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Notes

16 U.S.C. §§ 430kk–430mm

3 sections in range

§430kk. Wilson’s Creek National Battlefield: establishment and acquisition of lands

16 U.S.C. § 430kk

(a)
Establishment, initial boundaries— The Secretary of the Interior shall acquire, by gift, purchase, condemnation, or otherwise, the lands (together with any improvements thereon) comprising the Wilson’s Creek Battlefield site near Springfield, Missouri, and any other lands adjacent to such site which in his opinion are necessary or desirable to carry out the purposes of sections 430kk to 430mm of this title.
(b)
Expansion of boundaries—
(1)
Additional land—
(A)
In general— The boundaries of the Wilson’s Creek National Battlefield are revised to include lands and interests therein consisting of six parcels totaling 615 acres and identified as parcels “1, 2, 3, 4, 5, and 6” on the map entitled “Wilson’s Creek National Battlefield Proposed Boundary”, numbered 410/80,037 and dated January 27, 2004.
(B)
Newtonia Battlefield addition— The boundary of the Wilson’s Creek National Battlefield is revised to include the approximately 25 acres of land identified as “Proposed Addition” on the map entitled “Wilson’s Creek National Battlefield Proposed Boundary Modification”, numbered 410/177,379, and dated July 2022.
(C)
Availability of maps— The maps described in subparagraphs (A) and (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(D)
Errors— The Secretary of the Interior may correct any clerical or typographical error in a map described in subparagraph (A) or (B).
(2)
Method of acquisition— The Secretary of the Interior may acquire the land described in subparagraphs (A) and (B) of paragraph (1) by donation, by purchase from willing sellers with donated or appropriated funds, or by exchange. The Secretary may acquire by the same methods personal property associated with, and appropriate for, interpretation of Wilson’s Creek National Battlefield.
(c)
Access to private property— Nothing in sections 430kk to 430mm of this title shall be construed to—
(1)
require any private property owner to allow public access (including Federal, State, or local government access) to such private property; or
(2)
modify any provision of Federal, State, or local law with regard to public access to or use of private property.
(d)
Liability— The revision of the boundaries of the Wilson’s Creek National Battlefield by subsection (b) shall not be considered to create any liability for, or to have any effect on any liability under any other law of, any owner of private property with respect to any person injured on that private property.
(e)
Recognition of authority to control land use— Nothing in sections 430kk to 430mm of this title shall be construed to modify the authority of Federal, State, or local governments to regulate land use.
(f)
Participation of private property owners— Nothing in sections 430kk to 430mm of this title shall be construed to require the owner of any private property located within the boundaries of the Wilson’s Creek National Battlefield to participate in, or be associated with, the National Battlefield.
(g)
Effect of expansion— The boundaries of the Wilson’s Creek National Battlefield, as revised by subsection (b), represent the area within which Federal funds appropriated for the purpose of sections 430kk to 430mm of this title may be expended. The boundary revision shall not be construed to provide any nonexisting regulatory authority on land use within the National Battlefield or its viewshed by the Secretary or the National Park Service.
Notes, amendments, and revision history

(Pub. L. 86–434, § 1, Apr. 22, 1960, 74 Stat. 76; Pub. L. 108–394, § 2(a), Oct. 30, 2004, 118 Stat. 2247; Pub. L. 117–328, div. DD, title VI, § 616, Dec. 29, 2022, 136 Stat. 5604.)

Editorial Notes

Amendments

2022—Subsec. (b)(1). Pub. L. 117–328, § 616(1), inserted par. heading; designated first sentence as subpar. (A) and inserted heading; designated second sentence as subpar. (C), inserted heading, and substituted “The maps described in subparagraphs (A) and (B)” for “The map”; and added subpars. (B) and (D).

Subsec. (b)(2). Pub. L. 117–328, § 616(2), inserted heading and substituted “The Secretary of the Interior may acquire the land described in subparagraphs (A) and (B) of paragraph (1)” for “The Secretary is authorized to acquire the lands referred to in paragraph (1)” in first sentence and “Wilson’s Creek National Battlefield” for “the park” in second sentence.

2004—Pub. L. 108–394 inserted section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (g).

Statutory Notes and Related Subsidiaries

Short Title of 2004 Amendment

Pub. L. 108–394, § 1, Oct. 30, 2004, 118 Stat. 2247, provided that: “This Act [amending this section and section 430mm of this title] may be cited as the ‘Wilson’s Creek National Battlefield Boundary Adjustment Act of 2004’.”

§430ll. Designation

16 U.S.C. § 430ll

(a)
Administration, protection, and development— The lands acquired under section 430kk of this title shall be set aside as a public park for the benefit and enjoyment of the people of the United States, and shall be designated as the Wilson’s Creek National Battlefield. The National Park Service, under the direction of the Secretary of the Interior, shall administer, protect, and develop the park, subject to the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535).1
(b)
Improvements— In order to provide for the proper development and maintenance of the park, the Secretary of the Interior shall construct and maintain therein such roads, trails, markers, buildings, and other improvements, and such facilities for the care and accommodation of visitors, as he may deem necessary.

Footnotes

  1. 1 See References in Text note below.
Notes, amendments, and revision history

(Pub. L. 86–434, § 2, Apr. 22, 1960, 74 Stat. 76; Pub. L. 91–554, § 1(a), Dec. 16, 1970, 84 Stat. 1441.)

Editorial Notes

References in Text

The Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Amendments

1970—Pub. L. 91–554 substituted “Wilson’s Creek National Battlefield” for “Wilson’s Creek Battlefield National Park”.

§430mm. Authorization of appropriations

16 U.S.C. § 430mm

For development of the Wilson’s Creek National Battlefield, there are authorized to be appropriated not more than $5,640,000. There are authorized to be appropriated such sums as may be necessary to carry out section 430kk(b) of this title.
Notes, amendments, and revision history

(Pub. L. 86–434, § 3, Apr. 22, 1960, 74 Stat. 76; Pub. L. 91–554, § 1(b), Dec. 16, 1970, 84 Stat. 1441; Pub. L. 95–625, title I, § 101(29), Nov. 10, 1978, 92 Stat. 3472; Pub. L. 108–394, § 2(b), Oct. 30, 2004, 118 Stat. 2248.)

Editorial Notes

Amendments

2004—Pub. L. 108–394 inserted last sentence.

1978—Pub. L. 95–625 substituted “$5,640,000.” for “$2,285,000 (March 1969 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction cost indices applicable to the types of construction involved herein.”

1970—Pub. L. 91–554 increased authorization of appropriations from not more than $120,000 to not more than $2,285,000 (March 1969 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices.