
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC441m]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
   SUBCHAPTER LXI--NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
 
Sec. 441m. Disposition of excess gunnery range lands and 
        reservation lands; purchase; terms and conditions; life estates 
        and use restrictions
        

(a) Gunnery range lands; reservation lands

    All Federal lands and interests in lands within the Badlands Air 
Force gunnery range that are outside the boundaries of the park, and 
that have been declared excess to the needs of the Department of the Air 
Force, and that are not purchased by former owner under section 441l(b) 
of this title, and all lands that have been acquired by the United 
States under authority of title II of the National Industrial Recovery 
Act of June 16, 1933 (48 Stat. 200), and subsequent relief Acts, 
situated within the Pine Ridge Indian Reservation, administrative 
jurisdiction over which has heretofore been transferred by the President 
from the Secretary of Agriculture to the Secretary of the Interior by 
Executive Order Numbered 7868, dated April 15, 1938, shall be subject to 
the following provisions of this section.

(b) Purchases

    Any former Indian owner of land that is within the Badlands Air 
Force gunnery range and outside the boundaries of the park and that has 
not been declared excess to the needs of the Department of the Air Force 
on August 8, 1968, may, within the period specified in section 
441l(b)(5) of this title, elect (i) to purchase an available tract of 
land described in subsection (a) of this section of substantially the 
same value, or (ii) to purchase the tract formerly owned by him at such 
time as such tract is declared excess and transferred to the Secretary 
of the Interior as provided in section 441l(a) of this title.

(c) Life estates and use restrictions

    Any former Indian owner of a tract of land within the boundaries of 
the park that was acquired by the United States for the Badlands Air 
Force gunnery range, and that is transferred to the Secretary of the 
Interior pursuant to section 441k of this title, may, within the period 
specified in section 441l(b)(5) of this title, elect (i) to acquire from 
the Secretary of the Interior a life estate in such tract at no cost, 
subject to restrictions on use that may be prescribed in regulations 
applicable to the park, or (ii) to purchase an available tract of land 
described in subsection (a) of this section of substantially the same 
value.

(d) Purchase restrictions

    Purchases under subsection (b) and clause (ii) of subsection (c) of 
this section shall be made on the terms provided in section 441l(b) of 
this title.

(Pub. L. 90-468, Sec. 4, Aug. 8, 1968, 82 Stat. 664; Pub. L. 95-625, 
title VI, Sec. 611, Nov. 10, 1978, 92 Stat. 3521.)

                       References in Text

    Title II of the National Industrial Recovery Act of June 16, 1933 
(48 Stat. 200), referred to in subsec. (a), is title II of act June 16, 
1933, ch. 90, 48 Stat. 200, as amended, which was classified generally 
to chapter 8 (Sec. 401 et seq.) of Title 40, Public Buildings, Property, 
and Works. The provisions were terminated June 30, 1943 by act June 27, 
1942, ch. 450, Sec. 1, 56 Stat. 410.
    Executive Order Numbered 7868, dated April 15, 1938, referred to in 
subsec. (a), was not classified to the Code.

                         Change of Name

    Word ``park'' substituted for ``monument'' in subsecs. (a) to (c) 
pursuant to Pub. L. 95-625, Sec. 611, which is classified to section 
441e-1 of this title and which redesignated Badlands National Monument 
as Badlands National Park.

                  Section Referred to in Other Sections

    This section is referred to in section 441n of this title; title 25 
section 459.
