---
kind: "section"
citation: "16 U.S.C. § 410j"
title: "16"
title_heading: "Conservation"
number: "410j"
heading: "Acquisition of land, water, and interests therein; consent of owner; reservations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410j"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LIV — Everglades National Park"
---

# §410j. Acquisition of land, water, and interests therein; consent of owner; reservations


The authority of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to [acquire](/usc/16/620e.md?p=1) land and water for Everglades National [Park](/usc/16/410r–5.md?p=c-3) shall on and after July 2, 1958 be restricted to the [area](/usc/16/539m–1.md?p=1-A) within the boundary described in [section 410i of this title](/usc/16/410i.md). Notwithstanding the proviso contained in [section 410 of this title](/usc/16/410.md), or any other provision of law, the said [Secretary](/usc/16/410r–5.md?p=c-1) is authorized on and after July 2, 1958, within the boundary fixed in sections [410i](/usc/16/410i.md) to [410p](/usc/16/410p.md) of this title and with any funds made available for that purpose, to [acquire](/usc/16/620e.md?p=1) land, water, and interests therein by purchase or otherwise.

The authority to [acquire](/usc/16/620e.md?p=1) land, water, and interests therein within the [park](/usc/16/410r–5.md?p=c-3) boundary fixed in [section 410i of this title](/usc/16/410i.md) but outside the [area](/usc/16/539m–1.md?p=1-A) designated in sections [410e](/usc/16/410e.md) to [410h](/usc/16/410h.md) of this title, is further subject to the right of retention by the [owners](/usc/16/429b–3.md?p=4) thereof, including [owners](/usc/16/429b–3.md?p=4) of interests in oil, gas, and mineral rights or royalties, and by their heirs, executors, [administrators](/usc/16/450rr–1.md?p=a), successors, and assigns, at their election of the following:

(1) The reservation until October 9, 1967, of all oil, gas, and mineral rights or interests, including the right to lease, explore for, produce, store, and remove oil, gas, and other minerals from such lands;

(2) In the event that on or before said date, oil, gas, or other minerals are being produced in commercial quantities anywhere within the boundary fixed in [section 410i of this title](/usc/16/410i.md) but outside the [area](/usc/16/539m–1.md?p=1-A) designated in sections [410e](/usc/16/410e.md) to [410h](/usc/16/410h.md) of this title, the time of the reservation provided in subsection (1) above shall automatically extend for all [owners](/usc/16/429b–3.md?p=4) within said boundary and outside of said [area](/usc/16/539m–1.md?p=1-A) regardless of whether such production is from land in which such [owners](/usc/16/429b–3.md?p=4) have an interest, for so long as oil, gas, or other minerals are produced in commercial quantities anywhere within said boundary and outside of said [area](/usc/16/539m–1.md?p=1-A). To exercise this reservation, the [owners](/usc/16/429b–3.md?p=4), their lessees, agents, employees, and assigns shall have such right of ingress to and egress from such land and water as may be necessary; and

(3) After the termination of the reserved rights of [owners](/usc/16/429b–3.md?p=4) as set forth in subsections (1) and (2) of this section, a further reservation of the right to customary royalties, applying at the time of production, in any oil, gas, or other minerals which may be produced from such land and water at any time before January 1, 1985, should production ever be authorized by the Federal Government or its assigns.


## Source credit

(Pub. L. 85–482, § 2, July 2, 1958, 72 Stat. 284; Pub. L. 91–428, § 2, Sept. 26, 1970, 84 Stat. 885.)

## Notes

### Editorial Notes

### Amendments

1970—Pub. L. 91–428 struck out restriction against acquisition of certain described lands in Dade County without the consent of the owner so long as the land is used exclusively for agricultural purposes, including housing directly incident thereto, or is lying fallow or remains in its natural state.