§459c–2 — Title 16 Conservation | U.S. Code

Summary

The Secretary can buy, accept as a gift, or trade for land, water, buildings, improvements, and property interests that lie in the areas described in section 459c–1 or inside the seashore boundaries set under section 459c–4. The Secretary should act quickly as money is appropriated or when donations or transfers are available. Property owned by a State or local government can only be taken with that owner’s agreement. Federal property in those areas may be moved into the Secretary’s control without payment for use under sections 459c to 459c–7 if the agency that holds it agrees. The United States is only bound by contracts if funds authorized by section 459c–7 are appropriated. The Secretary may pay fair market value for purchases, based on his own determination and possibly an independent appraisal. The Secretary may also trade for non-Federal land in those areas by giving federal land under his control in California and adjacent States. Exchanges must be about equal in value, and cash can be paid or accepted to make values equal.

Title 16, §459c–2

Conservation — Source: USLM XML via OLRC

(a)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)The 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)In 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.

Editorial Notes

Amendments

1970—Subsec. (a). Pub. L. 91–223 substituted introductory “The” for “Except as provided in section 459c–3 of this title, the”.

§459c–2 Acquisition of property

Summary

Title 16, §459c–2

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata