§ 460ff-1. — Acquisition of land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460ff-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XC--CUYAHOGA VALLEY NATIONAL PARK
Sec. 460ff-1. Acquisition of land
(a) Composition and boundaries; boundary revisions; certain specific
property
The park shall comprise the lands and waters generally depicted on
the map entitled ``Boundary Map, Cuyahoga Valley National Park, Ohio'',
numbered 644-80,054 and dated July 1986, which shall be on file and
available for inspection in the offices of the National Park Service,
Department of the Interior, Washington, District of Columbia, and in the
main public library of Akron, Ohio, and Cleveland, Ohio. After advising
the Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, in
writing, the Secretary may make minor revisions of the boundaries of the
park when necessary by publication of a revised drawing or other
boundary description in the Federal Register: Provided, That with
respect to the property known as the Hydraulic Brick Company located in
Independence, Ohio, the Secretary shall have the first right of refusal
to purchase such property for a purchase price not exceeding the fair
market value of such property on the date it is offered for sale. When
acquired such property shall be administered as part of the park,
subject to the laws and regulations applicable thereto. The park shall
also comprise any lands designated as ``City of Akron Lands'' on the map
referred to in the first sentence which are offered as donations to the
Department of the Interior or which become privately owned. The
Secretary shall revise such map to depict such lands as part of the
park.
(b) Manner of acquisition; scenic easements; donation of State lands;
private lands essential to area; transfer of Federal property to
Secretary
Within the boundaries of the park, the Secretary, after consultation
with the Governor of the State of Ohio and the Advisory Commission
established in section 460ff-4 \1\ of this title, may acquire lands,
improvements, waters, or interests therein by donation, purchase with
donated or appropriated funds, exchange, or transfer. The Secretary may
not acquire fee title to any lands included within the park in 1986
which are designated on the map referred to in subsection (a) of this
section as ``Scenic Easement Acquisition Areas''. The Secretary may
acquire only scenic easements in such designated lands. Unless consented
to by the owner from which the easement is acquired, any such scenic
easement may not prohibit any activity, the subdivision of any land, or
the construction of any building or other facility if such activity,
subdivision, or construction would have been permitted under laws and
ordinances of the unit of local government in which such land was
located on April 1, 1986, as such laws and ordinances were in effect on
such date. Any lands or interests owned therein, as well as any lands
hereafter acquired, by the State of Ohio or any political subdivision
thereof (including any park district or other public entity) within the
boundaries of the park may be acquired only by donation or exchange for
equal value. In determining the exchange value of lands of the State or
any political subdivision thereof under this subsection, the Secretary
shall not include in the value of those lands amounts paid from the land
and water conservation fund, if any, for the original acquisition of
those lands by the State or political subdivision. The Secretary shall
not acquire privately owned lands which are held and used for public
recreation uses unless he determines that such lands are essential to
carry out the purposes of this subchapter. Notwithstanding any other
provisions of law, any Federal property located within the boundaries of
the park may, with the concurrence of the agency having custody thereof,
be transferred without transfer of funds to the administrative
jurisdiction of the Secretary for the purposes of the park.
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\1\ See References in Text note below.
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(c) Scenic easements or other interests in improved property;
prerequisites to acquisition of fee title
With respect to improved properties, as defined in this subchapter,
the Secretary may acquire scenic easements or such other interests as,
in his judgment, are necessary for the purposes of the park. Fee title
to such improved properties shall not be acquired unless the Secretary
finds that such lands are being used, or are threatened with uses, which
are detrimental to the purposes of the park, or unless such acquisition
is necessary to fulfill the purposes of this subchapter.
(d) Acquired lands partly outside boundaries; exchange for non-Federal
lands within boundaries; report to General Services
Administration for disposal
When any tract of land is only partly within the boundaries of the
park, 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
the 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 the fair
market value of the lands involved.
(e) ``Improved property'' defined; determination by Secretary
For the purposes of this subchapter, the term ``improved property''
means: (i) a detached single family dwelling, the construction of which
was begun before January 1, 1975 (hereafter referred to as
``dwelling''), together with so much of the land on which the dwelling
is situated, the said land being in the same ownership as the 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 necessary to the dwelling
which are situated on the land so designated, or (ii) property developed
for agricultural uses, together with any structures accessory thereto
which were so used on or before January 1, 1975. An determining when and
to what extent a property is to be considered an ``improved property'',
the Secretary shall take into consideration the manner of use of such
buildings and lands prior to January 1, 1975, and shall designate such
lands as are reasonably necessary for the continued enjoyment of the
property in the same manner and to the same extent as existed prior to
such date. In applying this subsection with respect to lands and
interests therein added to the park by action of the Ninety-fifth
Congress, the date ``January 1, 1978,'' shall be substituted for the
date ``January 1, 1975,'' in each place it appears.
