§ 459c-2. — 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: 16USC459c-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459c-2. Acquisition of property
(a) Authority of Secretary; manner and place; concurrence of State
owner; transfer from Federal agency to administrative
jurisdiction of Secretary; liability of United States under
contracts contingent on appropriations
The Secretary is authorized to acquire, and it is the intent of
Congress that he shall acquire as rapidly as appropriated funds become
available for this purpose or as such acquisition can be accomplished by
donation or with donated funds or by transfer, exchange, or otherwise
the lands, waters, and other property, and improvements thereon and any
interest therein, within the areas described in section 459c-1 of this
title or which lie within the boundaries of the seashore as established
under section 459c-4 of this title (hereinafter referred to as ``such
area''). Any property, or interest therein, owned by a State or
political subdivision thereof 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 459c to 459c-7 of this title. In
exercising his authority to acquire property in accordance with the
provisions of this subsection, the Secretary may enter into contracts
requiring the expenditure, when appropriated, of funds authorized by
section 459c-7 of this title, but the liability of the United States
under any such contract shall be contingent on the appropriation of
funds sufficient to fulfill the obligations thereby incurred.
(b) Payment for acquisition; fair market value
The Secretary is authorized to pay for any acquisitions which he
makes by purchase under sections 459c to 459c-7 of this title their fair
market value, as determined by the Secretary, who may in his discretion
base his determination on an independent appraisal obtained by him.
(c) Exchange of property; cash equalization payments
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 California and
adjacent States, notwithstanding any other provision of law. 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.
(Pub. L. 87-657, Sec. 3, Sept. 13, 1962, 76 Stat. 539; Pub. L. 91-223,
Sec. 2(a), Apr. 3, 1970, 84 Stat. 90.)
Amendments
1970--Pub. L. 91-223 substituted introductory ``The'' for ``Except
as provided in section 459c-3 of this title, the''.
Section Referred to in Other Sections
This section is referred to in sections 459c-4, 459c-5, 459c-6,
459c-6b, 459c-7 of this title.
