Title 16ConservationRelease 119-73

§460aaa–3 Acquisition

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER CXII— - GRAND ISLAND NATIONAL RECREATION AREA › § 460aaa–3

Last updated Apr 6, 2026|Official source

Summary

The Secretary must obtain land, water, buildings, or rights inside the national recreation area by purchase, gift, exchange, or other means to help meet the area’s goals. The Secretary can also get land or buildings on the mainland for access and offices. The Secretary should carefully consider any offer to sell from people or groups who own property inside the area. Private owners may build recreational homes on vacant (unimproved) lots if the homes match the park’s design plan. The Secretary cannot buy private property inside the area without the owner’s consent if the owner agrees to those building rules and gives the Secretary the first chance to buy the property. Owners must offer the property to the Secretary at no more than fair market value. The Secretary has 120 days to accept. If accepted, the Secretary then has until 45 days after the end of the fiscal year following the fiscal year of acceptance to complete the purchase. Properties cannot be sold for less than the price offered to the Secretary, and if reoffered they must be offered to the Secretary first. Transfers within the immediate family of the owner of record on January 1, 1989 are not covered. “Immediate family” means spouse, siblings, children (natural or adopted), stepchildren, and direct descendants.

Full Legal Text

Title 16, §460aaa–3

Conservation — Source: USLM XML via OLRC

(a)Subject to the provisions of section 460aaa–2(b)(8) of this title and subsection (b) of this section, the Secretary is authorized and directed to acquire by purchase, gift, exchange, or otherwise, lands, waters, structures, or interests therein, including scenic or other easements, within the boundaries of the national recreation area to further the purposes of this subchapter: Provided, That the Secretary may not acquire any privately owned lands within the national recreation area other than with the consent of the owner so long as the owner agrees to the restrictions contained in subsection (b)(1) of this section and grants the Secretary a right of first refusal as provided in subsection (b)(2) of this section. The Secretary also is authorized and directed to acquire lands or structures by such means on the mainland to the extent necessary for access to and administrative facilities for the national recreation area. In acquiring lands or structures under this subsection, the Secretary is directed to give prompt and careful consideration to any offer to sell land or structures made by an individual, organization, or any legal entity owning property within the boundaries of the national recreation area.
(b)(1)An owner of unimproved real property within the national recreation area may construct recreational residences that are architecturally compatible with other structures within the national recreation area, as described by the management plan developed pursuant to section 460aaa–6 of this title.
(2)Any privately owned lands, interests in lands, or structures within the national recreation area shall not be disposed of by donation, exchange, sale, or other conveyance without first being offered at no more than fair market value to the Secretary. The Secretary shall be given a period of 120 days to accept an offer and, after such offer is accepted, a period of 45 days after the end of the fiscal year following the fiscal year in which the offer was accepted to acquire such lands, interests in lands, or structures. No such lands, interests in lands, or structures shall be sold or conveyed at a price below the price at which they have been offered for sale to the Secretary, and if such lands, interest in lands, or structures are re­offered for sale or conveyance they shall first be reoffered to the Secretary, except that this subsection shall not apply to a change in ownership of a property within the immediate family of the owner of record on January 1, 1989. For the purposes of this subsection, the term “immediate family” means, with respect to any such owner of record, the spouse, siblings, children (whether natural or adopted), stepchildren, and lineal descendants of that owner.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460aaa–3

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73