dreamproit/uscode huggingface dataset:
16 U.S.C. § 441 (CONSERVATION)
§ 441. Badlands National Park; establishment
When a quantum, satisfactory to the Secretary of the Interior, of the privately owned lands lying within the area hereinafter described shall have been acquired and transferred to the United States for park purposes, without expense to the Federal Treasury, such areas are dedicated and set apart as a national park for the benefit and enjoyment of the people, under the name of the Badlands National Park: Provided, That the State of South Dakota shall have first constructed the highways hereinafter described.
(Mar. 4, 1929, ch. 693, § 1, 45 Stat. 1553; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Editorial Notes
heading: References in Text
text: Hereinafter, referred to in text, means act Mar. 4, 1929 which is classified to sections 441 to 441e of this title. For classification of this Act to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Words “park” and “Park” substituted in text for “monument” and “Monument”, respectively, pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated the Badlands National Monument as the Badlands National Park.
heading: Ben Reifel Visitor Center
text: Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1923, provided in part that: “hereafter the Cedar Pass Visitor Center at Badlands National Park, South Dakota, shall be known as the Ben Reifel Visitor Center”.
16 U.S.C. § 441b (CONSERVATION)
§ 441b. Construction of highway by State of South Dakota
The establishment of said park is conditioned upon the State of South Dakota first constructing the following highway in a manner satisfactory to the Secretary of the Interior: A highway commencing at the corporation limits of the town of Interior, thence going in a northwesterly direction to and over Big Foot Pass, and through the region known as The Pinnacles; thence in a westerly direction to Sage Creek, being a total distance of about thirty miles.
(Mar. 4, 1929, ch. 693, § 3, 45 Stat. 1555; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Word “park” substituted in text for “monument” pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 441c (CONSERVATION)
§ 441c. Administration, protection, and promotion; franchises for hotel and lodge accommodations
The administration, protection, and promotion of said Badlands National Park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916, entitled “An Act to establish a National Park Service, and for other purposes,” as amended by the Act of June 2, 1920 (Forty-first United States Statutes at Large, page 732): 1 Provided, That in advance of the fulfillment of the conditions herein the Secretary of the Interior may grant franchises for hotel and for lodge accommodations under the provisions of this section.
(Mar. 4, 1929, ch. 693, § 4, 45 Stat. 1555; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Editorial Notes
heading: References in Text
text: The Act of August 25, 1916, entitled “An Act to establish a National Park Service, and for other purposes”, as amended by the Act of June 2, 1920 (Forty-first United States Statutes at Large, page 732), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, as amended by act June 2, 1920, ch. 218, § 5, 41 Stat. 732. The act Aug. 25, 1916, known as the National Park Service Organic Act, enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Park” substituted in text for “Monument” pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
16 U.S.C. § 441d (CONSERVATION)
§ 441d. Examinations, excavations, and gathering of objects of interest within park
The Secretary of the Interior is authorized to permit examinations, excavations, and gathering of objects of interest within said park by any person or persons whom he may deem properly qualified to conduct such examinations, excavations, or gatherings, subject to such rules and regulations as he may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken only for the benefit of some reputable museum, university, college, or other recognized scientific or educational institution, with a view to increasing the knowledge of such objects and aiding the general advancement of geological and zoological science.
(Mar. 4, 1929, ch. 693, § 5, 45 Stat. 1555; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Word “park” substituted in text for “monument” pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 441e (CONSERVATION)
§ 441e. Effective date of sections 441 to 441d
Sections 441 to 441d of this title shall become effective if and when all of the above conditions shall have been fully complied with to the satisfaction of the President of the United States, who shall then issue a proclamation declaring that the conditions precedent herein required have been complied with, and said proclamation shall formally dedicate and set aside the areas herein described in accordance with the provisions of section 441 of this title.
(Mar. 4, 1929, ch. 693, § 6, 45 Stat. 1555.)
heading: Executive Documents
heading: Proclamation No. 2320
text: Proclamation declaring that conditions precedent required by sections 441 to 441d of this title have been complied with, and formally dedicating and setting aside the areas therein described was issued by the President on Jan. 25, 1939. See Proc. No. 2320, Jan. 25, 1939, 4 F.R. 457, 53 Stat. 2521.
