§459b–1 Acquisition of property

Summary

The Secretary of the Interior may acquire land, water, buildings, and other property inside the Cape Cod seashore area by buying, accepting gifts, condemning, getting transfers from other federal agencies, trading, or other means. Property owned by the Commonwealth of Massachusetts or its towns can only be taken with the owner’s agreement. Federal property inside the area can be transferred into the Secretary’s control without payment if the agency that has it agrees. The Secretary can use donated money and funds Congress provides to make purchases, and may not pay more than the fair market value for any purchase. The Secretary may trade non‑federal land for federal land inside the area so long as the values are roughly equal; cash can be paid or received to make values equal. Each completed exchange must be reported to Congress within 30 days with the values and any cash paid or received. The Secretary may trade about 7.62 acres of federal land for about 11.157 acres outside the area as shown on the map titled “Cape Cod National Seashore Boundary Revision Map,” dated May, 1997, number 609/80,801, for a municipal solid waste transfer and recycling site and other compatible town uses, and then adjust the park boundary. “Fair market value” means the value the Secretary decides, and the Secretary may use an independent appraisal.