---
kind: "range"
citation: "16 U.S.C. §§ 441j–441o"
title: "16"
from: "441j"
to: "441o"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/16/441j..441o"
---

# §441j. Revision of boundaries


In order to include lands of outstanding scenic and scientific character in the Badlands [National Park](/usc/16/410hhh–1.md?p=5), the boundaries of the [park](/usc/16/410r–5.md?p=c-3) are revised as generally depicted on the [map](/usc/16/430f–7.md?p=1) 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](/usc/16/410hhh–1.md?p=5) Service, Department of the Interior. The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may make minor adjustments in the boundaries, but the total acreage in the [park](/usc/16/410r–5.md?p=c-3) may not exceed the acreage within the boundaries depicted on the [map](/usc/16/430f–7.md?p=1) referred to herein. Lands within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) that are acquired by the United States shall be subject to the laws and regulations applicable to the [park](/usc/16/410r–5.md?p=c-3).


# §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)](#b) hereof, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may, within the boundaries of the [park](/usc/16/410r–5.md?p=c-3), [acquire](/usc/16/620e.md?p=1) lands and interests in lands by donation, purchase with donated or appropriated [funds](/usc/16/1421h.md?p=2), or exchange, except that any lands or interests in lands owned by the [State](/usc/16/6456.md?p=2) of South Dakota, a political [subdivision](/usc/16/539m–1.md?p=15) thereof, or the Oglala Sioux Tribe of South Dakota may be acquired only with the consent of [owner](/usc/16/429b–3.md?p=4). Notwithstanding any other provision of law, lands and interests in lands located within the [park](/usc/16/410r–5.md?p=c-3) under the administrative jurisdiction of any other Federal agency may be transferred to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) without a transfer of [funds](/usc/16/1421h.md?p=2).
- (b) **Easements—** As to lands located within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) but outside the boundaries of the gunnery range referred to in [section 441l](/usc/16/441l.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may [acquire](/usc/16/620e.md?p=1) only rights-of-way and scenic easements.

# §441l. Exchange of lands; transfer from Federal agency to administrative jurisdiction of Secretary; terms and conditions of purchase


Inasmuch as (A) most of the lands added to the Badlands [National Park](/usc/16/410hhh–1.md?p=5) by [section 441j of this title](/usc/16/441j.md) are inside the boundaries of the Pine Ridge Sioux Indian Reservation, (B) such lands are also within a tract of land forty-three miles long and twelve and one-half miles wide which is in the north-western part of such Indian reservation and has been used by the United States Air Force as a gunnery range since the early part of World War II, (C) the tribal lands within such gunnery range were leased by the Federal Government and the other lands within such gunnery range were purchased by the Federal Government from the individual [owners](/usc/16/429b–3.md?p=4) (mostly Indians), (D) the Department of the Air Force has declared most of such gunnery range lands excess to its needs and such excess lands have been requested by the [National Park](/usc/16/410hhh–1.md?p=5) Service under [chapters 1 to 11](/usc/40/ch1..11.md) of title 40 and division C (except sections [3302](/usc/16/3302.md), 3307(e), [3501(b)](/usc/16/3501.md?p=b), [3509](/usc/16/3509.md), 3906, 4710, and [4711](/usc/16/4711.md)) of subtitle I of [title 41](/usc/41.md), (E) the leased tribal lands and the excess lands within the enlarged Badlands [National Park](/usc/16/410hhh–1.md?p=5) are needed for the [park](/usc/16/410r–5.md?p=c-3), (F) the other excess lands in such gunnery range should be restored to the former Indian [owners](/usc/16/429b–3.md?p=4) of such lands, and (G) the tribe is unwilling to sell its tribal lands for inclusion in the [national park](/usc/16/410hhh–1.md?p=5), but is willing to exchange them or interests therein for the excess gunnery range lands, which, insofar as the lands within the gunnery range formerly held by the tribe are concerned, should be returned to Indian ownership in any event, the Congress hereby finds that such exchange would be in the national interest and authorizes the following actions:

