§ 459d-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: 16USC459d-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459d-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 the
``Secretary'') is authorized to acquire by donation, purchase with
donated or appropriated funds, condemnation, transfer from any Federal
agency, exchange, or otherwise, the land, waters, and other property,
and improvements thereon and any interest therein, within the areas
described in section 459d of this title or which lie within the
boundaries of the seashore as established under section 459d-2 of this
title (hereinafter referred to as ``such area''). Any property, or
interest therein, owned by the State of Texas 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 459d to 459d-7 of this title.
(b) Fair market value; appraisal
The Secretary is authorized to pay for any acquisitions which he
makes by purchase under sections 459d to 459d-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 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.
(Pub. L. 87-712, Sec. 2, Sept. 28, 1962, 76 Stat. 650.)
Revision of Boundaries; Addition and Deletion of Acreage
Pub. L. 94-578, title I, Sec. 101(13), Oct. 21, 1976, 90 Stat. 2733,
as amended Pub. L. 96-199, title I, Sec. 111, Mar. 5, 1980, 94 Stat. 70,
provided in part that: ``The Secretary of the Interior is authorized to
revise the boundary of the seashore [Padre Island National Seashore,
Texas] to add approximately two hundred and seventy-four acres and to
delete approximately two thousand acres, and sections 302 and 303 of the
Act of April 11, 1972 (86 Stat. 120, 121) [Pub. L. 92-272, which
sections were not classified to the Code], shall apply to the boundary
revision authorized herein.''
Section Referred to in Other Sections
This section is referred to in sections 459d-2, 459d-4, 459d-6,
459d-7 of this title.
