§ 460o-1. — Acquisition of lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460o-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIII--DELAWARE WATER GAP NATIONAL RECREATION AREA
Sec. 460o-1. Acquisition of lands
(a) Authority of Secretary of Army; transfer of jurisdiction over lands
to Secretary of the Interior; authority of such Secretary;
retention of use and occupancy rights; termination and transfer
of authority and funds; acquisition priorities
The Secretary of the Army is authorized and directed to acquire, by
such means as he may deem to be in the public interest, and as a part of
his acquisition of properties for the project, lands and interests
therein within the boundaries of the area, as generally depicted on the
drawing entitled ``Proposed Tocks Island National Recreation Area''
dated and numbered September 1962, NRA-TI-7100, which drawing is on file
in the Office of the National Park Service, Department of the Interior.
In acquiring these lands, the Secretary of the Army may utilize such
statutory authorities as are available to him for the acquisition of
project lands: Provided, That the Secretary of the Army shall acquire no
lands or interests in land by exchange for lands or interests in land in
Federal ownership unless the latter are in the States of Pennsylvania,
New Jersey, or New York. Periodically, and as soon as practicable after
such lands and interests within the area are acquired, the Secretary of
the Army shall transfer jurisdiction thereover to the Secretary of the
Interior for the purposes of this subchapter. Beginning on November 10,
1978, the Secretary of the Interior is authorized to acquire for
purposes of the recreation area established under this subchapter all
lands and interests therein within the exterior boundaries of the area
depicted on the drawing referred to in this subsection (including any
lands within such exterior boundaries designated for acquisition by the
Secretary of the Army in connection with the project referred to in this
subsection). In exercising such authority, the Secretary of the Interior
may permit the retention of rights of use and occupancy in the same
manner as provided in the case of acquisitions by the Secretary of the
Army under subsection (d) of this section. On November 10, 1978, the
acquisition authorities of any other Federal agency contained in this
subsection shall terminate and the head of any other Federal agency
shall transfer to the Secretary of the Interior jurisdiction over all
lands and interests therein acquired by said agency under the authority
of this subchapter, or any other authority of law which lands are within
the exterior boundaries of the area depicted on the drawing referred to
in this subsection. On November 10, 1978, all unexpended balances
available to any other Federal agency for acquisition of land within the
exterior boundaries referred to in the preceding sentence shall be
transferred to the Secretary of the Interior to be used for such
purposes. In carrying out his acquisition authority under this section
the Secretary shall give priority to the following:
(1) completion of acquisition of lands for which condemnation
proceedings have been started pursuant to the authorization of the
project referred to in this subsection;
(2) acquisition of lands of beneficial owners, not being a
corporation, who in the judgment of the Secretary would suffer
hardship if acquisition of their lands were delayed;
(3) acquisition of lands on which, in the judgment of the
Secretary, there is an imminent danger of development that would be
incompatible with the purposes of the recreation area;
(4) acquisition of lands of beneficial owners, not being a
corporation, who are willing to sell their lands provided they are
able to continue to use it for noncommercial residential purposes
for a limited period of time which will not, in the judgment of the
Secretary, unduly interfere with the development of public use
facilities for such national recreation area, pursuant to the
authorization for such area;
(5) acquisition of scenic easements when, in the judgment of the
Secretary, such easements are sufficient to carry out the purposes
for which such national recreation area was authorized; and
(6) acquisition of lands necessary to preserve the integrity of
the recreation area.
(b) Omission of designated lands from area
Notwithstanding the provisions of subsection (a) of this section,
the Secretary of the Interior is authorized, after consultation with
appropriate public officials of the affected political subdivisions of
the States of Pennsylvania or New Jersey, as the case may be, to
designate not more than three hundred acres adjacent and contiguous to
the Borough of Milford, Pennsylvania, and not more than one thousand
acres in Sussex County, New Jersey, for omission from the Delaware
Valley National Recreation Area and the lands so designated shall not be
acquired for said national recreation area under authority of this
subchapter.
(c) Extension of boundaries; study and report to Congress
The Secretary of the Interior shall investigate, study, and report
to the President and the Congress on the feasibility and usefulness of
extending the boundaries of the Delaware Water Gap National Recreation
Area to include, in whole or in part, that portion of Tocks Island
Reservoir which lies upstream from the northern terminus of the national
recreation area as shown on the map hereinbefore referred to and lands
adjacent to said portion of said reservoir. No such extension of
boundaries, however, shall be made until authorized by Act of Congress.
(d) Noncommercial residential occupancy for life or fixed term of years;
price for property; ``improved residential property'' defined;
waiver of relocation assistance benefits or rights
The beneficial owner, not being a corporation, of a freehold
interest acquired before January 1, 1965, in improved residential
property within the area to be acquired by the Secretary of the Army
under authority of this subchapter, the continued use of which property
for noncommercial residential purposes for a limited time will not, in
the judgment of the Secretary of the Interior, unduly interfere with the
development of public-use facilities for the national recreation area
and will not, in the judgment of the Secretary of the Army, unduly
interfere with the operation of the Tocks Island Reservoir project, may
retain a right of use and occupancy of such property for noncommercial
residential purposes for, as said owner may elect, either (i) a period
terminating upon his death or the death of his spouse, whichever occurs
later, or (ii) a term of not more than twenty-five years: Provided, That
in no case shall the period or term for which such right of use and
occupancy is retained extend beyond the term of the freehold interest
acquired by the United States. The price payable to the owner of such
property shall be reduced by an amount equal to the value of the right
retained. As used in this subchapter ``improved residential property''
means a single-family year-round dwelling, the construction of which was
begun before January 21, 1963, which dwelling 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 which land the Secretary
of the Interior or the Secretary of the Army, as the case may be, finds
is reasonably necessary for the owner's continued use and occupancy of
the dwelling: Provided, further, That whenever an owner of property
elects to retain a right of use and occupancy pursuant to this
subchapter, such owner shall be deemed to have waived any benefits or
rights under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].
(Pub. L. 89-158, Sec. 2, Sept. 1, 1965, 79 Stat. 612; Pub. L. 92-575,
Sec. 2, Oct. 27, 1972, 86 Stat. 1250; Pub. L. 95-625, title III,
Sec. 316, Nov. 10, 1978, 92 Stat. 3483.)
References in Text
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, referred to in subsec. (d), is Pub. L. 91-646,
Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified generally
to chapter 61 (Sec. 4601 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 4601 of Title 42 and Tables.
Amendments
1978--Subsec. (a). Pub. L. 95-625 authorized acquisition of lands
within the exterior boundaries of the area by the Secretary of the
Interior, retention of use and occupancy rights, termination of Federal
agency authority over lands and transfer of authority and funds to the
Secretary of the Interior, and prescribed acquisition priorities for the
Secretary of the Interior.
1972--Subsec. (d). Pub. L. 92-575 provided for waiver of benefits or
rights under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, upon election to retain right of use
and occupancy pursuant to this subchapter.
Section Referred to in Other Sections
This section is referred to in sections 460o-2, 460o-7 of this
title.
