§ 460bb-2. — Acquisition policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460bb-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXVI--GOLDEN GATE NATIONAL RECREATION AREA
Sec. 460bb-2. Acquisition policy
(a) Authority of Secretary; exchange of property; disposal of certain
lands; transfer from Federal agency to administrative
jurisdiction of Secretary; facilities and improvements under
permit from Secretary of the Army
Within the boundaries of the recreation area, the Secretary may
acquire lands, improvements, waters, or interests therein, by donation,
purchase, exchange or transfer. Any lands, or interests therein, owned
by the State of California or any political subdivision thereof, may be
acquired only by donation. When any tract of land is only partly within
such boundaries, the Secretary may acquire all or any portion of the
land outside of such boundaries in order to minimize the payment of
severance costs. Land so acquired outside of the boundaries may be
exchanged by the Secretary for non-Federal lands within the boundaries.
Any portion of land acquired outside the boundaries and not utilized for
exchange shall be reported to the General Services Administration for
disposal under the Federal Property and Administrative Services Act of
1949, as amended: Provided, That no disposal shall be for less than fair
market value. Except as hereinafter provided, Federal property within
the boundaries of the recreation area is hereby transferred without
consideration to the administrative jurisdiction of the Secretary for
the purposes of this subchapter, subject to the continuation of such
existing uses as may be agreed upon between the Secretary and the head
of the agency formerly having jurisdiction over the property.
Notwithstanding any other provision of law, the Secretary may develop
and administer for the purposes of this subchapter structures or other
improvements and facilities on lands for which he receives a permit of
use and occupancy from the Secretary of the Army.
(b) Transfer of certain properties to administrative jurisdiction of
Secretary; military properties, reservation of use and occupancy
by Secretary of the Army; radio receiver station, retention of
jurisdiction when not superfluous
Fort Cronkhite, Fort Barry, and the westerly one-half of Fort Baker,
in Marin County, California, as depicted on the map entitled ``Golden
Gate Military Properties'' numbered NRAGG-20,002 and dated January 1972,
which shall be on file and available for public inspection in the
offices of the National Park Service, are hereby transferred to the
jurisdiction of the Secretary for purposes of this subchapter, subject
to continued use and occupancy by the Secretary of the Army of those
lands needed for existing air defense missions, reserve activities and
family housing, until he determines that such requirements no longer
exist. The Coast Guard Radio Receiver Station, shall remain under the
jurisdiction of the Secretary of the Department in which the Coast Guard
is operating. When this station is determined to be excess to the needs
of the Coast Guard, it shall be transferred to the jurisdiction of the
Secretary for purposes of this subchapter.
(c) Military property; public service facilities: construction,
maintenance, and determinations of identity and location by
Secretary of the Army
The easterly one-half of Fort Baker in Marin County, California,
shall remain under the jurisdiction of the Department of the Army. When
this property is determined by the Department of Defense to be excess to
its needs, it shall be transferred to the jurisdiction of the Secretary
for purposes of this subchapter. The Secretary of the Army shall grant
to the Secretary reasonable public access through such property to
Horseshoe Bay, together with the right to construct and maintain such
public service facilities as are necessary for the purposes of this
subchapter. The precise facilities and location thereof shall be
determined between the Secretary and the Secretary of the Army.
(d) Presidio of San Francisco; use and occupation of certain acreage by
Secretary
Upon enactment, the Secretary of the Army shall grant to the
Secretary the irrevocable use and occupancy of one hundred acres of the
Baker Beach area of the Presidio of San Francisco, as depicted on the
map referred to in subsection (b) of this section.
(e) Use and occupancy of airfield acreage by Secretary
The Secretary of the Army shall grant to the Secretary within a
reasonable time, the irrevocable use and occupancy of forty-five acres
of the Crissy Army Airfield of the Presidio, as depicted on the map
referred to in subsection (b) of this section.
(f) Transfer of remainder to administrative jurisdiction of Secretary;
use and occupancy by Coast Guard under permit from Secretary
When all or any substantial portion of the remainder of the Presidio
is determined by the Department of Defense to be excess to its needs,
such lands shall be transferred to the jurisdiction of the Secretary for
purposes of this subchapter. The Secretary shall grant a permit for
continued use and occupancy for that portion of said Fort Point Coast
Guard Station necessary for activities of the Coast Guard.
(g) Transfer of certain Coast Guard properties to administrative
jurisdiction of Secretary; navigational aids: maintenance and
operation by Coast Guard and plans for access to new
installations
Point Bonita, Point Diablo, Point Montara, and Lime Point shall
remain under the jurisdiction of the Secretary of the Department in
which the Coast Guard is operating. When this property is determined to
be excess to the needs of the Coast Guard, it shall be transferred to
the jurisdiction of the Secretary for purposes of this subchapter. The
Coast Guard may continue to maintain and operate existing navigational
aids: Provided, That access to such navigational aids and the
installation of necessary new navigational aids within the recreation
area shall be undertaken in accordance with plans which are mutually
acceptable to the Secretary and the Secretary of the Department in which
the Coast Guard is operating and which are consistent with both the
purposes of this subchapter and the purpose of existing statutes dealing
with establishment, maintenance, and operation of navigational aids.
