Collapse to view only § 160e. Payment of value differential by Secretary to owner of commercial timberlands exchanging lands for State lands outside of park; determination of value; prerequisites

§ 160. Congressional declaration of purpose

The purpose of this subchapter is to preserve, for the inspiration and enjoyment of present and future generations, the outstanding scenery, geological conditions, and waterway system which constituted a part of the historic route of the Voyageurs who contributed significantly to the opening of the Northwestern United States.

(Pub. L. 91–661, § 1, Jan. 8, 1971, 84 Stat. 1970.)
§ 160a. Establishment; notice in Federal Register; donation of lands; acquisition by purchase of other lands

In furtherance of the purpose of this subchapter, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to establish the Voyageurs National Park (hereinafter referred to as the “park”) in the State of Minnesota, by publication of notice to that effect in the Federal Register at such time as the Secretary deems sufficient interests in lands or waters have been acquired for administration in accordance with the purposes of this subchapter: Provided, That the Secretary shall not establish the park until the lands owned by the State of Minnesota and any of its political subdivisions within the boundaries shall have been donated to the Secretary for the purposes of the park: Provided further, That the Secretary shall not acquire other lands by purchase for the park prior to such donation unless he finds that acquisition is necessary to prevent irreparable changes in their uses or character of such a nature as to make them unsuitable for park purposes and notifies the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives of such findings at least thirty days prior to such acquisition.

(Pub. L. 91–661, § 101, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 103–437, § 6(f), Nov. 2, 1994, 108 Stat. 4585.)
§ 160a–1. Boundaries
(a) Lands and waters included; legal description; revision
(b) Additional revisions; procedures applicable; failure to comply with procedures
(1) In addition to such revisions as the Secretary may make in the boundaries of the park from time to time pursuant to other provisions of law, the Secretary may, according to the provisions of subsection (a)—
(A) delete approximately 782 acres in the Neil Point area of the park;
(B) add approximately 180 acres in the Black Bay Narrows areas of the park;
(C) add approximately 18.45 acres owned by the State of Minnesota at the Kabetogama Forestry Station;
(D) add approximately 120 acres owned by the State of Minnesota, being a strip of land through that portion of section 1, township 68 north, range 20 west, fourth principal meridian, which is parallel to and 400 feet on both sides of the unimproved road extending northward from the Ash River Trail as such road crosses each section; and
(E) subject to the provisions of paragraph (2), delete approximately 1,000 acres at Black Bay and convey such lands to the State of Minnesota.
All of the aforementioned boundary changes if accomplished shall be accomplished such that the boundary of the park shall conform to that generally depicted on the drawing entitled “Boundary, Voyageurs National Park, United States Department of the Interior, National Park Service”, numbered 172–80, 008–MWR, and dated November 1981, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
(2) The Secretary may not delete or convey the lands referred to in paragraph (1)(E) unless, prior to or simultaneously with such deletion or conveyance and in consideration of such conveyance, the State of Minnesota—
(A) tenders a conveyance of the lands described in subparagraphs (C) and (D) of paragraph (1) to the United States by such instrument and in such manner as are satisfactory to the Secretary, including but not limited to lease or easement: Provided, That if the interest conveyed is a lease or easement, the State of Minnesota shall substitute therefore a transfer of all right, title, and interest in the land by June 30, 1987: Provided further, That if the State does not transfer all right, title, and interest in such lands by June 30, 1987, the land described in paragraph (1)(E) shall revert to the United States for administration by the Secretary as part of the park; and
(B) enters into a recordable agreement satisfactory to the Secretary which provides that—
(i) the State has established a wildlife management area in the area authorized to be deleted and conveyed to the State by paragraph (1)(E);
(ii) the State has prepared a plan acceptable to the Secretary to manage all the waters of and State lands riparian to Black Bay (including all of the State-owned lands and waters of Rainy Lake) to preserve the natural resources of the area so as to complement to the fullest extent possible the purposes for which the park was established;
(iii) the State shall not transfer any right, title, or interest in, or control over, any land described in paragraph (1)(E) to any person other than the Secretary; and
(iv) the State shall permit access by the Secretary at reasonable times to the land described in paragraph (1)(E).
(3) If at any time the State fails to comply with the material requirements of the agreement referred to in paragraph (2)(B), all right, title, and interest in the land described in paragraph (1)(E) shall revert to the United States for administration by the Secretary as part of the park. Such reversion shall take effect upon the delivery by the Secretary of notice to the State respecting such failure to comply without further notice or requirement for physical entry by the Secretary unless an action for judicial review is brought in the United States Court of Appeals for the appropriate circuit within ninety days following such notice. In any such action the court may issue such orders as are appropriate to carry out the requirements of this subsection.
(Pub. L. 91–661, § 102, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 97–405, § 1(1), (2), Jan. 3, 1983, 96 Stat. 2028; Pub. L. 116–9, title II, § 2107(a), Mar. 12, 2019, 133 Stat. 727.)
§ 160b. Land acquisitions
(a) Authorization
(1) In general
(2) Certain portions of tracts
(A) In general
(B) Exchange
(i) In general
(ii) Portions not exchanged
(C) Transfers of Federal property
(D) Administrative jurisdiction
Effective beginning on March 12, 2019, there is transferred to the National Park Service administrative jurisdiction over—
(i) any land managed by the Bureau of Land Management within the boundaries of the park, as depicted on the map described in section 160a–1(a) of this title; and
(ii) any additional public land identified by the Bureau of Land Management as appropriate for transfer within the boundaries of the park.
(E) Land owned by State
(i) Donations and exchanges
(ii) Revision
(b) Offers by individuals
(Pub. L. 91–661, § 201, Jan. 8, 1971, 84 Stat. 1970; Pub. L. 116–9, title II, § 2107(b), Mar. 12, 2019, 133 Stat. 727.)
§ 160c. Acquisition of improved property
(a) Owner’s reservation of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value
(b) Use and occupancy by lessee of lands donated by State of Minnesota within boundaries of park; term of use and occupancy
(c) Termination of use and occupancy; tender by Secretary of fair market value of unexpired right
(d) “Improved property” defined
(Pub. L. 91–661, § 202, Jan. 8, 1971, 84 Stat. 1971.)
§ 160d. Concession contracts with former owners of commercial, recreational, resort, or similar properties within park boundaries

