§ 460m-9. — Acquisition of lands and waters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460m-9]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI--BUFFALO NATIONAL RIVER
Sec. 460m-9. Acquisition of lands and waters
(a) Donation, purchase, and exchange; reimbursement of State of Arkansas
Within the boundaries of the Buffalo National River, the Secretary
may acquire lands and waters or interests therein by donation, purchase
or exchange, except that lands owned by the State of Arkansas or a
political subdivision thereof may be acquired only by donation:
Provided, That the Secretary may, with funds appropriated for
development of the area, reimburse such State for its share of the cost
of facilities developed on State park lands if such facilities were
developed in a manner approved by the Secretary and if the development
of such facilities commenced subsequent to March 1, 1972: Provided
further, That such reimbursement shall not exceed a total of $375,000.
When an individual tract of land is only partly within the boundaries of
the national river, the Secretary may acquire all of the 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 national river may be
exchanged by the Secretary for non-Federal lands within the national
river 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, as amended.
With the concurrence of the agency having custody thereof, any Federal
property within the boundaries of the national river may be transferred
without consideration to the administrative jurisdiction of the
Secretary for administration as part of the national river.
(b) Retention of rights
Except for property which the Secretary determines to be necessary
for the purposes of administration, development, access or public use,
an owner or owners (hereafter referred to as ``owner'') of any improved
property which is used solely for noncommercial residential purposes on
the date of its acquisition by the Secretary or any owner of lands used
solely for agricultural purposes (including, but not limited to,
grazing) may retain, as a condition of the acquisition of such property
or lands, a right of use and occupancy of such property for such
residential or agricultural purposes. The term of the right retained
shall expire upon the death of the owner or the death of his spouse,
whichever occurs later, or in lieu thereof, after a definite term which
shall not exceed twenty-five years after the date of acquisition. The
owner shall elect, at the time of conveyance, the term of the right
reserved. 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. Such right 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 such property in accordance with the purposes of
this subchapter. Upon a determination that the property, or any portion
thereof, has ceased to be 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.
(c) ``Improved property'' defined
As used in this section the term ``improved property'' means a
detached year-round one-family dwelling which serves as the owner's
permanent place of abode at the time of acquisition, and construction of
which was begun before September 3, 1969, 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.
(Pub. L. 92-237, Sec. 2, Mar. 1, 1972, 86 Stat. 44.)
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.
