---
kind: "section"
citation: "16 U.S.C. § 460zz–4"
title: "16"
title_heading: "Conservation"
number: "460zz–4"
heading: "Administration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460zz-4"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter CXI — Mississippi National River and Recreation Area"
  - "Part A — Mississippi National River and Recreation Area"
---

# §460zz–4. Administration

- (a) **Authorities—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall administer the [Area](/usc/16/539m–1.md?p=1-A) in accordance with this part. Only those lands within the [Area](/usc/16/539m–1.md?p=1-A) under the direct jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) shall be administered in accordance with the provisions of law generally applicable to [units](/usc/16/430f–7.md?p=4) of the National [Park](/usc/16/410r–5.md?p=c-3) System. Other lands and waters within the [Area](/usc/16/539m–1.md?p=1-A) shall be administered under [State](/usc/16/590q.md?p=a) and local laws. In the case of any conflict between the provisions of this part and such generally applicable provisions of law, the provisions of this part shall govern.
- (b) **State and local authorities—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall consult and cooperate with the [State](/usc/16/590q.md?p=a) of Minnesota and its political [subdivisions](/usc/16/539m–1.md?p=15) concerning the development and management of [Federal lands](/usc/16/620e.md?p=2) within the [Area](/usc/16/539m–1.md?p=1-A).
- (c) **Land acquisition—** Within the boundaries of the [Area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized, in consultation with the [State](/usc/16/590q.md?p=a) of Minnesota and the affected local governmental [unit](/usc/16/430f–7.md?p=4), to [acquire](/usc/16/620e.md?p=1) land and interests therein by donation, purchase with donated or appropriated funds, exchange or transfer, except as provided in paragraphs [(1)](#c-1) and [(2)](#c-2).
  - (1) Any lands or interests therein owned by the [State](/usc/16/590q.md?p=a) of Minnesota or any political [subdivision](/usc/16/539m–1.md?p=15) thereof may be acquired only by donation.
  - (2) Privately owned lands or interests therein may be acquired only with the consent of the [owner](/usc/16/429b–3.md?p=4) thereof unless the [Secretary](/usc/16/410r–5.md?p=c-1) makes a determination pursuant to [subsection (d)(2)](#d-2). In no event may the [Secretary](/usc/16/410r–5.md?p=c-1) use the authority provided in [subsection (d)(3)](#d-3) to [acquire](/usc/16/620e.md?p=1) land or interests in land without the [owner](/usc/16/429b–3.md?p=4)’s consent for any use exercised prior to January 1, 1987, that is consistent with the plan under [section 460zz–2 of this title](/usc/16/460zz–2.md).
- (d) **Review of local plans—**
  - (1) **Authority—** For the purpose of protecting the integrity of the [Area](/usc/16/539m–1.md?p=1-A) the [Secretary](/usc/16/410r–5.md?p=c-1) shall cooperate and consult with the [State](/usc/16/590q.md?p=a) and the appropriate political [subdivisions](/usc/16/539m–1.md?p=15) to review all relevant local plans, laws and ordinances to determine whether they substantially conform to the plan approved pursuant to [section 460zz–2 of this title](/usc/16/460zz–2.md). Additionally the [Secretary](/usc/16/410r–5.md?p=c-1) shall in consultation with the [State](/usc/16/590q.md?p=a) and its political [subdivisions](/usc/16/539m–1.md?p=15) determine the adequacy of enforcement of such plans, laws, and ordinances, including review of building permits and zoning variances granted by local governments, and amendments to local laws and ordinances. The [Secretary](/usc/16/410r–5.md?p=c-1) shall enter into agreements with the [State](/usc/16/590q.md?p=a) or its political [subdivisions](/usc/16/539m–1.md?p=15) to provide, on behalf of the [Secretary](/usc/16/410r–5.md?p=c-1), professional services necessary for the review of such local plans, laws, and ordinances, and of amendments thereto and variances therefrom, and for the monitoring or the enforcement thereof by local governments having jurisdiction over any [areas](/usc/16/539m–1.md?p=1-A) to which the [management plan](/usc/16/544.md?p=k) applies.
  - (2) **Purpose—** The purpose of review under [paragraph (1)](#d-1) shall be to determine the degree to which actions by local governments are compatible with the purposes of this subchapter. Following the approval of the plan under [section 460zz–2 of this title](/usc/16/460zz–2.md) and after a reasonable period of time has elapsed, upon a finding by the [Secretary](/usc/16/410r–5.md?p=c-1) that such plans, laws and ordinances are nonexistent, are otherwise not in conformance with the plan or are not being enforced in a manner consistent with the plan, and if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that there is no feasible alternative available to prevent uses which would be substantially incompatible with the plan, the [Secretary](/usc/16/410r–5.md?p=c-1) may exercise the authority available to him under the provisions of [paragraph (3)](#d-3).
  - (3) **Enforcement—** In those sections of the [Area](/usc/16/539m–1.md?p=1-A) where local plans, laws and ordinances, or amendments thereto or variances therefrom are found by the [Secretary](/usc/16/410r–5.md?p=c-1) not to be in conformance with the plan approved pursuant to [section 460zz–2 of this title](/usc/16/460zz–2.md), or are not being enforced in a manner consistent with the plan, the [Secretary](/usc/16/410r–5.md?p=c-1) shall notify the local government authority concerned. The [Secretary](/usc/16/410r–5.md?p=c-1) may withhold from the local government authority concerned or, require reimbursement of, (A) Federal funds made available for implementation of the plan, or (B) any grant under [section 460zz–5(a) of this title](/usc/16/460zz–5.md?p=a) if the local plan, law, ordinance, amendment, or variance is not modified to conform with the plan and enforced in such manner as will carry out the purposes of this part. If the [State](/usc/16/590q.md?p=a) has not initiated, within a 60-day period, such judicial or other action as necessary to ensure conformity with the plan, and if noncompliance with the plan or failure to enforce the plan continues after the end of such 60-day period, the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1), subject to appropriations, land or interests in land under this subsection without the consent of the [owner](/usc/16/429b–3.md?p=4) thereof. Land and interests in land acquired pursuant to this subsection shall be restricted to the geographical [area](/usc/16/539m–1.md?p=1-A) of the local government [unit](/usc/16/430f–7.md?p=4) failing to conform with the plan and shall be limited to those lands clearly and directly required, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1), for the protection of the [Area](/usc/16/539m–1.md?p=1-A) in a manner compatible with the plan.
- (e) **Retention by owner of use and occupancy—** The [Secretary](/usc/16/410r–5.md?p=c-1) may permit the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of any improved residential property acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) under this part to retain a right of use and occupancy of the property for noncommerical[^1] residential uses not incompatible with the plan approved under [section 460zz–2 of this title](/usc/16/460zz–2.md). The provisions of subsection (c), (d), and (e) of [section 460ii–1 of this title](/usc/16/460ii–1.md) shall apply to the retention of such rights, except that for purposes of this part, the applicable date shall be January 1, 1987 in lieu of January 1, 1975 and the purposes of this part shall be substituted for the purposes referred to in [section 460ii–1(d) of this title](/usc/16/460ii–1.md?p=d).

## Footnotes

[^1]: So in original. Probably should be “noncommercial”.

## Source credit

(Pub. L. 100–696, title VII, § 705, Nov. 18, 1988, 102 Stat. 4605; Pub. L. 101–40, § 4(1), June 20, 1989, 103 Stat. 82.)

## Notes

### Editorial Notes

### Amendments

1989—Subsec. (a). Pub. L. 101–40 substituted “Other” for “Our” in third sentence.