US Code
CHAPTER 1005— AREAS OF NATIONAL PARK SYSTEM
§ 100506. Boundary changes to System units

(a)
Criteria for Evaluation.—
The Secretary shall maintain criteria to evaluate any proposed changes to the
boundaries of System units, including—
(1)
analysis of whether or not an existing boundary provides for the adequate
protection and preservation of the natural, historic, cultural, scenic and
recreational resources integral to the System unit;
(2)
an evaluation of each parcel proposed for addition or deletion to a System
unit based on the analysis under paragraph (1); and
(3)
an assessment of the impact of potential boundary adjustments taking into
consideration the factors in section
100505(c)(3) of this title
and the effect of the adjustments on the local communities and
surrounding area.
(b)
Proposal of Secretary.—
In proposing a boundary change to a System unit, the Secretary shall—
(1)
consult with affected agencies of State and local governments, surrounding
communities, affected landowners, and private national, regional, and local
organizations;
(2)
apply the criteria developed pursuant to subsection (a) and accompany the
proposal with a statement reflecting the results of the application of the
criteria; and
(3)
include with the proposal an estimate of the cost for acquiring any parcels
proposed for acquisition, the basis for the estimate, and a statement on the
relative priority for the acquisition of each parcel within the priorities for
acquisition of other parcels for the System unit and for the System.
(c)
Minor Boundary Changes.—
(1)
In general.—
When the Secretary determines that to do so will contribute to, and is
necessary for, the proper preservation, protection, interpretation, or
management of a System unit, the Secretary may, following timely notice in
writing to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate of the
Secretary’s intention to do so, and by publication of a revised boundary map or
other description in the Federal Register—
(A)
make minor changes to the boundary of the System unit, and amounts
appropriated from the Fund shall be available for acquisition of any land,
water, and interests in land or water added to the System unit by the
boundary change subject to such statutory limitations, if any, on methods of
acquisition and appropriations thereof as may be specifically applicable to
the System unit; and
(B)
acquire by donation, purchase with donated funds, transfer from any
other Federal agency, or exchange, land, water, or interests in land or
water adjacent to the System unit, except that in exercising the Secretary’s
authority under this subparagraph the Secretary—
(i)
shall not alienate property administered as part of the System to
acquire land by exchange;
(ii)
shall not acquire property without the consent of the owner; and
(iii)
may acquire property owned by a State or political subdivision of a
State only by donation.
(2)
Consultation.—
Prior to making a determination under this subsection, the Secretary shall
consult with the governing body of the county, city, town, or other jurisdiction
or jurisdictions having primary taxing authority over the land or interest to be
acquired as to the impacts of the proposed action.
(3)
Action to advance local public
awareness.—
The Secretary shall take such steps as the Secretary considers appropriate
to advance local public awareness of the proposed action.
(4)
Administration of acquisitions.—
Land, water, and interests in land or water acquired in accordance with
this subsection shall be administered as part of the System unit to which they
are added, subject to the laws and regulations applicable to the System unit.
(5)
When authority applies.—
For the purposes of paragraph (1)(A), in all cases except the case of
technical boundary changes (resulting from such causes as survey error or
changed road alignments), the authority of the Secretary under paragraph (1)(A)
shall apply only if each of the following conditions is met:
(A)
The sum of the total acreage of the land, water, and interests in land
or water to be added to the System unit and the total acreage of the land,
water, and interests in land or water to be deleted from the System unit is
not more than 5 percent of the total Federal acreage authorized to be
included in the System unit and is less than 200 acres.
(B)
The acquisition, if any, is not a major Federal action significantly
affecting the quality of the human environment, as determined by the
Secretary.
(C)
The sum of the total appraised value of the land, water, and interests
in land or water to be added to the System unit and the total appraised
value of the land, water, and interests in land or water to be deleted from
the System unit does not exceed $750,000.
(D)
The proposed boundary change is not an element of a more comprehensive
boundary change proposal.
(E)
The proposed boundary has been subject to a public review and comment
period.
(F)
The Director obtains written consent for the boundary change from all
property owners whose land, water, or interests in land or water, or a
portion of whose land, water, or interests in land or water, will be added
to or deleted from the System unit by the boundary change.
(G)
The land abuts other Federal land administered by the Director.
(6)
Act of congress required.—
Minor boundary changes involving only deletions of acreage owned by the
Federal Government and administered by the Service may be made only by Act of
Congress.