§ 396f. — Acquisition of private lands; creation of surplus property accounts; transfer and sale of accounts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC396f]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLII-A--KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK
Sec. 396f. Acquisition of private lands; creation of surplus
property accounts; transfer and sale of accounts
Notwithstanding any other provision of law, the Secretary of the
Interior is authorized and shall seek to acquire the private lands
described in section 396d(a) of this title, by crediting a surplus
property account, to be established in the name of each landowner, in
the amount of the acquisition price for such landowner's lands. The
National Park Service shall update the existing appraisals for the
parcels and, based on the approved appraised values, shall negotiate
with the landowners for acquisition prices. Each owner may, using such
credits in his surplus property account, bid, as any other bidder for
surplus property, wherever located, in accordance with the Federal
Property and Administrative Services Act of 1949. The Administrator of
the General Services Administration shall establish each landowner's
surplus property account and shall adjust the credits in such accounts
to reflect successful bids under this section. Title to the lands
described in this section shall pass to the Government at the time of
establishment of the surplus property accounts. The credits in any of
the surplus property accounts may be transferred or sold in whole or in
part at any time by the landowner to any other party, thereby vesting
such party with all the rights of the landowner, and after such
transfer, the landowner shall notify the Administrator of the transfer.
At any time the Secretary may purchase the balance of any surplus
property account subject to the availability of appropriated funds. The
land owner \1\ may also use the credits in exchange for excess lands,
wherever located, under the jurisdiction of the Secretary of the
Interior.
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\1\ So in original. Probably should be ``landowner''.
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(Pub. L. 98-146, title III, Sec. 317, Nov. 4, 1983, 97 Stat. 954; Pub.
L. 101-121, title I, Oct. 23, 1989, 103 Stat. 708.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as
amended. Except for title III of the Act, which is classified generally
to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public
Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
Amendments
1989--Pub. L. 101-121 inserted sentence at end authorizing land
owner to use the credits in exchange for excess land, wherever located,
under the jurisdiction of the Secretary of the Interior.
Use of Accounts for Sales of Properties by Agencies
Pub. L. 101-165, title IX, Sec. 9102, Nov. 21, 1989, 103 Stat. 1151,
as amended by Pub. L. 101-511, title VIII, Sec. 8133(b), Nov. 5, 1990,
104 Stat. 1910; Pub. L. 103-204, Sec. 32(a), Dec. 17, 1993, 107 Stat.
2413, provided that:
``(a) Availability of Amounts in Accounts.--
``(1) In general.--Notwithstanding any other law, in addition to
the purposes for which they are now available, amounts in the
accounts described in paragraph (2) shall, after December 22, 1987,
be available for use in any fiscal year for all purposes (including
use for purchase) involving any public sale of property by an agency
of the United States. In conducting any such sale, such an agency
shall accept, in the same manner as cash, any amount tendered from
such an account, and the balance of the account shall be adjusted by
the Secretary of the Treasury or the Administrator of General
Services, as applicable, to reflect that transaction.
``(2) Accounts described.--The accounts referred to in
subparagraph (B) are--
``(A) the account in the Treasury established by the
Secretary of the Treasury pursuant to section 12(b) of Public
Law 94-204 (43 U.S.C. 1611 note), referred to in that section as
the `Cook Inlet Region, Incorporated property account'; and
``(B) the surplus property account established by the
Administrator of General Services pursuant to section 317 of
Public Law 98-146 (16 U.S.C. 396f).
``(b) Treatment of Amount Received by Agencies From Accounts.--In
any case in which an agency of the United States that conducts a public
sale of property is authorized by law to use the proceeds of such sale
for a specific purpose, the Secretary of the Treasury shall, without
restriction, treat as cash receipts any amount which is--
``(1) tendered from an account described in subsection (a)(2);
``(2) received by the agency as proceeds of such a sale; and
``(3) used by the agency for that specific purpose.
``(c) Availability of Funds.--The Secretary of the Treasury shall
hereafter use funds in the Treasury not otherwise appropriated to make
any cash transfer that is necessary under subsection (b) to allow an
agency to use the proceeds of a public sale of property.
``(d) Agency Defined.--In this section the term `agency' includes--
``(1) any instrumentality of the United States, or
``(2) any element of an agency, or
``(3) any wholly owned or mixed-owned United States Government
corporation identified in chapter 91 of title 31, United States
Code.
``(e) Property Defined.--Notwithstanding the definition of
`property' found in the Federal Property and Administrative Services Act
of 1949, as amended [now 40 U.S.C. 102(9)], in this section the term
`property' includes any property--real, personal (including intangible
assets sold or offered by the Federal Deposit Insurance Corporation or
the Resolution Trust Corporation, such as financial instruments, notes,
loans, and bonds), or mixed--owned, held, or controlled by the United
States (including that in a corporate capacity or as a receiver or
conservator, or such other similar fiduciary relationship), and offered
for sale by any agency or instrumentality of the United States,
including but not limited to the General Services Administration,
Department of Defense, Department of the Interior, Department of
Agriculture, Department of Housing and Urban Development, the United
States Courts and any Government corporation, agency or instrumentality
subject to chapter 91 of title 31, United States Code; real property as
used in this section means any land or interest in land or option to
purchase land, any improvements on such lands, or rights to their use or
exploitation.
``(f) The Secretary of the Treasury, in consultation with the
Secretary of the Interior, shall establish procedures to permit the
accounts described in subsection (a)(2) to receive deposits, to make
deposits into escrow when an escrow is required for the sale of any
property, and to reinstate to such accounts any unused escrow deposits
if sales are not consummated.''
