[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC441m]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI--NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
Sec. 441m. Disposition of excess gunnery range lands and
reservation lands; purchase; terms and conditions; life estates
and use restrictions
(a) Gunnery range lands; reservation lands
All Federal lands and interests in lands within the Badlands Air
Force gunnery range that are outside the boundaries of the park, and
that have been declared excess to the needs of the Department of the Air
Force, and that are not purchased by former owners under section 441l(b)
of this title, and all lands that have been acquired by the United
States under authority of title II of the National Industrial Recovery
Act of June 16, 1933 (48 Stat. 200), and subsequent relief Acts,
situated within the Pine Ridge Indian Reservation, administrative
jurisdiction over which has heretofore been transferred by the President
from the Secretary of Agriculture to the Secretary of the Interior by
Executive Order Numbered 7868, dated April 15, 1938, shall be subject to
the following provisions of this section.
(b) Purchases
Any former Indian owner of land that is within the Badlands Air
Force gunnery range and outside the boundaries of the park and that has
not been declared excess to the needs of the Department of the Air Force
on August 8, 1968, may, within the period specified in section
441l(b)(5) of this title, elect (i) to purchase an available tract of
land described in subsection (a) of this section of substantially the
same value, or (ii) to purchase the tract formerly owned by him at such
time as such tract is declared excess and transferred to the Secretary
of the Interior as provided in section 441l(a) of this title.
(c) Life estates and use restrictions
Any former Indian owner of a tract of land within the boundaries of
the park that was acquired by the United States for the Badlands Air
Force gunnery range, and that is transferred to the Secretary of the
Interior pursuant to section 441k of this title, may, within the period
specified in section 441l(b)(5) of this title, elect (i) to acquire from
the Secretary of the Interior a life estate in such tract at no cost,
subject to restrictions on use that may be prescribed in regulations
applicable to the park, or (ii) to purchase an available tract of land
described in subsection (a) of this section of substantially the same
value.
(d) Purchase restrictions
Purchases under subsection (b) and clause (ii) of subsection (c) of
this section shall be made on the terms provided in section 441l(b) of
this title.
(Pub. L. 90-468, Sec. 4, Aug. 8, 1968, 82 Stat. 664; Pub. L. 95-625,
title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
References in Text
Title II of the National Industrial Recovery Act of June 16, 1933
(48 Stat. 200), referred to in subsec. (a), is title II of act June 16,
1933, ch. 90, 48 Stat. 200, as amended, which was classified generally
to subchapter I (Sec. 401 et seq.) of chapter 8 of former Title 40,
Public Buildings, Property, and Works. The provisions were terminated
June 30, 1943, by act June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410.
Provisions of title II of the Act which were classified to former Title
40 were repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat.
1304.
Executive Order Numbered 7868, dated April 15, 1938, referred to in
subsec. (a), was not classified to the Code.
Change of Name
Word ``park'' substituted for ``monument'' in subsecs. (a) to (c)
pursuant to Pub. L. 95-625, Sec. 611, which is classified to se