(h) Transfer of certain property of Navy Department to administrative
jurisdiction of Secretary
That portion of Fort Miley comprising approximately one and seven-
tenths acres of land presently used and required by the Secretary of the
Navy for its inshore, underseas warfare installations shall remain under
the administrative jurisdiction of the Department of the Navy until such
time as all or any portion thereof is determined by the Department of
Defense to be excess to its needs, at which time such excess portion
shall be transferred to the administrative jurisdiction of the Secretary
for purposes of this subchapter. That property known as the Pillar Point
Military Reservation, under the jurisdiction of the Secretary of Defense
shall be transferred to the administrative jurisdiction of the Secretary
at such time as the property, or any portion thereof, becomes excess to
the needs of the Department of Defense.
(i) New construction; limitation; notice and public hearing; exceptions
New construction and development within the boundaries described in
section 460bb-1(a) of this title on lands under the administrative
jurisdiction of a department other than that of the Secretary is
prohibited, except that improvements on lands which have not been
transferred to his administrative jurisdiction may be reconstructed or
demolished. Any such structure which is demolished may be replaced with
an improvement of similar size, following consultation with the
Secretary or his designated representative, who shall conduct a public
hearing at a location in the general vicinity of the area, notice of
which shall be given at least one week prior to the date thereof. The
foregoing limitation on construction and development shall not apply to
expansion of those facilities known as Letterman General Hospital or the
Western Medical Institute of Research.
(j) Owner's reservation of right of use and occupancy for residential
purposes for fixed term of years or for life; election by owner;
adjustment of compensation; termination of use and occupancy
inconsistent with statutory purposes and upon tender of sum for
unexpired right; lease of Federal lands: restrictive covenants,
offer to prior owner or leaseholder
The owner of improved residential property or of agricultural
property on the date of its acquisition by the Secretary under this
subchapter may, as a condition of such acquisition, retain for himself
and his or her heirs and assigns a right of use and occupancy for a
definite term of not more than twenty-five years, or, in lieu thereof,
for a term ending at the death of the owner or the death of his or her
spouse, whichever is later. The owner shall elect the term to be
reserved. Unless the property is wholly or partly donated to the United
States, the Secretary shall pay to the owner the fair market value of
the property on the date of acquisition minus the fair market value on
that date of the right retained by the owner. A right retained pursuant
to this section shall be subject to termination by the Secretary upon
his or her determination that it is being exercised in a manner
inconsistent with the purposes of this subchapter, and it shall
terminate by operation of law upon the Secretary's notifying the holder
of the right of such determination and tendering to him or her an amount
equal to the fair market value of that portion of the right which
remains unexpired. Where appropriate in the discretion of the Secretary,
he or she may lease federally owned land (or any interest therein) which
has been acquired by the Secretary under this subchapter, and which was
agricultural land prior to its acquisition. Such lease shall be subject
to such restrictive covenants as may be necessary to carry out the
purposes of this subchapter. Any land to be leased by the Secretary
under this section shall be offered first for such lease to the person
who owned such land or who was a leaseholder thereon immediately before
its acquisition by the United States.
(k) ``Improved and agricultural property'' defined
The term ``improved property'', as used in subsection (j) of this
section, means a detached, noncommercial residential dwelling, the
construction of which was begun before June 1, 1971, or, in the case of
areas added by action of the Ninety-fifth Congress, October 1, 1978,
together with so much of the land on which the dwelling is situated, the
said land being in the same ownership as dwelling, as the Secretary
shall designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use, together
with any structures accessory to the dwelling which are situated on the
land so designated. The term ``agricultural property'' as used in this
subchapter means lands which are in regular use for agricultural,
ranching, or dairying purposes as of January 1, 1978, together with
residential and other structures related to the above uses of the
property as such structures exist on said date.
(l) Relocation assistance benefits and rights; waiver through retention
of right of use and occupancy; displaced person status of owner
Whenever an owner of property elects to retain a right of use and
occupancy as provided for in this subchapter, such owner shall be deemed
to have waived any benefits or rights accruing under sections 4623,
4624, 4625, and 4626 of title 42, and for the purposes of those sections
such owner shall not be considered a displaced person as defined in
section 4601(6) of title 42.
