16 U.S. Code § 430kk - Wilson’s Creek National Battlefield: establishment and acquisition of lands

§ 430kk.

Wilson’s Creek National Battlefield: establishment and acquisition of lands

(a) Establishment, initial boundaries

The Secretary of the Interior shall acquire, by gift, purchase, condemnation, or otherwise, the lands (together with any improvements thereon) comprising the Wilson’s Creek Battlefield site near Springfield, Missouri, and any other lands adjacent to such site which in his opinion are necessary or desirable to carry out the purposes of sections 430kk to 430mm of this title.

(b) Expansion of boundaries

(1)

The boundaries of the Wilson’s Creek National Battlefield are revised to include lands and interests therein consisting of six parcels totaling 615 acres and identified as parcels “1, 2, 3, 4, 5, and 6” on the map entitled “Wilson’s Creek National Battlefield Proposed Boundary”, numbered 410/80,037 and dated January 27, 2004. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(2)

The Secretary is authorized to acquire the lands referred to in paragraph (1) by donation, by purchase from willing sellers with donated or appropriated funds, or by exchange. The Secretary may acquire by the same methods personal property associated with, and appropriate for, interpretation of the park.

(1)

require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or

(2)

modify any provision of Federal, State, or local law with regard to public access to or use of private property.

(d) Liability

The revision of the boundaries of the Wilson’s Creek National Battlefield by subsection (b) shall not be considered to create any liability for, or to have any effect on any liability under any other law of, any owner of private property with respect to any person injured on that private property.

(e) Recognition of authority to control land use

Nothing in sections 430kk to 430mm of this title shall be construed to modify the authority of Federal, State, or local governments to regulate land use.

(f) Participation of private property owners

Nothing in sections 430kk to 430mm of this title shall be construed to require the owner of any private property located within the boundaries of the Wilson’s Creek National Battlefield to participate in, or be associated with, the National Battlefield.

(g) Effect of expansion

The boundaries of the Wilson’s Creek National Battlefield, as revised by subsection (b), represent the area within which Federal funds appropriated for the purpose of sections 430kk to 430mm of this title may be expended. The boundary revision shall not be construed to provide any nonexisting regulatory authority on land use within the National Battlefield or its viewshed by the Secretary or the National Park Service.

(Pub. L. 86–434, § 1, Apr. 22, 1960, 74 Stat. 76; Pub. L. 108–394, § 2(a), Oct. 30, 2004, 118 Stat. 2247.)

Amendments

2004—Pub. L. 108–394 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (g).

Short Title of 2004 Amendment

Pub. L. 108–394, § 1, Oct. 30, 2004, 118 Stat. 2247, provided that:

“This Act [amending this section and section 430mm of this title] may be cited as the ‘Wilson’s Creek National Battlefield Boundary Adjustment Act of 2004’.”

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