§ 459g-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: 16USC459g-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459g-1. Acquisition of property
(a) Transfer from Federal agency to administrative jurisdiction of
Secretary; non-Federal lands
Notwithstanding any other provision of law, Federal property located
within the boundaries of the Cape Lookout National Seashore may, with
the concurrence of the agency having custody thereof, be transferred to
the administrative jurisdiction of the Secretary of the Interior for the
purposes of the seashore. Such transfer shall be made without transfer
of funds. Lands owned by the State of North Carolina or any political
subdivision thereof may be acquired only by donation, but the Secretary
may, subject to the provisions of section 459g-6 of this title, acquire
any other non-Federal lands, marshlands, waters, or interests therein
which are located within the boundaries of the seashore by donation,
purchase with donated or appropriated funds, or exchange.
Notwithstanding any other provision of law, the Secretary may accept any
lands donated by the State of North Carolina subject to a provision for
reversion to the State conditioned upon continued use of the property
for national seashore purposes. Land donated by the State of North
Carolina pursuant to this subsection shall constitute consideration for
the transfer by the United States of 1.5 acres of land that is to be
used as a site for a public health facility in the village of Hatteras,
Dare County, North Carolina.
(b) Exchange of property; cash equalization payments
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 in
the State of North Carolina under his jurisdiction which he classifies
as proper for exchange or other disposition. Failing to effectuate an
exchange of properties of approximately equal fair market value, 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.
(c) Owner's reservation of right of use and occupancy for residential
purposes for life or fixed term of years; exclusion of property
necessary for public use and access; election of term
Any person who on January 1, 1966, owned property which on July 1,
1963, was developed and used for noncommercial residential purposes may
reserve for himself and his assigns, as a condition to the purchase or
acquisition by exchange of such property by the Secretary, a right of
use and occupancy of the residence and not in excess of three acres of
land on which the residence is situated, for noncommercial residential
purposes for a term ending at the death of the owner, or the death of
his spouse, or the death of either of them, or, in lieu thereof, for a
definite term not to exceed twenty-five years: Provided, That the
Secretary may exclude from such reserved property any marsh, beach, or
waters, together with so much of the land adjoining such marsh, beach,
or waters as he deems necessary for public access thereto. The owner
shall elect the term of the right to be reserved. The Secretary is
authorized to accept donations of property for purposes of the seashore
in which a right of use and occupancy for noncommercial residential
purposes is reserved for the period stated in this subsection if the
land on which the residence is situated and to which the right attaches
is not in excess of three acres and there is excluded from the reserved
property such marsh, beach, or waters and adjoining land as the
Secretary deems necessary for public use and access thereto.
(d) Termination of use and occupancy inconsistent with statutory
purposes and upon tender of sum for unexpired right
A right of use and occupancy reserved in lands that are donated or
otherwise acquired pursuant to this section shall be subject to
termination by the Secretary upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of sections 459g to 459g-7 of this title and upon tender to the
holder of the right of an amount equal to the fair market value of that
portion of the right which remains unexpired on the date of termination.
(e) Administrative site; landing dock and related approach or access
facilities
The Secretary of the Interior is authorized to purchase with donated
or appropriated funds, or acquire by exchange, not to exceed one hundred
acres of lands or interests in lands at or near Beaufort, North
Carolina, as an administrative site, and for a landing dock and related
facilities that may be used to provide a suitable approach or access to
the seashore.
(Pub. L. 89-366, Sec. 2, Mar. 10, 1966, 80 Stat. 34; Pub. L. 93-477,
title IV, Sec. 406(2), Oct. 26, 1974, 88 Stat. 1448.)
Amendments
1974--Subsec. (a). Pub. L. 93-477 substituted provisions relating to
acquisition by donation of lands owned by the State of North Carolina
and acquisition by donation, purchase or exchange of non-Federal lands,
marshlands, etc., and acceptance of lands donated by North Carolina, for
provisions relating to acquisition of non-Federal lands, marshlands,
etc., by donation only and acquisition by exchange lands comprising the
Shackleford Banks.
Section Referred to in Other Sections
This section is referred to in sections 459g-2, 459g-4, 459g-5,
459g-7 of this title.
