
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460u-1]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
           SUBCHAPTER LXXIX--INDIANA DUNES NATIONAL LAKESHORE
 
Sec. 460u-1. Acquisition of property


(a) Authority of Secretary; negotiation for Indiana Dunes State Park; 
        exchange of property; acquisition of land owned for educational 
        purposes

    Within the boundaries of the lakeshore the Secretary of the Interior 
(hereinafter referred to as the ``Secretary'') is authorized to acquire 
lands, waters, and other property, or any interest therein, by donation, 
purchase with donated or appropriated funds, exchange, or otherwise. The 
Indiana Dunes State Park may be acquired only by donation of the State 
of Indiana, and the Secretary is hereby directed to negotiate with the 
State for the acquisition of said park. In exercising his authority to 
acquire property by exchange for the purposes of this subchapter, the 
Secretary may accept title to non-Federal property located within the 
area described in section 460u of this title and convey to the grantor 
of such property any federally owned property under the jurisdiction of 
the Secretary which he classifies as suitable for exchange or other 
disposal within the State of Indiana or Illinois. Properties so 
exchanged shall be approximately equal in fair market value, as 
determined by the Secretary who may, in his discretion, base his 
determination on an independent appraisal obtained by him: Provided, 
That the Secretary may accept cash from or pay cash to the grantor in 
such an exchange in order to equalize the values of the properties 
exchanged. The Secretary is expressly authorized to acquire by donation, 
purchase with donated or appropriated funds, or exchange, lands or 
interests therein which are owned for school or educational purposes by 
a State or a political subdivision thereof.

(b) Liability of United States under contracts contingent on 
        appropriations

    In exercising his authority to acquire property subsection (a) of 
this section, the Secretary may enter into contracts requiring the 
expenditure, when appropriated, of funds authorized to be appropriated 
by section 460u-8 of this title, but the liability of the United States 
under any such contract shall be contingent on the appropriation of 
funds sufficient to fulfill the obligations thereby incurred.

(Pub. L. 89-761, Sec. 2, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 96-612, 
Sec. 1(3), (4), Dec. 28, 1980, 94 Stat. 3575.)


                               Amendments

    1980--Subsec. (a). Pub. L. 96-612, Sec. 1(3), inserted provision 
authorizing the Secretary to acquire or exchange lands or interests 
therein owned for school or educational purposes by a State or political 
subdivision thereof.
    Subsec. (b). Pub. L. 96-612, Sec. 1(4), substituted ``section 460u-
8'' for ``section 460u-9''.


                    Acquisition of Lands by Exchange

    Pub. L. 97-356, Oct. 19, 1982, 96 Stat. 1703, provided: ``That (a) 
notwithstanding the fourth sentence of section 2(a) of the Act entitled 
`An Act to provide for the establishment of the Indiana Dunes National 
Lakeshore, and for other purposes', approved November 5, 1966 (16 U.S.C. 
460u-1(a)), or any other provision of law, the Secretary of the Interior 
is authorized--
        ``(1) to accept from the State of Indiana the conveyance of 
    69.17 acres of land located within area IV-A, as designated on the 
    map referred to in the first section of such Act (16 U.S.C. 460u), 
    commonly known as `Blue Heron Rookery', and
        ``(2) in exchange for such conveyance, to convey to the State of 
    Indiana 31.26 acres of land located within area IV, as designated on 
    such map, commonly known as `Hoosier Prairie'.
    ``(b) The Secretary of the Interior may not carry out the conveyance 
specified in subsection (a)(2) unless, simultaneously with such 
conveyance and in consideration of such conveyance, the State of 
Indiana--
        ``(1) transfers to the Secretary all right, title, and interest 
    in the land described in subsection (a)(1);
        ``(2) enters into a recordable agreement satisfactory to the 
    Secretary providing that--
            ``(A) the State will not use, or permit the use, of the land 
        described in subsection (a)(2) for any purpose other than the 
        interpretation and public appreciation and use of the Hoosier 
        Prairie Unit of the Indiana Dunes National Lakeshore;
            ``(B) the State will not transfer any right, title, or 
        interest in, or control over, any land described in subsection 
        (a)(2) to any person other than the Secretary;
            ``(C) the State will permit access by the Secretary at 
        reasonable times to the land described in subsection (a)(2); and
            ``(D) upon a final determination by the Secretary that--
                ``(i) the State has failed to comply with the 
            requirements of subparagraph (A) or (B), and
                ``(ii) after receipt of notice from the Secretary 
            respecting such failure, the State has failed or refused to 
            comply with such requirements,
    all right, title, and interest in such land shall revert to the 
        United States for administration by the Secretary as part of the 
        lakeshore.
The Secretary may make a determination under subparagraph (D) only after 
notice and opportunity for hearing on the record. The reversion under 
subparagraph (D) shall take effect upon publication of such 
determination by the Secretary in the Federal Register without further 
notice or requirement for physical entry by the Secretary unless an 
action for judicial review is brought in the United States court of 
appeals for the appropriate circuit within ninety days following such 
publication. In any such action the court may issue such orders as 
appropriate to carry out the requirements of this subsection.''