16 U.S.C. § 441e–1 (CONSERVATION)
§ 441e–1. Change in name of Badlands National Monument
The area formerly known as the “Badlands National Monument”, established by Presidential Proclamation of January 25, 1939 (53 Stat. 2521), shall henceforth be known as the “Badlands National Park”.
(Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
16 U.S.C. § 441f (CONSERVATION)
§ 441f. Adjustment and redefinition of boundaries
In order to establish a more appropriate boundary for the Badlands National Park and to consolidate Federal land ownership therein, the Secretary of the Interior, in his discretion, is authorized to adjust and redefine the exterior boundaries of the national park by appropriate reductions or additions of land: Provided, That the total acreage of the national park, as revised pursuant to sections 441f to 441i of this title, shall not exceed its area of approximately one hundred fifty-four thousand one hundred and nineteen acres as of May 7, 1952.
(May 7, 1952, ch. 244, § 1, 66 Stat. 65; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Editorial Notes
heading: Codification
text: Reference to the monument’s approximately 154,119 acre area as of “May 7, 1952” was substituted for a reference in the original to the monument’s “present” area.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Words “Park” and “park” substituted in text for “Monument” and “monument”, respectively, pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 441g (CONSERVATION)
§ 441g. Orders to effectuate revision of boundaries; publication
The revision of boundaries of the national park, as authorized in section 441f of this title, shall be accomplished by the issuance, by the Secretary of the Interior, of an appropriate order, or orders, such order or orders to be effective upon publication in the Federal Register: Provided, That federally owned land under the administrative jurisdiction of any other department or agency of the Federal Government shall be included within the park only with the approval of the head of such department or agency.
(May 7, 1952, ch. 244, § 2, 66 Stat. 65; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Editorial Notes
heading: References in Text
text: Section 441f of this title, referred to in text, was in the original “sections 1 and 5 of this Act”. Section 1 of the Act is classified to section 441f of this title. Section 5 is probably a reference to section 5 of the original bill, which would have authorized the inclusion of up to 4,000 acres of the Pine Ridge Indian Reservation within the Badlands National Monument. Such section 5 was stricken from the bill by Senate amendment, and as enacted the Act contained only four sections.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Word “park” substituted in text for “monument” pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 441h (CONSERVATION)
§ 441h. Jurisdiction of mining and mineral rights; patents
Administrative jurisdiction over all Federal lands eliminated from the park, by the issuance of an order or orders of the Secretary of the Interior, is transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of title III of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1010 et seq.] and the related provisions of title IV thereof: Provided, That all of such lands formerly set apart and reserved from the public domain shall be subject to the mining and minerals-leasing laws: And provided further, That any disposition of any such lands formerly set apart and reserved from the public domain shall be evidenced by patents issued by the Secretary of the Interior.
(May 7, 1952, ch. 244, § 3, 66 Stat. 65; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Editorial Notes
heading: References in Text
text: The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522. Title III of the Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. Title IV thereof, referred to in text, which was classified to sections 1014 to 1029 of title 7, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and by Pub. L. 87–128, title III, § 341(a), Aug. 8, 1961, 75 Stat. 318. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Word “park” substituted in text for “monument” pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 441i (CONSERVATION)
§ 441i. Exchanges of land
In order that exchanges of land may be effectuated for the purposes of sections 441f to 441i of this title, the Secretary of the Interior is authorized, in his discretion and in accordance with the provisions of sections 3111 and 3112 of title 40, to accept, on behalf of the United States, title to any land or interests in land within the exterior boundaries of the Badlands National Park as revised pursuant to sections 441f to 441i of this title, and, in exchange therefor, with the approval and concurrence of the Secretary of Agriculture, the Secretary of the Interior may patent lands of approximately equal value which were formerly set apart and reserved from the public domain within the Badlands Fall River soil conservation project, SD–LU–1. In effectuating such exchanges, in lieu of conveyances by the Secretary of the Interior, the Secretary of Agriculture may convey lands of approximately equal value within said project which have been acquired heretofore by the United States. All such exchanges shall, in all other respects, be considered as exchanges under the provisions of section 32c,1 title III, of the Bankhead-Jones Farm Tenant Act [7 U.S.C. 1011(c)] and shall otherwise be in accordance with provisions of said Act [7 U.S.C. 1000 et seq.]; except that, upon acceptance of title to any lands so acquired by the United States under this section, such lands and any other lands acquired otherwise by the United States within the park boundaries shall be a part of that area. In consummating land exchanges hereunder upon an equitable basis, patents and instruments of conveyance may be issued, and property may be accepted, by the United States, subject to such reservations as may be necessary or in the public interest.
