16 U.S.C. § 459c–2: Acquisition of property

Summary

The Secretary can acquire land, water, buildings, and property rights inside the area described in section 459c–1 or within the seashore boundaries set under section 459c–4. Congress wants these acquisitions done quickly as money, donations, transfers, or exchanges allow. State-owned property can be acquired only if the State agrees. Federal property in the area can be transferred to the Secretary for management without payment if the agency that holds it agrees. The Secretary may sign contracts that spend money under section 459c–7, but the United States must pay only if Congress provides the needed funds. The Secretary may pay fair market value for purchases, which he decides and may base on an independent appraisal. He may also trade non-Federal property in the area for federal property he controls in California and nearby States; the values should be roughly equal, and cash can be added by either side to balance the trade.

Title 16, §459c–2

Conservation, Source: USLM XML via OLRC

(a)Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary; liability of United States under contracts contingent on appropriations

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)Payment for acquisition; fair market value

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)Exchange of property; cash equalization payments

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