§459b–1 Acquisition of Property

Summary

The Secretary of the Interior can get land, water, buildings, and other property inside the Cape Cod seashore area by buying, taking by condemnation, accepting gifts, swapping, getting transfers from other federal agencies, or other methods. Property owned by the Commonwealth of Massachusetts or by any towns in the area can only be taken if that owner agrees. Federal property in the area can be transferred to the Secretary without payment if the agency that controls it agrees. The Secretary can use donated money and federal funds to make these acquisitions and must not pay more than the fair market value when buying. When swapping property, the values should be about equal, and cash can be paid or accepted to make them equal. The Secretary must report every swap to Congress within 30 days and include the values and any cash paid or received. The Secretary may swap about 7.62 acres of federal land for about 11.157 acres outside the seashore to give to the town of Provincetown for a municipal solid-waste transfer and recycling site and other town uses that follow Park Service rules, as shown on the map titled “Cape Cod National Seashore Boundary Revision Map,” dated May, 1997, number 609/80,801. After that swap, the seashore boundary must be changed to include the land added. Fair market value: the value the Secretary decides, which may be based on an independent appraisal.