§ 460ii-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: 16USC460ii-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII--CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA
Sec. 460ii-1. Acquisition of property
(a) Manner of acquisition of lands, etc., within area
Within the recreation area the Secretary is authorized to acquire
lands, waters, and interests therein by donation, purchase from willing
sellers with donated or appropriated funds, or exchange. Property owned
by the State of Georgia or any political subdivision thereof may be
acquired only by donation.
(b) Manner of acquisition of lands partly within and partly without
area; disposal of unutilized lands
When a tract of land lies partly within and partly without the
boundaries of the recreation area, the Secretary may acquire the entire
tract by any of the above methods in order to avoid the payment of
severance costs. Land so acquired outside of the boundaries of the
recreation area may be exchanged by the Secretary for non-Federal land
within such boundaries, and any portion of the land not utilized for
such exchanges may be disposed of in accordance with the provisions of
the Federal Property and Administrative Services Act of 1949.\1\
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\1\ See References in Text note below.
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(c) Acquisition of improved property used for noncommercial residential
purposes; retention by owners of right of use and occupancy for
residential purposes; terms; payment of fair market value
Except for property which the Secretary determines to be necessary
for the purposes of administration, development, access, or public use,
an owner of improved property which is used solely for noncommercial
residential purposes on the date of its acquisition by the Secretary may
retain, as a condition of such acquisition, a right of use and occupancy
of the property for such residential purposes. The right retained may be
for a definite term which shall not exceed twenty-five years or, in lieu
thereof, for a term ending at the death of the owner or the death of the
spouse, whichever occurs later. The owner shall elect the term to be
retained. The Secretary shall pay the owner the fair market value of the
property on the date of such acquisition, less the fair market value of
the term retained by the owner.
(d) Terms and conditions respecting rights of use and occupancy
retained; termination of right of use and occupancy
Any right of use and occupancy retained pursuant to this section
may, during its existence, be conveyed or transferred, but all rights of
use and occupancy shall be subject to such terms and conditions as the
Secretary deems appropriate to assure the use of the property in
accordance with the purposes of this subchapter. Upon his determination
that the property, or any portion thereof, has ceased to be so used in
accordance with such terms and conditions, the Secretary may terminate
the right of use and occupancy by tendering to the holder of such right
an amount equal to the fair market value, as of the date of the tender,
of that portion of the right which remains unexpired on the date of
termination.
(e) ``Improved property'' defined
As used in this section, the term ``improved property'' means a
detached, year-round noncommercial residential dwelling, the
construction of which was begun before January 1, 1975, 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 accessory to the dwelling which are situated on the land so
designated.
(Pub. L. 95-344, title I, Sec. 102, Aug. 15, 1978, 92 Stat. 474; Pub. L.
98-568, Sec. 1(c), Oct. 30, 1984, 98 Stat. 2928; Pub. L. 106-154,
Sec. 2(b), (e)(1), Dec. 9, 1999, 113 Stat. 1737, 1738.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (b), 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
1999--Subsec. (a). Pub. L. 106-154, Sec. 2(b)(1), inserted ``from
willing sellers'' after ``purchase''.
Subsec. (d). Pub. L. 106-154, Sec. 2(e)(1), substituted ``this
subchapter'' for ``this subchapter and chapter 43 of this title''.
Subsec. (f). Pub. L. 106-154, Sec. 2(b)(2), struck out subsec. (f)
which read as follows:
``(f)(1) The Secretary shall exchange those federally owned lands
identified on the map referenced in section 460ii of this title as
`exchange lands' for non-Federal lands which are within the boundaries
of the recreation area. The values of the lands exchanged under this
subsection shall be equal, or shall be equalized in the same manner as
provided in section 1716 of title 43.
``(2) At three year intervals after October 30, 1984, the Secretary
shall publish in the Federal Register a progress report on the land
exchanges which have taken place and the exchanges which are likely to
take place under the authority of this subsection. Such report shall
identify the lands which are unsuitable for exchange pursuant to such
authority.
``(3) Effective on the date ten years after October 30, 1984, the
exchange authority of paragraph (1) shall terminate. The exchange lands
identified under paragraph (1) which have not been exchanged prior to
such date shall be retained in Federal ownership as a part of the
recreation area.
``(4) The Secretary shall publish a revision of the boundary map
referred to in section 460ii of this title to exclude from the
boundaries of the recreation area any exchange lands which are used to
acquire non-Federal lands under paragraph (3).''
1984--Subsec. (f). Pub. L. 98-568 added subsec. (f).
Section Referred to in Other Sections
This section is referred to in section 460zz-4 of this title.
