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Title 16, ConservationRelease 119-73not60

§459d–1 Acquisition of Property

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LXIII— NATIONAL SEASHORE RECREATIONAL AREAS › § 459d–1

Last updated Apr 5, 2026|Official source

Summary

The Secretary of the Interior can acquire land, water, buildings, and other property inside the seashore area by buying them, accepting gifts, using legal taking, getting transfers from other federal agencies, swapping, or other lawful means. Land or property owned by the State of Texas or its local governments can be taken only if that owner agrees. Federal property in the area can be moved to the Secretary’s control without payment if the agency that holds it agrees. The Secretary must pay fair market value when buying, and may use an outside appraisal to decide that value. When swapping property, the two sides should be about equal in value, but the Secretary may add or accept cash to make values equal. Definitions: Secretary — the Secretary of the Interior. Such area — the lands and waters inside the seashore boundaries set by law.

Full Legal Text

Title 16, §459d–1

Conservation, Source: USLM XML via OLRC

(a)The Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to acquire by donation, purchase with donated or appropriated funds, condemnation, transfer from any Federal agency, exchange, or otherwise, the land, waters, and other property, and improvements thereon and any interest therein, within the areas described in section 459d of this title or which lie within the boundaries of the seashore as established under section 459d–2 of this title (hereinafter referred to as “such area”). Any property, or interest therein, owned by the State of Texas 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 459d to 459d–7 of this title.
(b)The Secretary is authorized to pay for any acquisitions which he makes by purchase under sections 459d to 459d–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 such area. 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Revision of Boundaries; Addition and Deletion of Acreage Pub. L. 94–578, title I, § 101(13), Oct. 21, 1976, 90 Stat. 2733, as amended Pub. L. 96–199, title I, § 111, Mar. 5, 1980, 94 Stat. 70, provided in part that: “The Secretary of the Interior is authorized to revise the boundary of the seashore [Padre Island National Seashore, Texas] to add approximately two hundred and seventy-four acres and to delete approximately two thousand acres, and section 302 and 303 of the Act of April 11, 1972 (86 Stat. 120, 121) [Pub. L. 92–272, which sections were not classified to the Code], shall apply to the boundary revision authorized herein.”

Reference

Citations & Metadata

Citation

16 U.S.C. § 459d–1

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60