(f) Retention by owner of right of use and occupancy for noncommercial
residential or agricultural purposes; terms; payment of fair
market value; termination by Secretary for use inconsistent with
statutory purpose
The owner of an improved property, as defined in this subchapter, on
the date of its acquisition, as a condition of such acquisition, may
retain for himself, his heirs and assigns, a right of use and occupancy
of the improved property for noncommercial residential or agricultural
purposes, as the case may be, 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 spouse, whichever is later. The owner
shall elect the term to be reserved. Unless the property is wholly or
partially donated, the Secretary shall pay to the owner the fair market
value of the property on the date of its acquisition, less the fair
market value on that date of the right retained by the owner. A right
retained by the owner pursuant to this section shall be subject to
termination by the Secretary upon his 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 notification by the
Secretary to the holder of the right of such determination and tendering
to him the amount equal to the fair market value of that portion which
remains unexpired.
(g) Offers to sell by owners claiming undue hardship
In exercising his authority to acquire property under this
subchapter, the Secretary shall give prompt and careful consideration to
any offer made by an individual owning property within the park to sell
such property, if such individual notifies the Secretary that the
continued ownership of such property is causing, or would result in,
undue hardship.
(Pub. L. 93-555, Sec. 2, Dec. 27, 1974, 88 Stat. 1784; Pub. L. 94-578,
title III, Sec. 323(a), Oct. 21, 1976, 90 Stat. 2742; Pub. L. 95-625,
title III, Sec. 315(a), (d), (f), Nov. 10, 1978, 92 Stat. 3483; Pub. L.
96-87, title IV, Sec. 401(g), Oct. 12, 1979, 93 Stat. 666; Pub. L. 99-
606, Sec. 16, Nov. 6, 1986, 100 Stat. 3468; Pub. L. 102-431, Sec. 1,
Oct. 23, 1992, 106 Stat. 2211; Pub. L. 103-437, Sec. 6(a)(5), Nov. 2,
1994, 108 Stat. 4583; Pub. L. 106-291, title I, Sec. 149(b), (c)(2),
Oct. 11, 2000, 114 Stat. 956.)
References in Text
Section 460ff-4 of this title, referred to in subsec. (b), was in
the original ``section 5 of this Act'' meaning section 5 of Pub. L. 93-
555 which was repealed and section 6 was redesignated section 5 by Pub.
L. 106-291, title I, Sec. 149(d), Oct. 11, 2000, 114 Stat. 956.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (d), 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.
Amendments
2000--Pub. L. 106-291, Sec. 149(c)(2), substituted ``the park'' for
``the recreation area'' wherever appearing and ``The park'' for ``The
recreation area'' in subsec. (a).
Subsec. (a). Pub. L. 106-291, Sec. 149(b), substituted ``The park
shall'' for ``The recreational area shall'' and ``National Park'' for
``National Recreation Area''.
1994--Subsec. (a). Pub. L. 103-437 substituted ``Committee on Energy
and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives'' for ``Committees on Interior
and Insular Affairs of the United States Congress''.
1992--Subsec. (b). Pub. L. 102-431 substituted ``within the
boundaries of the recreation area may be acquired only by donation or
exchange for equal value. In determining the exchange value of lands of
the State or any political subdivision thereof under this subsection,
the Secretary shall not include in the value of those lands amounts paid
from the land and water conservation fund, if any, for the original
acquisition of those lands by the State or political subdivision'' for
``may be acquired only by donation''.
1986--Subsec. (a). Pub. L. 99-606, Sec. 16(1), (2), substituted
``numbered 644-80,054 and dated July 1986'' for ``numbered 655-90,001-A
and dated May 1978'' and inserted provisions relating to City of Akron
Lands on the map referred to in first sentence offered as donations or
privately owned, and revision of such map.
Subsec. (b). Pub. L. 99-606, Sec. 16(3), inserted provisions
prohibiting acquisition of fee title to any lands designated on the map
referred to in subsection (a) as ``Scenic Easement Acquisition Areas'',
but acquisition of only scenic easement with no prohibition on
activities unless consented to by owner, if such activity, etc. would
have been permitted under laws of the local government on Apr. 1, 1986.
1979--Subsec. (a). Pub. L. 96-87 substituted ``numbered 655-90,001-
A'' for ``numbered 90,001-A''.
1978--Subsec. (a). Pub. L. 95-625, Sec. 315(a), (f), substituted
reference to Boundary Map ``numbered 90,001-A, and dated May 1978'' for
``numbered 90,000-A, and dated September 1976'' and inserted provision
for land acquisition of the Hydraulic Brick Company and administration
of the property as part of the recreation area.
Subsec. (e). Pub. L. 95-625, Sec. 315(d), provided for substitution
of date ``January 1, 1978'' for ``January 1, 1975'' wherever appearing
in application of the subsec. to lands and interests therein added to
the recreation area by action of the Ninety-fifth Congress.
1976--Subsec. (a). Pub. L. 94-578 substituted `` `Boundary Map,
Cuyahoga Valley National Recreation Area, Ohio', numbered 90,000-A, and
dated September 1976'' for `` `Boundary Map, Cuyahoga Valley National
Recreation Area, Ohio', numbered NRA-CUYA-20,000-A, and dated December
1974''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
