§ 441n. — Lands outside gunnery range; exchange of lands; reservation of mineral rights; grazing and mineral development rights of Indians; execution of instruments; trust title.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC441n]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXI--NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
Sec. 441n. Lands outside gunnery range; exchange of lands;
reservation of mineral rights; grazing and mineral development
rights of Indians; execution of instruments; trust title
(a) Exchange of lands; mineral and grazing rights
Title to all Federal lands and interests in lands within the
boundaries of the Badlands Air Force gunnery range that are outside the
boundaries of the park, and that are transferred to the administrative
jurisdiction of the Secretary of the Interior as provided in section
441l(a) of this title, including lands hereafter declared to be excess,
and that are not selected under sections 441l(b) or 441m of this title,
and title to all lands within the boundaries of the park that were
acquired by the United States for the Badlands Air Force gunnery range,
subject to any life estate conveyed pursuant to section 441m(c) of this
title and subject to restrictions on use that may be prescribed in
regulations applicable to the park, which regulations may include
provisions for the protection of the black-footed ferret, may be
conveyed to the Oglala Sioux Tribe in exchange (i) for the right of the
United States to use all tribal land within the park for park purposes,
including the right to manage fish and wildlife and other resources and
to construct visitor use and administrative facilities thereon, and (ii)
for title to three thousand one hundred fifteen and sixty-three one-
hundredths acres of land owned by the Oglala Sioux Tribe and located in
the area of the Badlands Air Force gunnery range which is not excess to
the needs of the Department of the Air Force and which is encompassed in
civil action numbered 859 W.D. in the United States District Court for
the District of South Dakota, if such exchange is approved by the Oglala
Sioux Tribal Council. The lands acquired under paragraph (ii) shall
become a part of the Badlands Air Force gunnery range retained by the
Department of the Air Force. The United States and the Oglala Sioux
Tribe shall reserve all mineral rights in the lands so conveyed. The
right of the United States to use for park purposes lands that were
tribally owned prior to August 8, 1968, shall not impair the right of
the Oglala Sioux Tribe to use such lands for grazing purposes and
mineral development, including development for oil and gas.
(b) Execution of instruments
The Oglala Sioux Tribal Council may authorize the execution of the
necessary instruments to effect the exchange on behalf of the tribe, and
the Secretary may execute the necessary instruments on behalf of the
United States.
(c) Trust title
After the exchange is effected the title of the Oglala Sioux Tribe
to the property acquired by the exchange shall be held in trust subject
to the same restrictions and authorities that apply to other lands of
the tribe that are held in trust.
(Pub. L. 90-468, Sec. 5, Aug. 8, 1968, 82 Stat. 665; Pub. L. 95-625,
title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)
Change of Name
Word ``park'' substituted for ``monument'' in subsec. (a) 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 title 25 section 459.
