§ 398d. — Acquisition of lands, waters, and interests therein.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC398d]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIV--VIRGIN ISLANDS NATIONAL PARK
Sec. 398d. Acquisition of lands, waters, and interests therein
(a) Authorization; payment requirements; interest rate
Within the boundaries of Virgin Islands National Park as established
and adjusted pursuant to sections 398 and 398a of this title, and as
revised by sections 398c to 398f of this title, the Secretary of the
Interior is authorized to acquire lands, waters, and interests therein
by purchase, exchange or donation or with donated funds. In acquiring
such lands, up to 6.6 acres, the Secretary may, when agreed upon by the
landowner involved, defer payment or schedule payments over a period of
ten years and pay interest on the unpaid balance at a rate not exceeding
the current prevailing commercial rate.
(b) Employment and training of residents to develop, etc., area
The Secretary is authorized and directed to the maximum extent
feasible to employ and train residents of the Virgin Islands to develop,
maintain, and administer the Virgin Islands National Park.
(c) Payment requirements for acquisition of Hassel Island from United
States
Subject to continued protection and use of Hassel Island for park
and recreation purposes, and such other conditions as the Secretary may
deem appropriate, the Territory of the Virgin Islands may, within, but
not after, five years after August 18, 1978, by duly enacted legislation
acquire all interests of the United States in Hassel Island by
reimbursing the United States in an amount equal to the amount actually
expended by the United States for the acquisition of lands and interests
in lands and for the costs of construction of permanent improvements, if
any.
(d) Rights of owners of improved property on Hassel Island to use and
occupancy of property for noncommercial residential purposes;
term; payment requirements; suspension of authority to condemn
Royal Mail property; ``improved property'' defined; termination
of rights of owners to use and occupancy
(1) Except for property deemed necessary by the Secretary of the
Interior for visitor facilities or administration of the park, any owner
or owners of improved property on Hassel Island on the date of its
acquisition, may retain for themselves a right of use and occupancy of
the property for noncommercial residential purposes for twenty-five
years or, in lieu thereof, for a term ending at the death of the owner
or the owner's spouse, whichever is later. The owner shall elect the
term to be reserved. The Secretary shall pay to the owner the fair
market value of the property on the date of such acquisition, less the
fair market value on such date of the right retained by the owner. The
authority of the Secretary to acquire the property commonly known as the
Royal Mail (hotel) by condemnation shall be suspended for ten years from
August 18, 1978, if such owner or owners agree, in writing, within
ninety days after August 18, 1978, to grant to the United States the
right to purchase such property at a purchase price, mutually agreed
upon by the Secretary and the landowner, which does not exceed the fixed
value of said property on July 1, 1978.
(2) As used in subsection (d)(1) of this section, ``improved
property'' means a single-family dwelling, the construction of which
began before January 1, 1977, together with such lands as are in the
same ownership and appurtenant buildings located thereon.
(3) The Secretary may terminate a right of use and occupancy
retained pursuant to subsection (d)(1) of this section upon his
determination that such use and occupancy is being, or may be, exercised
in a manner inconsistent with the purposes for which they were included
within the park and upon tender to the holder of such right of the
amount equal to the value of that portion of the right which remains
unexpired on the date of termination.
(Pub. L. 87-750, Sec. 2, Oct. 5, 1962, 76 Stat. 747; Pub. L. 95-348,
Sec. 7(b)(1)-(3), Aug. 18, 1978, 92 Stat. 494.)
Amendments
1978--Pub. L. 95-348 designated existing provisions as subsec. (a),
inserted provisions respecting acquisitions of up to 6.6 acres, and
added subsecs. (b) to (d).
Section Referred to in Other Sections
This section is referred to in sections 398c, 398e of this title;
title 48 section 1705.