Notwithstanding any other provision of law, the Secretary is authorized to negotiate and enter into concession contracts with former owners of commercial, recreational, resort, or similar properties located within the park boundaries for the provision of such services at their former location as he may deem necessary for the accommodation of visitors.

(Pub. L. 91–661, § 203, Jan. 8, 1971, 84 Stat. 1972.)
§ 160e. Payment of value differential by Secretary to owner of commercial timberlands exchanging lands for State lands outside of park; determination of value; prerequisites

The Secretary is authorized to pay a differential in value, as hereinafter set forth, to any owner of commercial timberlands within the park with whom the State of Minnesota has negotiated, for the purpose of conveyance to the United States, an exchange of lands for State lands outside the park. Payment hereunder may be made when an exchange is based upon valuations for timber purposes only, and shall be the difference between the value of such lands for timber purposes, as agreeable to the State, the Secretary, and any owner, and the higher value, if any, of such lands for recreational purposes not attributable to establishment or authorization of the park: Provided, That any payment shall be made only at such time as fee title of lands so acquired within the boundaries is conveyed to the United States.

(Pub. L. 91–661, § 204, Jan. 8, 1971, 84 Stat. 1972.)
§ 160f. Administration
(a) Authority of Secretary
(b) Preservation of area as a wilderness; study and report to President; procedure for designation as a wilderness
(c) Mining and mineral activities and commercial water power development within park boundaries
(Pub. L. 91–661, § 301, Jan. 8, 1971, 84 Stat. 1972; Pub. L. 97–405, § 1(3), Jan. 3, 1983, 96 Stat. 2029.)
§ 160g. Designation by Secretary of recreational fishing zones; consultation with appropriate State agency; continuation of seining of fish to secure eggs for propagation
(a) The Secretary shall permit recreational fishing on lands and waters under his jurisdiction within the boundaries of the park in accordance with applicable laws of the United States and of the State of Minnesota, except that the Secretary may designate zones where and establish periods when no fishing shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate agency of the State of Minnesota.
(b) The seining of fish at Shoepac Lake by the State of Minnesota to secure eggs for propagation purposes shall be continued in accordance with plans mutually acceptable to the State and the Secretary.
(Pub. L. 91–661, § 302, Jan. 8, 1971, 84 Stat. 1972.)
§ 160h. Programs for development of area for recreational sports activities

The Secretary may, when planning for development of the park, include appropriate provisions for (1) winter sports, including the use of snowmobiles, (2) use by seaplanes, and (3) recreational use by all types of watercraft, including houseboats, runabouts, canoes, sailboats, fishing boats, and cabin cruisers.

(Pub. L. 91–661, § 303, Jan. 8, 1971, 84 Stat. 1972.)
§ 160i. Applicability to treaties, orders, or agreements

Nothing in this subchapter shall be construed to affect the provisions of any treaty now or hereafter in force between the United States and Great Britain relating to Canada or between the United States and Canada, or of any order or agreement made or entered into pursuant to any such treaty, which by its terms would be applicable to the lands and waters which may be acquired by the Secretary hereunder, including, without limitation on the generality of the foregoing, the Convention Between the United States and Canada on Emergency Regulation of Level of Rainy Lake and of Other Boundary Waters in the Rainy Lake Watershed, signed September 15, 1938, and any order issued pursuant thereto.

(Pub. L. 91–661, § 304, Jan. 8, 1971, 84 Stat. 1973.)
§ 160j. Roads accessible to public facilities

The Secretary is authorized to make provision for such roads within the park as are, or will be, necessary to assure access from present and future State roads to public facilities within the park.

(Pub. L. 91–661, § 305, Jan. 8, 1971, 84 Stat. 1973.)
§ 160k. Funding and other requirements
(a) Authorization of appropriations
(b) Comprehensive plan for visitor use and overnight visitor facilities; development, implementation, etc.; authorization of appropriations
(c) Existing road access; study and report; authorization of appropriations
(d) Statutory ceilings respecting appropriations
(Pub. L. 91–661, § 401, Jan. 8, 1971, 84 Stat. 1973; Pub. L. 97–405, § 1(4), Jan. 3, 1983, 96 Stat. 2029.)