§ 459b-1. — Acquisition of property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC459b-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459b-1. Acquisition of property
(a) Authority of Secretary; manner and place; concurrence of State
owner; transfer from Federal agency to administrative
jurisdiction of Secretary
The Secretary of the Interior (hereinafter referred to as
``Secretary'') is authorized to acquire by purchase, gift, condemnation,
transfer from any Federal agency, exchange, or otherwise, the land,
waters, and other property, and improvements thereon and any interest
therein, within the area which is described in section 459b of this
title or which lies within the boundaries of the seashore as described
pursuant to section 459b-2 of this title (both together hereinafter in
sections 459b to 459b-8 of this title referred to as ``such area''). Any
property, or interest therein, owned by the Commonwealth of
Massachusetts, by any of the towns referred to in section 459b of this
title, or by any other political subdivision of said Commonwealth may be
acquired only with the concurrence of such owner. Notwithstanding any
other provision of law, any Federal property located within such area
may, with the concurrence of the agency having custody thereof, be
transferred without consideration to the administrative jurisdiction of
the Secretary for use by him in carrying out the provisions of sections
459b to 459b-8 of this title.
(b) Use of funds; fair market value
The Secretary is authorized (1) to use donated and appropriated
funds in making acquisitions under sections 459b to 459b-8 of this
title, and (2) to pay therefor not more than the fair market value of
any acquisitions which he makes by purchase under sections 459b to 459b-
8 of this title.
(c) Exchange of property; cash equalization payments; reports to
Congress
In exercising his authority to acquire property by exchange, the
Secretary may accept title to any non-Federal property located within
such area and convey to the grantor of such property any federally owned
property under the jurisdiction of the Secretary within such area. The
properties so exchanged shall be approximately equal in fair market
value: Provided, That the Secretary may accept cash from or pay cash to
the grantor in such an exchange in order to equalize the values of the
properties exchanged.
The Secretary shall report to the Congress on every exchange carried
out under authority of sections 459b to 459b-8 of this title within
thirty days from its consummation, and each such report shall include a
statement of the fair market values of the properties involved and of
any cash equalization payment made or received.
(d) Exchange of property; addition to Cape Cod National Seashore
The Secretary may convey to the town of Provincetown, Massachusetts,
a parcel of real property consisting of approximately 7.62 acres of
Federal land within such area in exchange for approximately 11.157 acres
of land outside of such area, as depicted on the map entitled ``Cape Cod
National Seashore Boundary Revision Map'', dated May, 1997, and numbered
609/80,801, to allow for the establishment of a municipal facility to
serve the town that is restricted to solid waste transfer and recycling
facilities and for other municipal activities that are compatible with
National Park Service laws and regulations. Upon completion of the
exchange, the Secretary shall modify the boundary of the Cape Cod
National Seashore to include the land that has been added.
(e) ``Fair market value'' defined; appraisal
As used in sections 459b to 459b-8 of this title the term ``fair
market value'' shall mean the fair market value as determined by the
Secretary, who may in his discretion base his determination on an
independent appraisal obtained by him.
(Pub. L. 87-126, Sec. 2, Aug. 7, 1961, 75 Stat. 287; Pub. L. 105-280,
Sec. 1(a), Oct. 26, 1998, 112 Stat. 2694.)
Amendments
1998--Subsecs. (d), (e). Pub. L. 105-280 added subsec. (d) and
redesignated former subsec. (d) as (e).
Section Referred to in Other Sections
This section is referred to in sections 459b-2 to 459b-8 of this
title.
