§159g — Title 16 Conservation | U.S. Code

Summary

The Secretary of the Interior may get land inside the park by donation, purchase with donated or appropriated money, or by exchanging land. A map showing park lands is kept by the National Park Service for the public to see. Except for the tract labeled 01–132 (which was separately authorized), the Secretary cannot buy full ownership of lands shown as “proposed for less than fee acquisition” unless the owner donates them. Federal money cannot be used to buy park land from an owner without that owner’s consent unless the Secretary finds the owner is harming or about to harm the property’s park value, or the owner fails to follow the notice rules. If an owner plans to sell to someone outside the owner’s immediate family, the owner must give the Secretary written notice. The Secretary then has 45 days to say in writing if he wants the first chance to buy the property or a lesser interest. If the Secretary says yes, he must start the purchase process within 90 days or the owner may sell to others. “Immediate family” means spouse, brother, sister, parent, or child, including adopted relatives and stepchildren treated like natural children. The rule in the previous paragraph does not apply to tract 01–142. An owner can ask the Secretary in writing whether a planned action would trigger a condemnation decision; the Secretary must quickly say yes or no and issue a certificate if the action fits park purposes. If the Secretary buys improved property used only for noncommercial home or for compatible commercial farming, the owner may keep a right to use it for up to 25 years or for life; the Secretary pays fair market value minus the value of that retained right. The 25-year/use-right rule does not apply (except for tract 01–142) if the land is needed for park administration, development, access, or public use. An owner who asks the Secretary in writing to buy their land should be offered a purchase within six months if the sale is at fair market value and meets the Secretary’s conditions.

Title 16, §159g

Conservation — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), within the boundary of the park, the Secretary of the Interior (hereinafter in this Act referred to as the “Secretary”), is authorized to acquire lands and interests therein by donation, purchase with donated or appropriated funds, or exchange. Except for the tract identified on the aforesaid map as tract number 01–132, which was authorized to be acquired by section 159e of this title, the Secretary may not acquire (except by donation) fee simple title to those lands depicted on the map as proposed for less than fee acquisition. The map shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior.

(b)(1)Appropriated funds may not be used to acquire lands or interests therein within the park without the consent of the owner except when—

(A)the Secretary determines that such owner is subjecting, or is about to subject, the property to actions which would significantly degrade its value as a component of the park; or

(B)the owner fails to comply with the provisions of paragraph (2).

(2)If an owner of lands or interests therein within the park intends to transfer any such lands or interest to persons other than the owner’s immediate family, the owner shall notify the Secretary in writing of such intention. Within forty-five days after receipt of such notice, the Secretary shall respond in writing as to his interest in exercising a right of first refusal to purchase fee title or lesser interests. If, within such forty-five days, the Secretary declines to respond in writing or expresses no interest in exercising such right, the owner may proceed to transfer such interests. If the Secretary responds in writing within such forty-five days and expresses an interest and intention to exercise a right of first refusal, the Secretary shall initiate an action to exercise such right within ninety days after the date of the Secretary’s response. If the Secretary fails to initiate action to exercise such right within such ninety days, the owner may proceed to otherwise transfer such interests. As used in this subsection with respect to a property owner, the term “immediate family” means the spouse, brother, sister, parent, or child of such property owner. Such term includes a person bearing such relationships through adoption and a stepchild shall be treated as a natural born child for purposes of determining such relationship.

(c)Subsection (b) shall not apply with respect to tract number 01–142.

(d)When an owner of property within the park desires to take an action with respect to his property, he shall request, in writing, a prompt written determination from the Secretary as to the likelihood of such action provoking a determination by the Secretary under the provisions of subsection (b)(1)(A). The Secretary is thereupon directed to promptly issue such owner a certificate of exemption from condemnation for such actions proposed by the owner which the Secretary determines to be compatible with the purposes of the park.

(e)(1)An owner of improved property which is used solely for noncommercial residential purposes, or for commercial agricultural purposes found to be compatible with the General Management Plan, on the date of its acquisition by the Secretary may retain, as a condition of such an acquisition, a right of use and occupancy of the property for such residential or agricultural purposes. The right retained may be for a definite term which shall not exceed twenty-five years, or in lieu thereof, for a term ending at the death of the owner. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value, of the term retained by the owner.

(2)Except for tract number 01–142, paragraph (1) shall not apply to property which the Secretary determines to be necessary for the purposes of administration, development, access, or public use.

(f)Any owner of lands or interests therein within the park who desires to have such lands or interests acquired by the Secretary may notify the Secretary in writing of such desire. It is the intention of the Congress that, upon receipt of such notification, and on the condition that such acquisition will transpire at fair market value and in accordance with other conditions acceptable to the Secretary, the Secretary shall endeavor to acquire such lands or interests therein within six months of the date of receipt of such notice from the owner.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 97–460, Jan. 12, 1983, 96 Stat. 2520, which enacted section 159f and 159g of this title, amended section 159d of this title, and enacted a provision set out as a note under section 159f of this title. For complete classification of this Act to the Code, see Tables.

§159g Acquisition of Lands

Summary

Title 16, §159g

Notes & Related Subsidiaries

Editorial Notes

References in Text

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