- (a) All [Federal lands](/usc/16/620e.md?p=2) and interests in lands within the Badlands Air Force gunnery range that are outside the boundaries of the [park](/usc/16/410r–5.md?p=c-3) and that heretofore or hereafter are declared excess to the needs of the Department of the Air Force shall be transferred to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior without a transfer of [funds](/usc/16/1421h.md?p=2).
- (b) Any former Indian or non-Indian [owner](/usc/16/429b–3.md?p=4) of a tract of such land, whether title was held in [trust](/usc/16/450ss–1.md?p=4) or fee, may purchase such tract from the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior under the following terms and conditions:
  - (1) The purchase price to a former Indian [owner](/usc/16/429b–3.md?p=4) shall be the total amount paid by the United States to [acquire](/usc/16/620e.md?p=1) such tract and all interests therein, plus interest thereon from the date of [acquisition](/usc/16/620e.md?p=1) at a rate determined by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Treasury taking into consideration the average market yield of all outstanding marketable obligations of the United States at the time the tract was acquired by the United States, adjusted to the nearest one-eighth of 1 per centum. The purchase price to a former non-Indian [owner](/usc/16/429b–3.md?p=4) shall be present [fair market value](/usc/16/459b–1.md?p=e) of the tract as determined by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior.
  - (2) Not less than $100 or 20 per centum of the purchase price, whichever is less, shall be paid at the time of purchase, and the balance shall be payable in not to exceed 20 years with interest at a rate determined by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Treasury taking into account the current average market yield on outstanding marketable obligations of the United States with twenty years remaining to date of maturity, adjusted to the nearest one-eighth of 1 per centum.
  - (3) Title to the tract purchased shall be held in [trust](/usc/16/450ss–1.md?p=4) for the purchaser if it was held in [trust](/usc/16/450ss–1.md?p=4) status at the time the tract was acquired by the United States; otherwise, the title to the tract purchased shall be conveyed to the purchaser subject to a mortgage and such other security instruments as the [Secretary](/usc/16/410r–5.md?p=c-1) deems appropriate. If a tract purchased under this subsection is offered for resale during the following ten-year period, the tribe must be given the first right to purchase it.
  - (4) The unpaid balance of the purchase price shall be a lien against the land if the title is held in [trust](/usc/16/450ss–1.md?p=4) and against all rents, bonuses, and royalties received therefrom. In the event of default in the payment of any installment of the purchase price the [Secretary](/usc/16/410r–5.md?p=c-1) may take such action to enforce the lien as he deems appropriate, including foreclosure and conveyance of the land to the Oglala Sioux Tribe.
  - (5) An application to purchase the tract must be filed with the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior within one year from the date a notice is published in the Federal Register that the tract has been transferred to the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1).
  - (6) No application may be filed by more than five of the [former owners](#b-7) of an interest in the tract. If more than one such application is filed for a tract the applicants must agree on not more than five of the [former owners](#b-7) who shall make the purchase, and failing such agreement all such applications for the tract shall be rejected by the [Secretary](/usc/16/410r–5.md?p=c-1).
  - (7) “Former owner” means, for the purposes of [subsection (b)](#b) of this section, each [person](/usc/16/450rr–1.md?p=b) from whom the United States acquired an interest in the tract, or if such [person](/usc/16/450rr–1.md?p=b) is deceased, his spouse, or if such spouse is deceased, his children.

# §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](/usc/16/620e.md?p=2) and interests in lands within the Badlands Air Force gunnery range that are outside the boundaries of the [park](/usc/16/410r–5.md?p=c-3), and that have been declared excess to the needs of the Department of the Air Force, and that are not purchased by former [owners](/usc/16/429b–3.md?p=4) under [section 441l(b)](/usc/16/441l.md?p=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](/usc/16/410r–5.md?p=c-1) of Agriculture to the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/429b–3.md?p=4) of land that is within the Badlands Air Force gunnery range and outside the boundaries of the [park](/usc/16/410r–5.md?p=c-3) 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)](/usc/16/441l.md?p=b-5) of this title, elect (i) to purchase an available tract of land described in [subsection (a)](#a) 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](/usc/16/410r–5.md?p=c-1) of the Interior as provided in [section 441l(a)](/usc/16/441l.md?p=a) of this title.
- (c) **Life estates and use restrictions—** Any former Indian [owner](/usc/16/429b–3.md?p=4) of a tract of land within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) that was acquired by the United States for the Badlands Air Force gunnery range, and that is transferred to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior pursuant to [section 441k of this title](/usc/16/441k.md), may, within the period specified in [section 441l(b)(5)](/usc/16/441l.md?p=b-5) of this title, elect (i) to [acquire](/usc/16/620e.md?p=1) from the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-3), or (ii) to purchase an available tract of land described in [subsection (a)](#a) of substantially the same value.
- (d) **Purchase restrictions—** Purchases under [subsection (b)](#b) and clause (ii) of subsection (c) of this section shall be made on the terms provided in [section 441l(b)](/usc/16/441l.md?p=b) of this title.