(May 7, 1952, ch. 244, § 4, 66 Stat. 66; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Editorial Notes
heading: References in Text
text: The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522, which is classified generally to chapter 33 (§ 1000 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables.
heading: Codification
text: “Sections 3111 and 3112 of title 40” substituted in text for “section 355 of the Revised Statutes” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Words “Park” and “park” substituted in text for “Monument” and “monument”, respectively, pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 441j (CONSERVATION)
§ 441j. Revision of boundaries
In order to include lands of outstanding scenic and scientific character in the Badlands National Park, the boundaries of the park are revised as generally depicted on the map entitled “Badlands National Monument”, numbered NM–BL–7021B, dated August 1967, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior may make minor adjustments in the boundaries, but the total acreage in the park may not exceed the acreage within the boundaries depicted on the map referred to herein. Lands within the boundaries of the park that are acquired by the United States shall be subject to the laws and regulations applicable to the park.
(Pub. L. 90–468, § 1, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Words “Park” and “park” substituted in text for “Monument” and “monument”, respectively, pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 441k (CONSERVATION)
§ 441k. Acquisition of property for park
(a) Consent of State or Oglala Sioux Tribe of South Dakota; transfer from Federal agency
Subject to the provisions of subsection (b) hereof, the Secretary of the Interior may, within the boundaries of the park, acquire lands and interests in lands by donation, purchase with donated or appropriated funds, or exchange, except that any lands or interests in lands owned by the State of South Dakota, a political subdivision thereof, or the Oglala Sioux Tribe of South Dakota may be acquired only with the consent of owner. Notwithstanding any other provision of law, lands and interests in lands located within the park under the administrative jurisdiction of any other Federal agency may be transferred to the administrative jurisdiction of the Secretary without a transfer of funds.
(b) Easements
As to lands located within the boundaries of the park but outside the boundaries of the gunnery range referred to in section 441l of this title, the Secretary of the Interior may acquire only rights-of-way and scenic easements.
(Pub. L. 90–468, § 2, Aug. 8, 1968, 82 Stat. 663; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Word “park” substituted in text for “monument” pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
16 U.S.C. § 441o (CONSERVATION)
§ 441o. Facilities for interpretation of park and history of Sioux Nation; conveyance of reservation lands; submission of terms to Congressional committees
The Oglala Sioux Tribe may convey and the Secretary of the Interior may acquire not to exceed forty acres of tribally owned lands on the Pine Ridge Indian Reservation for the purpose of erecting thereon permanent facilities to be used to interpret the natural phenomena of the park and the history of the Sioux Nation: Provided, That no such conveyance shall be made until sixty days after the terms thereof have been submitted to the Interior and Insular Affairs Committees of the House of Representatives and the Senate.
(Pub. L. 90–468, § 6, Aug. 8, 1968, 82 Stat. 666; Pub. L. 95–625, title VI, § 611, Nov. 10, 1978, 92 Stat. 3521.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Word “park” substituted in text for “monument” pursuant to Pub. L. 95–625, § 611, which is classified to section 441e–1 of this title and which redesignated Badlands National Monument as Badlands National Park.
Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the “Committee System Reorganization Amendments of 1977”), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
16 U.S.C. § 443...443f (CONSERVATION)
§§ 443 to 443f. Transferred
heading: Editorial Notes
heading: Codification
text: Sections, acts July 3, 1930, ch. 837, §§ 1–7, 46 Stat. 856; Mar. 3, 1931, ch. 405, 46 Stat. 1490; June 5, 1936, ch. 525, §§ 1, 2, 49 Stat. 1483, which related to Colonial National Historical Park, were transferred to sections 81, 81a, 81c, and 81e to 81i of this title.
