§ 460u-1. — Acquisition of property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460u-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX--INDIANA DUNES NATIONAL LAKESHORE
Sec. 460u-1. Acquisition of property
(a) Authority of Secretary; negotiation for Indiana Dunes State Park;
exchange of property; acquisition of land owned for educational
purposes
Within the boundaries of the lakeshore the Secretary of the Interior
(hereinafter referred to as the ``Secretary'') is authorized to acquire
lands, waters, and other property, or any interest therein, by donation,
purchase with donated or appropriated funds, exchange, or otherwise. The
Indiana Dunes State Park may be acquired only by donation of the State
of Indiana, and the Secretary is hereby directed to negotiate with the
State for the acquisition of said park. In exercising his authority to
acquire property by exchange for the purposes of this subchapter, the
Secretary may accept title to non-Federal property located within the
area described in section 460u of this title and convey to the grantor
of such property any federally owned property under the jurisdiction of
the Secretary which he classifies as suitable for exchange or other
disposal within the State of Indiana or Illinois. Properties so
exchanged shall be approximately equal in fair market value, as
determined by the Secretary who may, in his discretion, base his
determination on an independent appraisal obtained by him: Provided,
That the Secretary may accept cash from or pay cash to the grantor in
such an exchange in order to equalize the values of the properties
exchanged. The Secretary is expressly authorized to acquire by donation,
purchase with donated or appropriated funds, or exchange, lands or
interests therein which are owned for school or educational purposes by
a State or a political subdivision thereof.
(b) Liability of United States under contracts contingent on
appropriations
In exercising his authority to acquire property subsection (a) of
this section, the Secretary may enter into contracts requiring the
expenditure, when appropriated, of funds authorized to be appropriated
by section 460u-8 of this title, but the liability of the United States
under any such contract shall be contingent on the appropriation of
funds sufficient to fulfill the obligations thereby incurred.
(Pub. L. 89-761, Sec. 2, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 96-612,
Sec. 1(3), (4), Dec. 28, 1980, 94 Stat. 3575.)
Amendments
1980--Subsec. (a). Pub. L. 96-612, Sec. 1(3), inserted provision
authorizing the Secretary to acquire or exchange lands or interests
therein owned for school or educational purposes by a State or political
subdivision thereof.
Subsec. (b). Pub. L. 96-612, Sec. 1(4), substituted ``section 460u-
8'' for ``section 460u-9''.
Acquisition of Lands by Exchange
Pub. L. 97-356, Oct. 19, 1982, 96 Stat. 1703, provided: ``That (a)
notwithstanding the fourth sentence of section 2(a) of the Act entitled
`An Act to provide for the establishment of the Indiana Dunes National
Lakeshore, and for other purposes', approved November 5, 1966 (16 U.S.C.
460u-1(a)), or any other provision of law, the Secretary of the Interior
is authorized--
``(1) to accept from the State of Indiana the conveyance of
69.17 acres of land located within area IV-A, as designated on the
map referred to in the first section of such Act (16 U.S.C. 460u),
commonly known as `Blue Heron Rookery', and
``(2) in exchange for such conveyance, to convey to the State of
Indiana 31.26 acres of land located within area IV, as designated on
such map, commonly known as `Hoosier Prairie'.
``(b) The Secretary of the Interior may not carry out the conveyance
specified in subsection (a)(2) unless, simultaneously with such
conveyance and in consideration of such conveyance, the State of
Indiana--
``(1) transfers to the Secretary all right, title, and interest
in the land described in subsection (a)(1);
``(2) enters into a recordable agreement satisfactory to the
Secretary providing that--
``(A) the State will not use, or permit the use, of the land
described in subsection (a)(2) for any purpose other than the
interpretation and public appreciation and use of the Hoosier
Prairie Unit of the Indiana Dunes National Lakeshore;
``(B) the State will not transfer any right, title, or
interest in, or control over, any land described in subsection
(a)(2) to any person other than the Secretary;
``(C) the State will permit access by the Secretary at
reasonable times to the land described in subsection (a)(2); and
``(D) upon a final determination by the Secretary that--
``(i) the State has failed to comply with the
requirements of subparagraph (A) or (B), and
``(ii) after receipt of notice from the Secretary
respecting such failure, the State has failed or refused to
comply with such requirements,
all right, title, and interest in such land shall revert to the
United States for administration by the Secretary as part of the
lakeshore.
The Secretary may make a determination under subparagraph (D) only after
notice and opportunity for hearing on the record. The reversion under
subparagraph (D) shall take effect upon publication of such
determination by the Secretary in the Federal Register 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
publication. In any such action the court may issue such orders as
appropriate to carry out the requirements of this subsection.''
