§ 430g-5. — Acquisition and disposal of lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC430g-5]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX--NATIONAL MILITARY PARKS
Sec. 430g-5. Acquisition and disposal of lands
(a) General authority
The Secretary is authorized to acquire lands and interests in lands
within the park by donation, purchase with donated or appropriated
funds, exchange, or otherwise. In acquiring lands and interests in lands
under sections 430g-4 to 430g-10 of this title, the Secretary shall
acquire the minimum Federal interests necessary to achieve the
objectives identified for specific areas and the park.
(b) Authority to convey freehold and leasehold interests within park
The Secretary may convey lands and interests in lands within the
park authorized in accordance with subsection (a) of section 460l-22 of
this title, except that, notwithstanding subsection (d) of that section,
the net proceeds from any such conveyance may be used, subject to
appropriations, to acquire lands and interests within the park.
(c) Conveyance of lands excluded from park
(1) The Secretary is authorized, in accordance with applicable
existing law, to exchange Federal lands and interests excluded from the
park pursuant to section 430g-4(c) of this title for the purpose of
acquiring lands within the park boundary.
(2) If any such Federal lands or interests are not exchanged within
five years after August 17, 1990, the Secretary may sell any or all such
lands or interests to the highest bidder, in accordance with such
regulations as the Secretary may prescribe, but any such conveyance
shall be at not less than the fair market value of the land or interest,
as determined by the Secretary.
(3) All Federal lands and interests sold or exchanged pursuant to
this subsection shall be subject to such terms and conditions as will
assure the use of the property in a manner which, in the judgment of the
Secretary, will protect the park and the Gettysburg Battlefield Historic
District (hereafter in sections 430g-5 to 430g-10 of this title referred
to as the ``historic district''). Notwithstanding any other provision of
law, the net proceeds from any such sale or exchange shall be used,
subject to appropriations, to acquire lands and interests within the
park.
(d) Relinquishment of legislative jurisdiction to Pennsylvania
With respect to any lands over which the United States exercises
exclusive or concurrent legislative jurisdiction and which are excluded
from the park pursuant to section 430g-4(c) of this title, the Secretary
may relinquish to the State of Pennsylvania such exclusive or concurrent
legislative jurisdiction by filing with the Governor a notice of
relinquishment to take effect upon acceptance thereof, unless otherwise
provided by the laws of the State.
(Pub. L. 101-377, Sec. 2, Aug. 17, 1990, 104 Stat. 464; Pub. L. 106-290,
Sec. 2, Oct. 10, 2000, 114 Stat. 921.)
References in Text
Section 460l-22 of this title, referred to in subsec. (b), was in
the original ``subsection (a) of the Act of July 15, 1968 (16 U.S.C.
460l-22)'' and was translated as reading subsection (a) of section 5 of
the Act of July 15, 1968 (16 U.S.C. 460l-22) to reflect the probable
intent of Congress.
Amendments
2000--Subsecs. (c)(1), (d). Pub. L. 106-290 substituted ``430g-
4(c)'' for ``430g-4(b)''.
Section Referred to in Other Sections
This section is referred to in sections 430g-4, 430g-8, 430g-10 of
this title.
