions of section 32c,1 title III, of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1011(c)] and shall otherwise be in accordance with provisions of said Act [7 U.S.C. 1000 et seq.]; except that, upon acceptance of title to any lands so acquired by the United States under this section, such lands and any other lands ac- quired otherwise by the United States within the park boundaries shall be a part of that area. In consummating land exchanges hereunder upon an equitable basis, patents and instru- ments of conveyance may be issued, and prop- erty may be accepted, by the United States, sub- ject to such reservations as may be necessary or in the public interest. (May 7, 1952, ch. 244, § 4, 66 Stat. 66; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.) Editorial Notes REFERENCES IN TEXT The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522, which is classified generally to chapter 33 (§ 1000 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables. CODIFICATION ‘‘Sections 3111 and 3112 of title 40’’ substituted in text for ‘‘section 355 of the Revised Statutes’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘Park’’ and ‘‘park’’ substituted in text 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 Na- tional Monument as Badlands National Park. Page 541 TITLE 16—CONSERVATION § 441l § 441j. Revision of boundaries In order to include lands of outstanding scenic and scientific character in the Badlands Na- tional Park, the boundaries of the park are re- vised as generally depicted on the map entitled ‘‘Badlands National Monument’’, numbered NM–BL–7021B, dated August 1967, which is on file and available for public inspection in the of- fices of the National Park Service, Department of the Interior. The Secretary of the Interior may make minor adjustments in the boundaries, but the total acreage in the park may not ex- ceed the acreage within the boundaries depicted on the map referred to herein. Lands within the boundaries of the park that are acquired by the United States shall be subject to the laws and regulations applicable to the park. (Pub. L. 90–468, § 1, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘Park’’ and ‘‘park’’ substituted in text 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 Na- tional Monument as Badlands National Park. § 441k. Acquisition of property for park (a) Consent of State or Oglala Sioux Tribe of South Dakota; transfer from Federal agency Subject to the provisions of subsection (b) hereof, the Secretary of the Interior may, with- in the boundaries of the park, acquire lands and interests in lands by donation, purchase with do- nated or appropriated funds, or exchange, except that any lands or interests in lands owned by the State of South Dakota, a political subdivi- sion 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 with- in the park under the administrative jurisdic- tion of any other Federal agency may be trans- ferred to the administrative jurisdiction of the Secretary without a transfer of funds. (b) Easements As to lands located within the boundaries of the park but outside the boundaries of the gun- nery range referred to in section 441l of this title, the Secretary of the Interior may acquire only rights-of-way and scenic easements. (Pub. L. 90–468, § 2, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.) 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 Bad- lands National Monument as Badlands National Park. § 441l. Exchange of lands; transfer from Federal agency to administrative jurisdiction of Sec- retary; terms and conditions of purchase 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 reserva- tion 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 Gov- ernment and the other lands within such gun- nery range were purchased by the Federal Gov- ernment from the individual owners (mostly In- dians), (D) the Department of the Air Force has declared most of such gunnery range lands ex- cess 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 sections 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 inter- ests 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 ex- change would be in the national interest and au- thorizes 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 juris- diction 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 in- terests therein, plus interest thereon from the date of acquisition at a rate determined by the Secretary of the Treasury taking into consid- eration the average market yield of all out- standing 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 in- terest at a rate determined by the Secretary of the Treasury taking into account the cur- rent average market yield on outstanding marketable obligations of the United States with twenty years remaining to date of matu- rity, adjusted to the nearest one-eighth of 1 per centum.