2011 US Code
Title 16 - Conservation
Chapter 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES (§§ 1 - 460zzz-7)
Subchapter XLII-A - KALOKO-HONOKHAU NATIONAL HISTORICAL PARK (§§ 396d - 396f)
Section 396f - Acquisition of private lands; creation of surplus property accounts; transfer and sale of accounts
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 XLII-A - KALOKO-HONOKHAU NATIONAL HISTORICAL PARK Sec. 396f - Acquisition of private lands; creation of surplus property accounts; transfer and sale of accounts |
Contains | section 396f |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 98-146, title III, §317, Nov. 4, 1983, 97 Stat. 954; Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 708. |
Statutes at Large References | 97 Stat. 954 103 Stat. 708, 1151 104 Stat. 1910 107 Stat. 2413 116 Stat. 1303 124 Stat. 3854 |
Public Law References | Public Law 94-204, Public Law 98-146, Public Law 101-121, Public Law 101-165, Public Law 101-511, Public Law 103-204, Public Law 107-217, Public Law 111-350 |
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Notwithstanding any other provision of law, the Secretary of the Interior is authorized and shall seek to acquire the private lands described in section 396d(a) of this title, by crediting a surplus property account, to be established in the name of each landowner, in the amount of the acquisition price for such landowner's lands. The National Park Service shall update the existing appraisals for the parcels and, based on the approved appraised values, shall negotiate with the landowners for acquisition prices. Each owner may, using such credits in his surplus property account, bid, as any other bidder for surplus property, wherever located, in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. The Administrator of the General Services Administration shall establish each landowner's surplus property account and shall adjust the credits in such accounts to reflect successful bids under this section. Title to the lands described in this section shall pass to the Government at the time of establishment of the surplus property accounts. The credits in any of the surplus property accounts may be transferred or sold in whole or in part at any time by the landowner to any other party, thereby vesting such party with all the rights of the landowner, and after such transfer, the landowner shall notify the Administrator of the transfer. At any time the Secretary may purchase the balance of any surplus property account subject to the availability of appropriated funds. The land owner 1 may also use the credits in exchange for excess lands, wherever located, under the jurisdiction of the Secretary of the Interior.
(Pub. L. 98–146, title III, §317, Nov. 4, 1983, 97 Stat. 954; Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 708.)
CodificationIn text, “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments1989—Pub. L. 101–121 inserted sentence at end authorizing land owner to use the credits in exchange for excess land, wherever located, under the jurisdiction of the Secretary of the Interior.
Use of Accounts for Sales of Properties by AgenciesPub. L. 101–165, title IX, §9102, Nov. 21, 1989, 103 Stat. 1151, as amended by Pub. L. 101–511, title VIII, §8133(b), Nov. 5, 1990, 104 Stat. 1910; Pub. L. 103–204, §32(a), Dec. 17, 1993, 107 Stat. 2413, provided that:
“(a)
“(1)
“(2)
“(A) the account in the Treasury established by the Secretary of the Treasury pursuant to section 12(b) of Public Law 94–204 (43 U.S.C. 1611 note), referred to in that section as the ‘Cook Inlet Region, Incorporated property account’; and
“(B) the surplus property account established by the Administrator of General Services pursuant to section 317 of Public Law 98–146 (16 U.S.C. 396f).
“(b)
“(1) tendered from an account described in subsection (a)(2);
“(2) received by the agency as proceeds of such a sale; and
“(3) used by the agency for that specific purpose.
“(c)
“(d)
“(1) any instrumentality of the United States, or
“(2) any element of an agency, or
“(3) any wholly owned or mixed-owned United States Government corporation identified in chapter 91 of title 31, United States Code.
“(e)
“(f) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish procedures to permit the accounts described in subsection (a)(2) to receive deposits, to make deposits into escrow when an escrow is required for the sale of any property, and to reinstate to such accounts any unused escrow deposits if sales are not consummated.”
1 So in original. Probably should be “landowner”.
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