2011 US Code
Title 16 - Conservation
Chapter 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES (§§ 1 - 460zzz-7)
Subchapter LXIII - NATIONAL SEASHORE RECREATIONAL AREAS (§§ 459 - 459j-8)
Section 459c-2 - Acquisition of property
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 16 - CONSERVATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 16 - CONSERVATION CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES SUBCHAPTER LXIII - NATIONAL SEASHORE RECREATIONAL AREAS Sec. 459c-2 - Acquisition of property |
Contains | section 459c-2 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 87-657, §3, Sept. 13, 1962, 76 Stat. 539; Pub. L. 91-223, §2(a), Apr. 3, 1970, 84 Stat. 90. |
Statutes at Large References | 76 Stat. 539 84 Stat. 90 |
Public Law References | Public Law 87-657, Public Law 91-223 |
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The Secretary is authorized to acquire, and it is the intent of Congress that he shall acquire as rapidly as appropriated funds become available for this purpose or as such acquisition can be accomplished by donation or with donated funds or by transfer, exchange, or otherwise the lands, waters, and other property, and improvements thereon and any interest therein, within the areas described in section 459c–1 of this title or which lie within the boundaries of the seashore as established under section 459c–4 of this title (hereinafter referred to as “such area”). Any property, or interest therein, owned by a State or political subdivision thereof may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of sections 459c to 459c–7 of this title. In exercising his authority to acquire property in accordance with the provisions of this subsection, the Secretary may enter into contracts requiring the expenditure, when appropriated, of funds authorized by section 459c–7 of this title, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred.
(b) Payment for acquisition; fair market valueThe Secretary is authorized to pay for any acquisitions which he makes by purchase under sections 459c to 459c–7 of this title their fair market value, as determined by the Secretary, who may in his discretion base his determination on an independent appraisal obtained by him.
(c) Exchange of property; cash equalization paymentsIn exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within such area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary within California and adjacent States, notwithstanding any other provision of law. The properties so exchanged shall be approximately equal in fair market value, provided that the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged.
(Pub. L. 87–657, §3, Sept. 13, 1962, 76 Stat. 539; Pub. L. 91–223, §2(a), Apr. 3, 1970, 84 Stat. 90.)
Amendments1970—Subsec. (a). Pub. L. 91–223 substituted introductory “The” for “Except as provided in section 459c–3 of this title, the”.
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