§ 160a-1. — Boundaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC160a-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX--VOYAGEURS NATIONAL PARK
Sec. 160a-1. Boundaries
(a) Lands and waters included; legal description; revision
Except as provided in subsection (b) of this section, the park shall
include the lands and waters within the boundaries as generally depicted
on the drawing entitled ``A Proposed Voyageurs National Park,
Minnesota,'' numbered LNPMW-VOYA-1001, dated February 1969, which shall
be on file and available for public inspection in the offices of the
National Park Service, Department of the Interior. Within one year after
acquisition of the lands owned by the State of Minnesota and its
political subdivisions within the boundaries of the park the Secretary
shall affix to such drawing an exact legal description of said
boundaries. The Secretary may revise the boundaries of the park from
time to time by publishing in the Federal Register a revised drawing or
other boundary description, but such revisions shall not increase the
land acreage within the park by more than one thousand acres.
(b) Additional revisions; procedures applicable; failure to comply with
procedures
(1) In addition to such revisions as the Secretary may make in the
boundaries of the park from time to time pursuant to other provisions of
law, the Secretary may, according to the provisions of subsection (a) of
this section--
(A) delete approximately 782 acres in the Neil Point area of the
park;
(B) add approximately 180 acres in the Black Bay Narrows areas
of the park;
(C) add approximately 18.45 acres owned by the State of
Minnesota at the Kabetogama Forestry Station;
(D) add approximately 120 acres owned by the State of Minnesota,
being a strip of land through that portion of section 1, township 68
north, range 20 west, fourth principal meridian, which is parallel
to and 400 feet on both sides of the unimproved road extending
northward from the Ash River Trail as such road crosses each
section; and
(E) subject to the provisions of paragraph (2), delete
approximately 1,000 acres at Black Bay and convey such lands to the
State of Minnesota.
All of the aforementioned boundary changes if accomplished shall be
accomplished such that the boundary of the park shall conform to that
generally depicted on the drawing entitled ``Boundary, Voyageurs
National Park, United States Department of the Interior, National Park
Service'', numbered 172-80, 008-MWR, and dated November 1981, which
shall be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior.
(2) The Secretary may not delete or convey the lands referred to in
paragraph (1)(E) unless, prior to or simultaneously with such deletion
or conveyance and in consideration of such conveyance, the State of
Minnesota--
(A) tenders a conveyance of the lands described in paragraph
(1)(C) and (D) to the United States by such instrument and in such
manner as are satisfactory to the Secretary, including but not
limited to lease or easement: Provided, That if the interest
conveyed is a lease or easement, the State of Minnesota shall
substitute therefore a transfer of all right, title, and interest in
the land by June 30, 1987: Provided further, That if the State does
not transfer all right, title, and interest in such lands by June
30, 1987, the land described in paragraph 1(E) shall revert to the
United States for administration by the Secretary as part of the
park; and
(B) enters into a recordable agreement satisfactory to the
Secretary which provides that--
(i) the State has established a wildlife management area in
the area authorized to be deleted and conveyed to the State by
paragraph (1)(E);
(ii) the State has prepared a plan acceptable to the
Secretary to manage all the waters of and State lands riparian
to Black Bay (including all of the State-owned lands and waters
of Rainy Lake) to preserve the natural resources of the area so
as to complement to the fullest extent possible the purposes for
which the park was established;
(iii) the State shall not transfer any right, title, or
interest in, or control over, any land described in paragraph
(1)(E) to any person other than the Secretary; and
(iv) the State shall permit access by the Secretary at
reasonable times to the land described in paragraph (1)(E).
(3) If at any time the State fails to comply with the material
requirements of the agreement referred to in paragraph (2)(B), all
right, title, and interest in the land described in paragraph (1)(E)
shall revert to the United States for administration by the Secretary as
part of the park. Such reversion shall take effect upon the delivery by
the Secretary of notice to the State respecting such failure to comply
without further notice or requirement for physical entry by the
Secretary unless an action for judicial review is brought in the United
States Court of Appeals for the appropriate circuit within ninety days
following such notice. In any such action the court may issue such
orders as are appropriate to carry out the requirements of this
subsection.
(Pub. L. 91-661, Sec. 102, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 97-405,
Sec. 1(1), (2), Jan. 3, 1983, 96 Stat. 2028.)
Codification
Provisions of section 102 of Pub. L. 91-661 [this section] were
formerly set out as an undesignated second paragraph in section 160a of
this title prior to amendment by Pub. L. 97-405.
Amendments
1983--Subsec. (a). Pub. L. 97-405, Sec. 1(1), substituted ``(a)
Except as provided in subsection (b) of this section, the park'' for
``The park''.
Subsec. (b). Pub. L. 97-405, Sec. 1(2), added subsec. (b).
