---
kind: "section"
citation: "16 U.S.C. § 430g–5"
title: "16"
title_heading: "Conservation"
number: "430g–5"
heading: "Acquisition and disposal of lands"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/430g-5"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LX — National Military Parks"
---

# §430g–5. Acquisition and disposal of lands

- (a) **General authority—**
  - (1) **Authority to acquire land—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) lands and interests in lands within the [park](/usc/16/410r–5.md?p=c-3) by donation, purchase with donated or appropriated funds, exchange, or otherwise.
  - (2) **Minimum Federal interests—** In acquiring lands and interests in lands under sections [430g–4](/usc/16/430g–4.md) to [430g–10](/usc/16/430g–10.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) shall [acquire](/usc/16/620e.md?p=1) the minimum Federal interests necessary to achieve the objectives identified for specific [areas](/usc/16/539m–1.md?p=1-A) and the [park](/usc/16/410r–5.md?p=c-3).
  - (3) **Method of acquisition for certain land—** Notwithstanding [paragraph (1)](#a-1), the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) the properties added to the [park](/usc/16/410r–5.md?p=c-3) by [section 430g–4(b)(2) of this title](/usc/16/430g–4.md?p=b-2) only by donation.
- (b) **Authority to convey freehold and leasehold interests within park—** The [Secretary](/usc/16/410r–5.md?p=c-1) may convey lands and interests in lands within the [park](/usc/16/410r–5.md?p=c-3) authorized in accordance with subsection (a) of [section 102901 of title 54](/usc/54/102901.md), except that, notwithstanding [subsection (d)](/usc/54/102901.md) of that section, the net proceeds from any such conveyance may be used, subject to appropriations, to [acquire](/usc/16/620e.md?p=1) lands and interests within the [park](/usc/16/410r–5.md?p=c-3).
- (c) **Conveyance of lands excluded from park—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized, in accordance with applicable existing law, to exchange [Federal lands](/usc/16/620e.md?p=2) and interests excluded from the [park](/usc/16/410r–5.md?p=c-3) pursuant to [section 430g–4(c) of this title](/usc/16/430g–4.md?p=c) for the purpose of acquiring lands within the [park](/usc/16/410r–5.md?p=c-3) boundary.
  - (2) If any such [Federal lands](/usc/16/620e.md?p=2) or interests are not exchanged within five years after August 17, 1990, the [Secretary](/usc/16/410r–5.md?p=c-1) may sell any or all such lands or interests to the highest bidder, in accordance with such regulations as the [Secretary](/usc/16/410r–5.md?p=c-1) may prescribe, but any such conveyance shall be at not less than the fair market value of the land or interest, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1).
  - (3) All [Federal lands](/usc/16/620e.md?p=2) and interests sold or exchanged pursuant to this subsection shall be subject to such terms and conditions as will assure the use of the property in a manner which, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1), will protect the [park](/usc/16/410r–5.md?p=c-3) and the Gettysburg Battlefield Historic District (hereafter in sections 430g–5 to [430g–10](/usc/16/430g–10.md) of this title referred to as the “historic district”). Notwithstanding any other provision of law, the net proceeds from any such sale or exchange shall be used, subject to appropriations, to [acquire](/usc/16/620e.md?p=1) lands and interests within the [park](/usc/16/410r–5.md?p=c-3).
- (d) **Relinquishment of legislative jurisdiction to Pennsylvania—** With respect to any lands over which the United States exercises exclusive or concurrent legislative jurisdiction and which are excluded from the [park](/usc/16/410r–5.md?p=c-3) pursuant to [section 430g–4(c) of this title](/usc/16/430g–4.md?p=c), the [Secretary](/usc/16/410r–5.md?p=c-1) may relinquish to the [State](/usc/16/590q.md?p=a) of Pennsylvania such exclusive or concurrent legislative jurisdiction by filing with the Governor a notice of relinquishment to [take](/usc/16/3102.md?p=18) effect upon acceptance thereof, unless otherwise provided by the laws of the [State](/usc/16/590q.md?p=a).

## Source credit

(Pub. L. 101–377, § 2, Aug. 17, 1990, 104 Stat. 464; Pub. L. 106–290, § 2, Oct. 10, 2000, 114 Stat. 921; Pub. L. 113–291, div. B, title XXX, § 3034(b), Dec. 19, 2014, 128 Stat. 3777.)

## Notes

### Editorial Notes

### Codification

In subsec. (b), “subsection (a) of section 102901 of title 54” substituted for “subsection (a) of the Act of July 15, 1968 (16 U.S.C. 460l–22)”, meaning “subsection (a) of section 5 of the Act of July 15, 1968 (16 U.S.C. 460l–22)”, on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

### Amendments

2014—Subsec. (a). Pub. L. 113–291 designated first and second sentences as pars. (1) and (2), respectively, inserted par. headings, and added par. (3).

2000—Subsecs. (c)(1), (d). Pub. L. 106–290 substituted “430g–4(c)” for “430g–4(b)”.