16 U.S. Code § 430g–5 - Acquisition and disposal of lands

(a) General authority

(1) Authority to acquire land

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.

(2) Minimum Federal interests

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.

(3) Method of acquisition for certain land

Notwithstanding paragraph (1), the Secretary may acquire the properties added to the park by section 430g–4(b)(2) of this title only by donation.

(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 102901 of title 54, 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, § 2, Aug. 17, 1990, 104 Stat. 464; Pub. L. 106–290, § 2, Oct. 10, 2000, 114 Stat. 921; Pub. L. 113–291, div. B, title XXX, § 3034(b), Dec. 19, 2014, 128 Stat. 3777.)

Editorial Notes

Codification

In subsec. (b), “subsection (a) of section 102901 of title 54” substituted for “subsection (a) of the Act of July 15, 1968 (16 U.S.C. 460l–22)”, meaning “subsection (a) of section 5 of the Act of July 15, 1968 (16 U.S.C. 460l–22)”, on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Amendments

2014—Subsec. (a). Pub. L. 113–291 designated first and second sentences as pars. (1) and (2), respectively, inserted par. headings, and added par. (3).

2000—Subsecs. (c)(1), (d). Pub. L. 106–290 substituted “430g–4(c)” for “430g–4(b)”.