16 U.S.C. § 444 (CONSERVATION)
§ 444. Petrified Forest National Monument; elimination of private holdings of land within boundaries; exchange of lands
The Secretary of the Interior, for the purpose of eliminating private holdings of land within the Petrified Forest National Monument, Arizona, is empowered, in his discretion, to obtain for the United States the complete title to any or all of the lands held in private ownership within the boundaries of the Petrified Forest National Monument, Arizona, as now or as may be hereafter defined, by accepting from the owners of such privately owned lands complete relinquishment thereof and by granting and patenting to such owners in exchange therefor, in each instance, like public lands of equal value situated in Navajo and/or Apache Counties, in the State of Arizona, after due notice of the proposed exchange has been given by publication for not less than thirty days in the counties where the lands proposed to be exchanged or taken in exchange are located: Provided, That the Secretary of the Interior shall, on application or otherwise, designate public lands located outside the extreme boundaries of the said monument subject to exchange under this section which are, in his opinion, chiefly valuable for grazing and raising forage crops, do not contain merchantable timber, are not susceptible of irrigation from any known source of water supply, and are of character similar to the privately owned lands offered in exchange.
(May 14, 1930, ch. 271, § 1, 46 Stat. 278.)
heading: Statutory Notes and Related Subsidiaries
heading: Disestablishment of Petrified Forest National Monument
text: Disestablishment of Petrified Forest National Monument upon establishment of Petrified Forest National Park, see section 119 of this title.
16 U.S.C. § 444a (CONSERVATION)
§ 444a. Ascertainment of value of lands offered for exchange; evidence of title
The value of all patented lands within said monument offered for exchange, and the value of the lands of the United States to be given in exchange therefor, shall be ascertained in such manner as the Secretary of the Interior may direct; and the owners of such privately owned lands within said monument shall, before any exchange is effective, furnish the Secretary of the Interior evidence satisfactory to him of title to the patented lands offered in exchange; and lands conveyed to the United States under section 444 of this title shall be and remain a part of the Petrified Forest National Monument.
(May 14, 1930, ch. 271, § 2, 46 Stat. 278.)
heading: Statutory Notes and Related Subsidiaries
heading: Disestablishment of Petrified Forest National Monument
text: Disestablishment of Petrified Forest National Monument upon establishment of Petrified Forest National Park, see section 119 of this title.
16 U.S.C. § 445 (CONSERVATION)
§ 445. Canyon De Chelly National Monument; establishment; boundaries
With the consent of the tribal council of the Navajo Tribe of Indians, the President of the United States is authorized to establish by presidential proclamation the Canyon De Chelly National Monument, within the Navajo Indian Reservation, Arizona, including the lands hereinafter described.
All lands in Del Muerto, De Chelly, and Monument Canyons, in the canyons tributary thereto, and the lands within one-half mile of the rims of the said canyons, situated in unsurveyed townships 4 and 5 north, range 7 west; townships 4, 5, and 6 north, range 8 west; townships 4 and 5 north, range 9 west; and in surveyed townships 4 and 5 north, range 6 west; townships 3, 6, and 7 north, range 7 west; township 6 north, range 9 west; and township 5 north, range 10 west; embracing about eighty-three thousand eight hundred and forty acres, all of the Navajo meridian, in Arizona.
(Feb. 14, 1931, ch. 188, § 1, 46 Stat. 1161; Mar. 1, 1933, ch. 161, 47 Stat. 1419.)
heading: Editorial Notes
heading: Amendments
text: 1933—Act Mar. 1, 1933, redescribed lands referred to in second par.
heading: Executive Documents
heading: Establishment of Monument; Boundaries
text: Monument and boundaries established by Presidential Proc. No. 1945, Apr. 1, 1931, 47 Stat. 2448; Proc. No. 2036, Mar. 3, 1933, 47 Stat. 2562.