---
kind: "section"
citation: "16 U.S.C. § 283b"
title: "16"
title_heading: "Conservation"
number: "283b"
heading: "Establishment; notice in Federal Register; property rights"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/283b"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter XXXIV — Guadalupe Mountains National Park"
---

# §283b. Establishment; notice in Federal Register; property rights

- (a) **Federal title to property, donation of State and other non-Federal mineral rights and interests, and establishment; notice in Federal Register; acquisition of remaining property; purchase options pending establishment of park; contingent purchase contracts—** When the title to all privately owned land within the boundary of the [park](/usc/16/410r–5.md?p=c-3), subject to such outstanding interests, rights, and easements as the [Secretary](/usc/16/410r–5.md?p=c-1) determines are not objectionable, with the exception of approximately 4,574 acres which are planned to be acquired by exchange, is vested in the United States and after the [State](/usc/16/590q.md?p=a) of Texas has donated or agreed to donate to the United States whatever rights and interests in minerals underlying the lands within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) it may have and other [owners](/usc/16/429b–3.md?p=4) of such rights and interests have donated or agreed to donate the same to the United States, notice thereof and notice of the establishment of the Guadalupe Mountains National [Park](/usc/16/410r–5.md?p=c-3) shall be published in the Federal Register. Thereafter, the [Secretary](/usc/16/410r–5.md?p=c-1) may continue to [acquire](/usc/16/620e.md?p=1) the remaining land and interests in land within the boundaries of the [park](/usc/16/410r–5.md?p=c-3). The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized, pending establishment of the [park](/usc/16/410r–5.md?p=c-3), to negotiate and [acquire](/usc/16/620e.md?p=1) options for the purchase of lands and interests in land within the boundaries of the [park](/usc/16/410r–5.md?p=c-3). He is further authorized to execute contracts for the purchase of such lands and interests, but the liability of the United States under any such contract shall be contingent on the availability of appropriated or donated funds to fulfill the same.
- (b) **Preferential right to reconveyance of mineral rights and interests upon nonuser of lands for national park purposes; notice; period for exercise; beneficiaries—** In the event said lands or any part thereof cease to be used for national [park](/usc/16/410r–5.md?p=c-3) purposes, the [persons](/usc/16/450rr–1.md?p=b) (including the [State](/usc/16/590q.md?p=a) of Texas) who donated to the United States rights and interests in minerals in the lands within the [park](/usc/16/410r–5.md?p=c-3) shall be given notice, in accordance with regulations to be prescribed by the [Secretary](/usc/16/410r–5.md?p=c-1), of their preferential right to a reconveyance, without consideration, of the respective rights and interests in minerals which they donated to the United States. Such notice shall be in a form reasonably calculated to give actual notice to those entitled to such preferential right, and shall provide for a period of not less than one hundred and eighty days within which to exercise such preferential right. The preferential right to such reconveyance shall inure to the benefit of the successors, heirs, devisees, or assigns of such [persons](/usc/16/450rr–1.md?p=b) having such preferential right to a reconveyance, and such successors, heirs, devisees, or assigns shall be given the notice provided for in this subsection.
- (c) **Leases of mineral rights and interests: withdrawal from leasing; mineral leasing, sale of surplus property, and sale provisions inapplicable; subsection (c) inapplicable upon failure or refusal to exercise preferential right to reconveyance—** Such rights and interests in minerals, including all minerals of whatever nature, in and underlying the lands within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) and which are acquired by the United States under the provisions of this subchapter are hereby withdrawn from leasing and are hereby excluded from the application of the present or future provisions of the Mineral Leasing Act for Acquired Lands [[30 U.S.C. 351](/usc/30/351.md) et seq.] or other Act in lieu thereof having the same purpose, and the same are hereby also excluded from the provisions of all present and future laws affecting the sale of surplus property or of said mineral interests acquired pursuant to this subchapter by the United States or any department or agency thereof, except that, if such [person](/usc/16/450rr–1.md?p=b) having such preferential right to a reconveyance fails or refuses to exercise such preferential right to a reconveyance as provided in [subsection (b)](#b) of this section then this [subsection (c)](#c) shall not be applicable to the rights and interests in such minerals in the identical lands of such [person](/usc/16/450rr–1.md?p=b) so failing or refusing to exercise such preferential right to a reconveyance from and after the one hundred and eighty-day period referred to in [subsection (b)](#b) of this section.
- (d) **Preferential right to lease mineral rights and interests necessary for national welfare or emergency: notice, terms and conditions, beneficiaries; other leases upon failure or refusal to exercise right: terms and conditions—** If at any time in the future an Act of Congress provides that the national welfare or an emergency requires the development and production of the minerals underlying the lands within the boundaries of the national [park](/usc/16/410r–5.md?p=c-3), or any portion thereof, and such Act of Congress, notwithstanding the provisions of [subsection (c)](#c) of this section or any other Act, authorizes the [Secretary](/usc/16/410r–5.md?p=c-1) to lease said land for the purpose of drilling, mining, developing, and producing said minerals, the [Secretary](/usc/16/410r–5.md?p=c-1) shall give the [persons](/usc/16/450rr–1.md?p=b) (including the [State](/usc/16/590q.md?p=a) of Texas) who donated such minerals to the United States notice of their preferential right to lease, without consideration, all or any part of the respective rights and interests in minerals which they donated to the United States, subject to such terms and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) may prescribe. Such preferential right shall inure to the benefit of the successors or assigns, and of the heirs or devisees of such [persons](/usc/16/450rr–1.md?p=b) having such preferential right in the premises. The [persons](/usc/16/450rr–1.md?p=b) entitled to a preferential right under this subsection shall be given the same notice thereof as [persons](/usc/16/450rr–1.md?p=b) entitled to preferential rights under [subsection (b)](#b) of this section. If such [person](/usc/16/450rr–1.md?p=b) having such preferential right fails or refuses to exercise such right within the time specified in the above notice, the [Secretary](/usc/16/410r–5.md?p=c-1) may thereafter lease the minerals involved to any other [person](/usc/16/450rr–1.md?p=b) under such terms and conditions as he may prescribe.
- (e) **Proceeds from communitization agreement or protective action; beneficiaries—** If at any time oil, gas, or other minerals should be discovered and produced in commercial quantities from lands outside of the boundaries of the [park](/usc/16/410r–5.md?p=c-3), thereby causing drainage of oil, gas, or other minerals from lands within the boundaries of the [park](/usc/16/410r–5.md?p=c-3), and if the [Secretary](/usc/16/410r–5.md?p=c-1) participates in a communitization agreement or [takes](/usc/16/3102.md?p=18) other action to protect the rights of the United States, the proceeds, if any, derived from such agreement or action shall inure to the benefit of the donors of the oil, gas, or other minerals, or their successors, heirs, devisees, or assigns.

## Source credit

(Pub. L. 89–667, § 3, Oct. 15, 1966, 80 Stat. 920.)

## Notes

### Editorial Notes

### References in Text

The Mineral Leasing Act for Acquired Lands, referred to in subsec. (c), is act Aug. 7, 1947, ch. 513, 61 Stat. 913, which is classified generally to chapter 7 (§ 351 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 30 and Tables.