CITE
16 USC Sec. 460l-22 01/08/2008
EXPCITE
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part D - Land Transfers
HEAD
Sec. 460l-22. Conveyance of property and interests in property in
national park system and miscellaneous areas
STATUTE
(a) Freehold and leasehold interests; competitive bidding
With respect to any property acquired by the Secretary of the
Interior within a unit of the national park system or miscellaneous
area, except property within national parks, or within national
monuments of scientific significance, the Secretary may convey a
freehold or leasehold interest therein, subject to such terms and
conditions as will assure the use of the property in a manner which
is, in the judgment of the Secretary, consistent with the purpose
for which the area was authorized by the Congress. In any case in
which the Secretary exercises his discretion to convey such
interest, he shall do so to the highest bidder, in accordance with
such regulations as the Secretary may prescribe, but such
conveyance shall be at not less than the fair market value of the
interest, as determined by the Secretary; except that if any such
conveyance is proposed within two years after the property to be
conveyed is acquired by the Secretary, he shall allow the last
owner or owners of record of such property thirty days following
the date on which they are notified by the Secretary in writing
that such property is to be conveyed within which to notify the
Secretary that such owners wish to acquire such interest. Upon
receiving such timely request, the Secretary shall convey such
interest to such person or persons, in accordance with such
regulations as the Secretary may prescribe, upon payment or
agreement to pay an amount equal to the highest bid price.
(b) Exchange of lands; other disposal; equal land values
The Secretary of the Interior is authorized to accept title to
any non-Federal property or interest therein within a unit of the
National Park System or miscellaneous area under his
administration, and in exchange therefor he may convey to the
grantor of such property or interest any Federally-owned property
or interest therein under his jurisdiction which he determines is
suitable for exchange or other disposal and which is located in the
same State as the non-Federal property to be acquired: Provided,
however, That timber lands subject to harvest under a sustained
yield program shall not be so exchanged. Upon request of a State or
a political subdivision thereof, or of a party in interest, prior
to such exchange the Secretary or his designee shall hold a public
hearing in the area where the lands to be exchanged are located.
The values of the properties so exchanged, either shall be
approximately equal, or if they are not approximately equal, the
values shall be equalized by the payment of cash to the grantor
from funds appropriated for the acquisition of land for the area,
or to the Secretary as the circumstances require.
(c) Solid waste disposal operations prohibited; exceptions;
regulations
In order to protect the air, land, water, and natural and
cultural values of the National Park System and the property of the
United States therein, no solid waste disposal site (including any
site for the disposal of domestic or industrial solid wastes) may
be operated within the boundary of any unit of the National Park
System, other than -
(1) a site which was operating as of September 1, 1984, or
(2) a site used only for disposal of wastes generated within
that unit of the park system so long as such site will not
degrade any of the natural or cultural resources of such park
unit.
The Secretary of the Interior shall promulgate regulations to carry
out the provisions of this subsection, including reasonable
regulations to mitigate the adverse effects of solid waste disposal
sites in operation as of September 1, 1984, upon property of the
United States.
(d) Proceeds credited to land and water conservation fund
The proceeds received from any conveyance under this section
shall be credited to the land and water conservation fund in the
Treasury of the United States.
SOURCE
(Pub. L. 90-401, Sec. 5, July 15, 1968, 82 Stat. 356; Pub. L. 98-
506, Sec. 2, Oct. 19, 1984, 98 Stat. 2338.)
AMENDMENTS
1984 - Subsecs. (c), (d). Pub. L. 98-506 added subsec. (c) and
redesignated former subsec. (c) as (d).