---
kind: "section"
citation: "16 U.S.C. § 410t"
title: "16"
title_heading: "Conservation"
number: "410t"
heading: "Acquisition and transfer of lands; private owner’s retention of right of use and occupancy"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410t"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LV — Minute Man National Historical Park"
---

# §410t. Acquisition and transfer of lands; private owner’s retention of right of use and occupancy

- (a) **Acquisition of lands; administrative jurisdiction of Federal lands; notice in Federal Register—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to [acquire](/usc/16/620e.md?p=1) by donation or with donated funds, or with funds authorized to be appropriated, lands and interests in lands within the [area](/usc/16/539m–1.md?p=1-A) designated for the [park](/usc/16/410r–5.md?p=c-3). Administrative jurisdiction of [Federal lands](/usc/16/620e.md?p=2) lying within the [area](/usc/16/539m–1.md?p=1-A) designated for the [park](/usc/16/410r–5.md?p=c-3) shall, with the concurrence of the Federal agency involved, be transferred to the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior for administration as a part of the [park](/usc/16/410r–5.md?p=c-3).

  The [park](/usc/16/410r–5.md?p=c-3) shall be established as Minute Man National Historical [Park](/usc/16/410r–5.md?p=c-3) by notice in the Federal Register when the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior finds that sufficient lands within the designated [area](/usc/16/539m–1.md?p=1-A) have been acquired to warrant such establishment.

- (b) **Transfer of lands—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of Defense the two parcels currently administered by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, as depicted on the [map](/usc/16/430f–7.md?p=1) dated April 1990 and numbered NARO–406/80805. The [Secretary](/usc/16/410r–5.md?p=c-1) of Defense shall transfer to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, without reimbursement, for inclusion in the Minute Man National Historical [Park](/usc/16/410r–5.md?p=c-3) the 4 parcels now administered by the [Secretary](/usc/16/410r–5.md?p=c-1) of Defense, as depicted on the [maps](/usc/16/430f–7.md?p=1) dated April 1990 and numbered NARO–406/80804 and NARO–406/80805.
- (c) **Exceptions and limitations to authorization to acquire lands; condemnation—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized to [acquire](/usc/16/620e.md?p=1) by donation, purchase with donated or appropriated funds, or exchange, lands or interests in lands within the [areas](/usc/16/539m–1.md?p=1-A) included within the boundaries of the [park](/usc/16/410r–5.md?p=c-3) pursuant to amendments made by the Minute Man National Historical [Park](/usc/16/410r–5.md?p=c-3) Amendments of 1991 (hereinafter referred to as “1991 [additions](/usc/16/410r–5.md?p=c-2)”), except that—
  - (1) lands, and interests in lands, within the 1991 [additions](/usc/16/410r–5.md?p=c-2) which are owned by the [State](/usc/16/590q.md?p=a) of Massachusetts or any political [subdivision](/usc/16/539m–1.md?p=15) thereof, may be acquired only by donation, and
  - (2) lands, and interests in lands, within the 1991 [additions](/usc/16/410r–5.md?p=c-2) which are used for noncommercial residential purposes as of July 1, 1991, may be acquired only with the consent of the [owner](/usc/16/429b–3.md?p=4) thereof unless the property is being developed, or is proposed to be developed, in a manner which the [Secretary](/usc/16/410r–5.md?p=c-1) determines to be detrimental to the scenic, historical, cultural, and other values of the [park](/usc/16/410r–5.md?p=c-3).

  Nothing in [paragraph (2)](#c-2) shall be construed to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances for any lands within the 1991 [additions](/usc/16/410r–5.md?p=c-2). Not later than 6 months after October 24, 1992, and after notice and opportunity for public comment, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall publish specific guidelines for making determinations under [paragraph (2)](#c-2). Such guidelines shall provide for (A) written notice to the [Secretary](/usc/16/410r–5.md?p=c-1) prior to commencement of any proposed development on the lands referred to in paragraph [(2)](#c-2), (B) written notice by the [Secretary](/usc/16/410r–5.md?p=c-1) to the [owner](/usc/16/429b–3.md?p=4) of such lands of any determination proposed to be made under paragraph [(2)](#c-2), and (C) a reasonable opportunity for the [owner](/usc/16/429b–3.md?p=4) to comment on such proposed determination.

- (d) **Private owner’s retention of right of use and occupancy—**
  - (1) Any individual who owns private property acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) under [subsection (c)](#c) may, on the date of such [acquisition](/usc/16/620e.md?p=1) and as a condition of such [acquisition](/usc/16/620e.md?p=1), retain for himself and his successors or assigns, a right of use and occupancy of the property for a definite term of not more than 25 years from the date of [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) or a term ending at the death of the [owner](/usc/16/429b–3.md?p=4) or the [owner](/usc/16/429b–3.md?p=4)’s spouse, whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved.
  - (2) Unless the property is wholly or partially donated, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) reserving a right of use and occupancy under this subsection the fair market value of the property on the date of its [acquisition](/usc/16/620e.md?p=1), less the fair market value on that date of the right retained by the [owner](/usc/16/429b–3.md?p=4).
  - (3) For purposes of applying this subsection, ownership shall be determined as of July 1, 1991.

## Source credit

(Pub. L. 86–321, § 2, Sept. 21, 1959, 73 Stat. 591; Pub. L. 102–488, § 2(3)[(2)], Oct. 24, 1992, 106 Stat. 3135.)

## Notes

### Editorial Notes

### References in Text

The Minute Man National Historical Park Amendments of 1991, referred to in subsec. (c), is Pub. L. 102–488, Oct. 24, 1992, 106 Stat. 3135, which enacted sections 410x–1 and 410x–2 of this title, amended this section and sections 410s and 410x of this title, and enacted provisions set out as a note under section 410s of this title. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 410s of this title and Tables.

### Amendments

1992—Pub. L. 102–488 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).

### Statutory Notes and Related Subsidiaries

### Boundary Adjustment

Pub. L. 111–11, title VII, § 7106, Mar. 30, 2009, 123 Stat. 1193, provided that: Definitions.—In this section: Map.—The term ‘map’ means the map entitled ‘Minute Man National Historical Park Proposed Boundary’, numbered 406/81001, and dated July 2007. Park.—The term ‘Park’ means the Minute Man National Historical Park in the State of Massachusetts. Secretary.—The term ‘Secretary’ means the Secretary of the Interior.Minute Man National Historical Park.—Boundary adjustment.— In general.—The boundary of the Park is modified to include the area generally depicted on the map. Availability of map.—The map shall be on file and available for inspection in the appropriate offices of the National Park Service. Acquisition of land.—The Secretary may acquire the land or an interest in the land described in paragraph (1)(A) by— purchase from willing sellers with donated or appropriated funds; donation; or exchange. Administration of land.—The Secretary shall administer the land added to the Park under paragraph (1)(A) in accordance with applicable laws (including regulations). Authorization of Appropriations.—There are authorized to be appropriated such sums as are necessary to carry out this section.”