§ 459f-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: 16USC459f-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459f-1. Acquisition of property
(a) Authority of Secretary; manner and place; fair market value;
concurrence of State owner; transfer from Federal agency to
administrative jurisdiction of Secretary
Within the boundaries of the seashore, the Secretary of the Interior
(hereinafter referred to as the ``Secretary'') is authorized to acquire
lands, waters, and other property, or any interest therein, by donation,
purchase with donated or appropriated funds, exchange, or in such other
method as he may find to be in the public interest. The Secretary is
authorized to include within the boundaries of the seashore, not to
exceed 112 acres of land or interests therein on the mainland in
Worcester County, Maryland. In the case of acquisition by negotiated
purchase, the property owners shall be paid the fair market value by the
Secretary. Any property or interests therein owned by the States of
Maryland or Virginia shall be acquired only with the concurrence of such
owner. Notwithstanding any other provision of law, any Federal property
located within the boundaries of the seashore may, with the concurrence
of the agency having custody thereof, be transferred without
consideration to the administrative jurisdiction of the Secretary for
purposes of the seashore.
(b) Exchange of property; cash equalization payments; scenic easement
donation
When acquiring lands by exchange, the Secretary may accept title to
any non-Federal property within the boundaries of the seashore and
convey to the grantor of such property any federally owned property
under the jurisdiction of the Secretary which the Secretary classifies
suitable for exchange or other disposal, and which is located in
Maryland or Virginia. The properties so exchanged shall be approximately
equal in fair market value, but the Secretary may accept cash from or
pay cash to the grantor in order to equalize the values of the
properties exchanged. Notwithstanding the acreage limitation set forth
in sections 459f to 459f-11 of this title, the Secretary is authorized
to accept the donation of a scenic easement covering the parcel of land
adjacent to the seashore and known as the ``Woodcock Property''.
(c) Bridge acquisition; amount of compensation; payment terms and
conditions
The Secretary is authorized to acquire all of the right, title, or
interest of the Chincoteague-Assateague Bridge and Beach Authority, a
political subdivision of the State of Virginia, in the bridge
constructed by such authority across the Assateague Channel, together
with all lands or interests therein, roads, parking lots, buildings, or
other real or personal property of such authority, and to compensate the
authority in such amount as will permit it to meet its valid outstanding
obligations at the time of such acquisition. Payments by the Secretary
shall be on such terms and conditions as he shall consider to be in the
public interest. Any of the aforesaid property outside the boundaries of
the national seashore, upon acquisition by the Secretary, shall be
subject to his administration for purposes of the seashore.
(d) Owner's reservation of right of use and occupancy for residential or
hunting purposes for term of years; adjustment of compensation;
rules and regulations for appearance of buildings; ``improved
property'' defined
Owners of improved property acquired by the Secretary may reserve
for themselves and their successors or assigns a right of use and
occupancy of the improved property for noncommercial residential
purposes or for hunting purposes, as hereinafter provided, for a term
that is not more than twenty-five years. In such cases, the Secretary
shall pay to the owner of the property the fair market value thereof
less the fair market value of the right retained by such owner:
Provided, That such use and occupancy shall be subject to general rules
and regulations established by the Secretary with respect to the outward
appearance of any buildings on the lands involved. The term ``improved
property'' as used in sections 459f to 459f-11 of this title shall mean
(1) any single-family residence the construction of which was begun
before January 1, 1964, and such amount of land, not in excess of three
acres, on which the building is situated as the Secretary considers
reasonably necessary to the noncommercial residential use of the
building, and (2) any property fronting on the Chincoteague Bay or
Sinepuxent Bay, including the offshore bay islands adjacent thereto,
that is used chiefly for hunting and continues in such use: Provided,
That the Secretary may exclude from improved properties any marsh,
beach, or waters, together with so much of the land adjoining such
marsh, beach, or waters as he deems necessary for public use or public
access thereto.
(Pub. L. 89-195, Sec. 2, Sept. 21, 1965, 79 Stat. 824; Pub. L. 101-512,
title I, Nov. 5, 1990, 104 Stat. 1924; Pub. L. 102-320, Sec. 1(1)-(4),
July 10, 1992, 106 Stat. 321.)
Amendments
1992--Subsec. (a). Pub. L. 102-320, Sec. 1(1), (2), amended second
and last sentences generally, substituting reference to 112 acres for
reference to sixteen acres for an administrative site in second sentence
and striking out reference in last sentence to sixteen acres of Federal
property on the mainland in Worcester County, Maryland.
Subsec. (b). Pub. L. 102-320, Sec. 1(3), (4), amended first sentence
generally, striking out reference to not more than sixteen acres of non-
Federal property on the mainland in Worcester County, Maryland, and
inserted at end ``Notwithstanding the acreage limitation set forth in
sections 459f to 459f-11 of this title, the Secretary is authorized to
accept the donation of a scenic easement covering the parcel of land
adjacent to the seashore and known as the `Woodcock Property'.''
1990--Subsecs. (a), (b). Pub. L. 101-512 substituted ``sixteen
acres'' for ``ten acres'' wherever appearing.
Section Referred to in Other Sections
This section is referred to in sections 459f, 459f-2, 459f-4, 459f-
5, 459f-7, 459f-10 of this title.
