§ 460hh-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: 16USC460hh-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCII--CHICKASAW NATIONAL RECREATION AREA
Sec. 460hh-1. Acquisition of property
(a) Authority of Secretary; manner of acquisition
The Secretary may acquire land or interests in lands within the
boundaries of the recreation area by donation, purchase with donated or
appropriated funds, or exchange. 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,
and any land so acquired 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 \1\ (63 Stat. 377), as
amended. Any Federal property located within the boundaries of the
recreation area may be transferred without consideration to the
administrative jurisdiction of the Secretary for the purposes of the
recreation area. Lands within the boundaries of the recreation area
owned by the State of Oklahoma, or any political subdivision thereof,
may be acquired only by donation: Provided, That the Secretary may also
acquire lands by exchange with the city of Sulphur, utilizing therefor
only such lands as may be excluded from the recreation area which were
formerly within the Platt National Park.
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\1\ See References in Text note below.
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(b) Acquisition of improved residential property; retention by owners of
right of use and occupancy for noncommercial residential
purposes; terms; payment of fair market value
With respect to improved residential property acquired for the
purposes of this subchapter, which is beneficially owned by a natural
person and which the Secretary 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 recreation area, 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 the fair market value on
such date of the right retained by the owner.
(c) ``Improved residential property'' defined; determination by
Secretary
As used in this subchapter, ``improved residential property'' means
a single-family year-round dwelling, the construction of which began
before March 1, 1975, 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
waters and adjoining land that the Secretary deems is necessary for
public access to such waters.
(d) Termination of right of use and occupancy; determination by
Secretary
The Secretary may terminate a right to 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 this subchapter, 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.
(Pub. L. 94-235, Sec. 2, Mar. 17, 1976, 90 Stat. 235.)
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.