# §441n. Lands outside gunnery range; exchange of lands; reservation of mineral rights; grazing and mineral development rights of Indians; execution of instruments; trust title

- (a) **Exchange of lands; mineral and grazing rights—** Title to all [Federal lands](/usc/16/620e.md?p=2) and interests in lands within the boundaries of the Badlands Air Force gunnery range that are outside the boundaries of the [park](/usc/16/410r–5.md?p=c-3), and that are transferred to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior as provided in [section 441l(a)](/usc/16/441l.md?p=a) of this title, including lands hereafter declared to be excess, and that are not selected under sections [441l(b)](/usc/16/441l.md?p=b) or [441m](/usc/16/441m.md) of this title, and title to all lands within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) that were acquired by the United States for the Badlands Air Force gunnery range, subject to any life estate conveyed pursuant to [section 441m(c) of this title](/usc/16/441m.md?p=c) and subject to restrictions on use that may be prescribed in regulations applicable to the [park](/usc/16/410r–5.md?p=c-3), which regulations may include provisions for the protection of the black-footed ferret, may be conveyed to the Oglala Sioux Tribe in exchange (i) for the right of the United States to use all tribal land within the [park](/usc/16/410r–5.md?p=c-3) for [park](/usc/16/410r–5.md?p=c-3) purposes, including the right to manage fish and wildlife and other [resources](/usc/16/410hhh–1.md?p=8) and to construct visitor use and administrative facilities thereon, and (ii) for title to three thousand one hundred fifteen and sixty-three one-hundredths acres of land owned by the Oglala Sioux Tribe and located in the [area](/usc/16/539m–1.md?p=1-A) of the Badlands Air Force gunnery range which is not excess to the needs of the Department of the Air Force and which is encompassed in civil action numbered 859 W.D. in the United States District Court for the District of South Dakota, if such exchange is approved by the Oglala Sioux Tribal [Council](/usc/16/460mmm–1.md?p=2). The lands acquired under paragraph (ii) shall become a part of the Badlands Air Force gunnery range retained by the Department of the Air Force. The United States and the Oglala Sioux Tribe shall reserve all mineral rights in the lands so conveyed. The right of the United States to use for [park](/usc/16/410r–5.md?p=c-3) purposes lands that were tribally owned prior to August 8, 1968, shall not impair the right of the Oglala Sioux Tribe to use such lands for grazing purposes and mineral development, including development for oil and gas.
- (b) **Execution of instruments—** The Oglala Sioux Tribal [Council](/usc/16/460mmm–1.md?p=2) may authorize the execution of the necessary instruments to effect the exchange on behalf of the tribe, and the [Secretary](/usc/16/410r–5.md?p=c-1) may execute the necessary instruments on behalf of the United States.
- (c) **Trust title—** After the exchange is effected the title of the Oglala Sioux Tribe to the property acquired by the exchange shall be held in [trust](/usc/16/450ss–1.md?p=4) subject to the same restrictions and authorities that apply to other lands of the tribe that are held in [trust](/usc/16/450ss–1.md?p=4).

# §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](/usc/16/410r–5.md?p=c-1) of the Interior may [acquire](/usc/16/620e.md?p=1) 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](/usc/16/410r–5.md?p=c-3) 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](/usc/16/941b.md?p=1) of the House of [Representatives](/usc/16/5609.md?p=13) and the Senate.