§ 441l. — Exchange of lands; transfer from Federal agency to administrative jurisdiction of Secretary; terms and conditions of purchase.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC441l]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI--NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
Sec. 441l. Exchange of lands; transfer from Federal agency to
administrative jurisdiction of Secretary; 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 reservation 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 Government and the other lands within such
gunnery range were purchased by the Federal Government from the
individual owners (mostly Indians), (D) the Department of the Air Force
has declared most of such gunnery range lands excess to its needs and
such excess lands have been requested by the National Park Service under
the Federal Property and Administrative Services Act of 1949, (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
interests 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 exchange would be in the national
interest and authorizes 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
jurisdiction 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
interests therein, plus interest thereon from the date of
acquisition at a rate determined by the Secretary of the Treasury
taking into consideration the average market yield of all
outstanding 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 interest at
a rate determined by the Secretary of the Treasury taking into
account the current average market yield on outstanding marketable
obligations of the United States with twenty years remaining to date
of maturity, adjusted to the nearest one-eighth of 1 per centum.
(3) Title to the tract purchased shall be held in trust for the
purchaser if it was held in trust status at the time the tract was
acquired by the United States; otherwise, the title to the tract
purchased shall be conveyed to the purchaser subject to a mortgage
and such other security instruments as the Secretary deems
appropriate. If a tract purchased under this subsection is offered
for resale during the following ten-year period, the tribe must be
given the first right to purchase it.
(4) The unpaid balance of the purchase price shall be a lien
against the land if the title is held in trust and against all
rents, bonuses, and royalties received therefrom. In the event of
default in the payment of any installment of the purchase price the
Secretary may take such action to enforce the lien as he deems
appropriate, including foreclosure and conveyance of the land to the
Oglala Sioux Tribe.
(5) An application to purchase the tract must be filed with the
Secretary of the Interior within one year from the date a notice is
published in the Federal Register that the tract has been
transferred to the jurisdiction of the Secretary.
(6) No application may be filed by more than five of the former
owners of an interest in the tract. If more than one such
application is filed for a tract the applicants must agree on not
more than five of the former owners who shall make the purchase, and
failing such agreement all such applications for the tract shall be
rejected by the Secretary.
(7) ``Former owner'' means, for the purposes of subsection (b)
of this section, each person from whom the United States acquired an
interest in the tract, or if such person is deceased, his spouse, or
if such spouse is deceased, his children.
(Pub. L. 90-468, Sec. 3, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95-625,
title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in the provision preceding subsec. (a), is act June 30,
1949, ch. 288, 63 Stat. 377, as amended. Except for title III of the
Act, which is classified generally to subchapter IV (Sec. 251 et seq.)
of chapter 4 of Title 41, Public Contracts, the Act was repealed and
reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
1062, 1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.
Change of Name
In provision preceding subsec. (a) and in subsec. (a), ``Park'' and
``park'' substituted for ``Monument'' and ``monument'', respectively,
pursuant to Pub. L. 95-625, Sec. 611, which is classified to section
441e-1 of this title and which redesignated Badlands National Monument
as Badlands National Park.
Section Referred to in Other Sections
This section is referred to in sections 441k, 441m, 441n of this
title; title 25 section 459.
