§ 460aaa-3. — Acquisition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460aaa-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII--GRAND ISLAND NATIONAL RECREATION AREA
Sec. 460aaa-3. Acquisition
(a) General authority
Subject to the provisions of section 460aaa-2(b)(8) of this title
and subsection (b) of this section, the Secretary is authorized and
directed to acquire by purchase, gift, exchange, or otherwise, lands,
waters, structures, or interests therein, including scenic or other
easements, within the boundaries of the national recreation area to
further the purposes of this subchapter: Provided, That the Secretary
may not acquire any privately owned lands within the national recreation
area other than with the consent of the owner so long as the owner
agrees to the restrictions contained in subsection (b)(1) of this
section and grants the Secretary a right of first refusal as provided in
subsection (b)(2) of this section. The Secretary also is authorized and
directed to acquire lands or structures by such means on the mainland to
the extent necessary for access to and administrative facilities for the
national recreation area. In acquiring lands or structures under this
subsection, the Secretary is directed to give prompt and careful
consideration to any offer to sell land or structures made by an
individual, organization, or any legal entity owning property within the
boundaries of the national recreation area.
(b) Private lands
(1) An owner of unimproved real property within the national
recreation area may construct recreational residences that are
architecturally compatible with other structures within the national
recreation area, as described by the management plan developed pursuant
to section 460aaa-6 of this title.
(2) Any privately owned lands, interests in lands, or structures
within the national recreation area shall not be disposed of by
donation, exchange, sale, or other conveyance without first being
offered at no more than fair market value to the Secretary. The
Secretary shall be given a period of 120 days to accept an offer and,
after such offer is accepted, a period of 45 days after the end of the
fiscal year following the fiscal year in which the offer was accepted to
acquire such lands, interests in lands, or structures. No such lands,
interests in lands, or structures shall be sold or conveyed at a price
below the price at which they have been offered for sale to the
Secretary, and if such lands, interest in lands, or structures are
reoffered for sale or conveyance they shall first be reoffered to the
Secretary, except that this subsection shall not apply to a change in
ownership of a property within the immediate family of the owner of
record on January 1, 1989. For the purposes of this subsection, the term
``immediate family'' means, with respect to any such owner of record,
the spouse, siblings, children (whether natural or adopted),
stepchildren, and lineal descendants of that owner.
(Pub. L. 101-292, Sec. 4, May 17, 1990, 104 Stat. 187.)