(m) Acquisition of land; contract authority; installment payments;
interest rate; provisions applicable to judgments against United
States
Notwithstanding any other provision of law, the Secretary shall have
the same authority with respect to contracts for the acquisition of land
and interests in land for the purposes of this subchapter as was given
the Secretary of the Treasury for other land acquisitions by section
3171 of title 40 relating to purchase of sites for public buildings, and
the Secretary and the owner of land to be acquired under this subchapter
may agree that the purchase price will be paid in periodic installments
over a period that does not exceed ten years, with interest on the
unpaid balance thereof at a rate which is not in excess of the current
average market yield on outstanding marketable obligations of the United
States with remaining periods to maturity comparable to the average
maturities on the installments. Judgments against the United States for
amounts in excess of the deposit in court made in condemnation actions
shall be subject to the provisions of section 1304 of title 31 and
sections 2414 and 2517 of title 28.
(n) Management of State donated lands
The Secretary shall accept and shall manage in accordance with this
subchapter, any land and improvements adjacent to the recreation area
which are donated by the State of California or its political
subdivisions. The boundaries of the recreation area shall be changed to
include such donated lands.
(o) Payment deferral; scheduling; interest rate
In acquiring those lands authorized by the Ninety-fifth Congress for
the purposes of this subchapter, the Secretary may, when agreed upon by
the landowner involved, defer payment or schedule payments over a period
of ten years and pay interest on the unpaid balance at a rate not
exceeding that paid by the Treasury of the United States for borrowing
purposes.
(p) San Francisco water department property; scenic and recreational
easement
With reference to those lands known as the San Francisco water
department property shown on map numbered NRA GG-80,000-A, the Secretary
shall administer such land in accordance with the provisions of the
documents entitled ``Grant of Scenic Easement'', and ``Grant of Scenic
and Recreational Easement'', both executed on January 15, 1969, between
the city and county of San Francisco and the United States, including
such amendments to the subject document as may be agreed to by the
affected parties subsequent to December 28, 1980. The Secretary is
authorized to seek appropriate agreements needed to establish a trail
within this property and connecting with a suitable beach unit under the
jurisdiction of the Secretary.
(Pub. L. 92-589, Sec. 3, Oct. 27, 1972, 86 Stat. 1299; Pub. L. 95-625,
title III, Sec. 317(b)-(e), Nov. 10, 1978, 92 Stat. 3485; Pub. L. 96-
607, title X, Sec. 1001(3)-(5), Dec. 28, 1980, 94 Stat. 3544.)
References in Text
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of
Title 41, Public Contracts, the Act was repealed and reenacted by Pub.
L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
chapters 1 to 11 of Title 40, Public Buildings, Property, and Works.
Upon enactment, referred to in subsec. (d), probably means the date
of enactment of this subchapter by Pub. L. 92-589, which was Oct. 27,
1972.
Codification
``Section 3171 of title 40 relating to purchase of sites for public
buildings'' substituted in subsec. (m) for ``section 34 of the Act of
May 30, 1908, relating to purchase of sites for public buildings (35
Stat. 545)'' on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,
116 Stat. 1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
In subsec. (m), ``section 1304 of title 31'' substituted for ``the
Act of July 27, 1956 (70 Stat. 624) [31 U.S.C. 724a]'' on authority of
Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
section of which enacted Title 31, Money and Finance.
Amendments
1980--Subsec. (g). Pub. L. 96-607, Sec. 1001(3), inserted reference
to Point Montara.
Subsec. (h). Pub. L. 96-607, Sec. 1001(4), transferred to the
jurisdiction of the Secretary the Pillar Point Military Reservation at
such time as the property, or any portion thereof, becomes excess to the
needs of the Department of Defense.
Subsec. (p). Pub. L. 96-607, Sec. 1001(5), added subsec. (p).
1978--Subsec. (i). Pub. L. 95-625, Sec. 317(b), in revising the
text, substituted provision prohibiting new construction and development
in the recreation area on lands under the administrative jurisdiction of
a department other than that of the Secretary but authorized
reconstruction or demolition of improvements upon the nontransferred
lands of such agency after consultations with the Secretary and upon
notice and hearing for prior provision limited to new construction and
development on property under administrative jurisdiction of the
Department of the Army required to accommodate facilities being
relocated from property being transferred to administrative jurisdiction
of the Secretary or directly related to the essential missions of the
Sixth United States Army.
Subsec. (j). Pub. L. 95-625, Sec. 317(c), substituted provision
making the subsection applicable to improved residential property and
agricultural property for prior provision for application to improved
property of a noncommercial residential nature and authorized lease of
Federally-owned lands, subject to restrictive covenants, with first
offer to prior owner or leaseholder.
Subsec. (k). Pub. L. 95-625, Sec. 317(d), defined ``improved
property'' to include residential dwelling, the construction of which
was begun, in the case of areas added by action of the Ninety-fifth
Congress, October 1, 1978, and included definition of ``agricultural
property''.
Subsecs. (n), (o). Pub. L. 95-625, Sec. 317(e), added subsecs. (n)
and (o).
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
