§ 459h-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: 16USC459h-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459h-1. Acquisition of property
(a) Authority of Secretary; concurrence of State owner; administrative
site and related facilities; transfer from Federal agency to
administrative jurisdiction of Secretary
Within the boundaries of the seashore, the Secretary may acquire
submerged land, land, waters, and interests therein by donation,
purchase with donated or appropriated funds, or exchange, except that
property owned by a State or any political subdivision thereof may be
acquired only with the consent of the owner. The Secretary may acquire
by any of the above methods not more than four hundred acres of land or
interests therein outside of the seashore boundaries on the mainland in
the vicinity of Biloxi-Gulfport, Mississippi, for an administrative site
and related facilities for access to the seashore. With the concurrence
of the agency having custody thereof, any Federal property within the
seashore and mainland site may be transferred without consideration to
the administrative jurisdiction of the Secretary for the purposes of the
seashore.
(b) Improved residential property owner's reservation of right of use
and occupancy for residential purposes for life or fixed term of
years; election by owner; transfer or assignment of right;
adjustment of compensation
With respect to improved residential property acquired for the
purposes of sections 459h to 459h-10 of this title, which is
beneficially owned by a natural person and which the Secretary of the
Interior determines can be continued in that use for a limited period of
time without undue interference with the administration, development, or
public use of the seashore, the owner thereof may on the date of its
acquisition by the Secretary retain a right of use and occupancy of the
property for noncommercial residential purposes for a term, as the owner
may elect, ending either (1) at the death of the owner or his spouse,
whichever occurs later, or (2) not more than twenty-five years from the
date of acquisition. Any right so retained may during its existence be
transferred or assigned. The Secretary shall pay to the owner the fair
market value of the property on the date of such acquisition, less their
fair market value on such date of the right retained by the owner.
(c) ``Improved residential property'' defined
As used in sections 459h to 459h-10 of this title, ``improved
residential property'' means a single-family year-round dwelling, the
construction of which began before January 1, 1967, and which serves as
the owner's permanent place of abode at the time of its acquisition by
the United States, together with not more than three acres of land on
which the dwelling and appurtenant buildings are located that the
Secretary finds is reasonably necessary for the owner's continued use
and occupancy of the dwelling: Provided, That the Secretary may exclude
from improved residential property any marsh, beach, or waters and
adjoining land that the Secretary deems is necessary for public access
to such marsh, beach, or waters.
(d) Termination of use and occupancy inconsistent with statutory
purposes and upon tender of sum for unexpired right
The Secretary may terminate a right of use and occupancy retained
pursuant to this section upon his determination that such use and
occupancy is being exercised in a manner not consistent with the
purposes of sections 459h to 459h-10 of this title, and upon tender to
the holder of the right an amount equal to the fair market value of that
portion of the right which remains unexpired on the date of termination.
(e) Acquisition authority
(1) In general
The Secretary may acquire, from a willing seller only--
(A) all land comprising the parcel described in subsection
(b)(3) \1\ that is above the mean line of ordinary high tide,
lying and being situated in Harrison County, Mississippi;
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\1\ See References in Text note below.
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(B) an easement over the approximately 150-acre parcel
depicted as the ``Boddie Family Tract'' on the Cat Island Map
for the purpose of implementing an agreement with the owners of
the parcel concerning the development and use of the parcel; and
(C)(i) land and interests in land on Cat Island outside the
2,000-acre area depicted on the Cat Island Map; and
(ii) submerged land that lies within 1 mile seaward of Cat
Island (referred to in sections 459h to 459h-10 of this title
\1\ as the ``buffer zone''), except that submerged land owned by
the State of Mississippi (or a subdivision of the State) may be
acquired only by donation.
(2) Administration
(A) In general
Land and interests in land acquired under this subsection
shall be administered by the Secretary, acting through the
Director of the National Park Service.
(B) Buffer zone
Nothing in sections 459h to 459h-10 of this title \1\ or any
other provision of law shall require the State of Mississippi to
convey to the Secretary any right, title, or interest in or to
the buffer zone as a condition for the establishment of the
buffer zone.
(3) Modification of boundary
The boundary of the seashore shall be modified to reflect the
acquisition of land under this subsection only after completion of
the acquisition.
(Pub. L. 91-660, Sec. 2, Jan. 8, 1971, 84 Stat. 1967; Pub. L. 92-275,
Sec. 1(1), Apr. 20, 1972, 86 Stat. 123; Pub. L. 106-554, Sec. 1(a)(4)
[div. B, title I, Sec. 137(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-
231.)
References in Text
Subsection (b)(3), referred to in subsec. (e)(1)(A), probably means
subsection (b)(3) of section 459h of this title. Subsection (b) of this
section does not contain a par. (3).
Sections 459h to 459h-10 of this title, referred to in subsec.
(e)(1)(C)(ii), (2)(B), was in the original ``this title'', and was
translated as reading ``this Act'', meaning Pub. L. 91-660, which
enacted sections 459h to 459h-10 of this title, to reflect the probable
intent of Congress, because Pub. L. 91-660 does not contain titles.
Amendments
2000--Subsec. (a). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 137(b)(1)], substituted ``submerged land, land,'' for ``lands,'' in
first sentence.
Subsec. (e). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I,
Sec. 137(b)(2)], added subsec. (e).
1972--Subsec. (a). Pub. L. 92-275 increased amount of property
authorized to be acquired from one hundred thirty-five to four hundred
acres.
Section Referred to in Other Sections
This section is referred to in sections 459h, 459h-2, 459h-4, 459h-
5, 459h-6, 459h-8, 459h-9 of this title.
