---
kind: "section"
citation: "16 U.S.C. § 398a"
title: "16"
title_heading: "Conservation"
number: "398a"
heading: "Conditions and limitations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/398a"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter XLIV — Virgin Islands National Park"
---

# §398a. Conditions and limitations


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized subject to the following conditions and limitations, to proceed in such manner as he shall find to be necessary in the public interest to consummate the establishment of the Virgin Islands National [Park](/usc/16/410r–5.md?p=c-3):

- (a) The acreage of the national [park](/usc/16/410r–5.md?p=c-3) shall be limited to a total of not more than nine thousand five hundred acres of land [area](/usc/16/539m–1.md?p=1-A), such total to be comprised of not more than fifteen acres on the island of Saint Thomas, and not more than nine thousand four hundred and eighty-five additional acres to be comprised of portions of the island of Saint John and such small islands, rocks, and cays not in excess of five hundred acres in the general vicinity thereof as may be desirable for inclusion within the [park](/usc/16/410r–5.md?p=c-3);
- (b) Tentative exterior boundary lines, to include land not in excess of the aforesaid acreage limitations, may be selected for the [park](/usc/16/410r–5.md?p=c-3) in order to establish the particular [areas](/usc/16/539m–1.md?p=1-A) in which land may be acquired pursuant to this section and [section 398 of this title](/usc/16/398.md), such tentative boundaries to be selected and adjusted as may be necessary by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior;
- (c) The [Secretary](/usc/16/410r–5.md?p=c-1), on behalf of the United States, is authorized to accept donations of real and personal property within the [areas](/usc/16/539m–1.md?p=1-A) selected for the [park](/usc/16/410r–5.md?p=c-3) until such time as the aforesaid total of nine thousand five hundred acres shall have been acquired for the [park](/usc/16/410r–5.md?p=c-3) by the United States, and he may also accept donations of funds for the purposes of this section and [section 398 of this title](/usc/16/398.md). Notwithstanding the acreage limitations and boundary designations contained in this section, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to accept through donation, or purchase from a willing seller, the real and personal property located on Lots 251–252 Estate Contant Enighed, Parcels 86B and 86AA Cruz Bay Quarter;
- (d) Any Federal properties situated within the [areas](/usc/16/539m–1.md?p=1-A) selected for the [park](/usc/16/410r–5.md?p=c-3), upon agreement by the particular agency administering such properties that such properties should be made available for the [park](/usc/16/410r–5.md?p=c-3), may be transferred without further authorization to the [Secretary](/usc/16/410r–5.md?p=c-1) by such agency for purposes of this section and [section 398 of this title](/usc/16/398.md);
- (e) Establishment of the Virgin Islands National [Park](/usc/16/410r–5.md?p=c-3), in its initial phase, shall be and is declared to be accomplished and effective for purposes of administration when a minimum acreage of not less than five thousand acres in Federal ownership for purposes of this section and [section 398 of this title](/usc/16/398.md) shall have been acquired by the United States in specific [areas](/usc/16/539m–1.md?p=1-A) containing such acquired lands to be designated by the [Secretary](/usc/16/410r–5.md?p=c-1); and
- (f) Notice of the establishment of the [park](/usc/16/410r–5.md?p=c-3) as authorized and prescribed by this section and [section 398 of this title](/usc/16/398.md) shall be published in the Federal Register.

## Source credit

(Aug. 2, 1956, ch. 885, § 2, 70 Stat. 940; Pub. L. 95–348, § 7(b)(6), Aug. 18, 1978, 92 Stat. 495.)

## Notes

### Editorial Notes

### Amendments

1978—Subsec. (c). Pub. L. 95–348 inserted provisions relating to acceptance through donation or purchase of the real and personal property located on Lots 251–252 Estate Contant Enighed.