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Title 16, ConservationRelease 119-73not60

§459g–1 Acquisition of Property

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary of the Interior may take control of federal property inside Cape Lookout National Seashore if the agency that now holds it agrees. No money has to be transferred for that change. The Secretary can also get non‑federal land inside the seashore by donation, by buying it with donated or appropriated funds, or by swapping land. Land owned by the State of North Carolina or its local governments can only be accepted as a donation, and the Secretary may accept such donations with a condition that the land returns to the State if it stops being used for seashore purposes. Land the State donates will count as consideration for the United States transferring 1.5 acres for a public health facility in Hatteras. When making land swaps, the Secretary can trade federal land in North Carolina for non‑federal land inside the seashore and may pay or accept cash to even out value differences. People who owned property on January 1, 1966 that had been used as a noncommercial residence on July 1, 1963 may reserve the right to live in the house and use up to three acres where it sits. That right can last until the owner or spouse dies, or for a fixed term up to 25 years. The Secretary can exclude marsh, beach, or nearby land needed for public access from the reserved area. The Secretary may accept donated land with the same reserved right. If the reserved use is being misused or conflicts with seashore purposes, the Secretary can end it but must pay the fair market value of the unused portion. The Secretary may also buy or exchange up to 100 acres near Beaufort for an administrative site and a landing dock to help access the seashore.

Full Legal Text

Title 16, §459g–1

Conservation, Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, Federal property located within the boundaries of the Cape Lookout National Seashore may, with the concurrence of the agency having custody thereof, be transferred to the administrative jurisdiction of the Secretary of the Interior for the purposes of the seashore. Such transfer shall be made without transfer of funds. Lands owned by the State of North Carolina or any political subdivision thereof may be acquired only by donation, but the Secretary may, subject to the provisions of section 459g–6 of this title, acquire any other non-Federal lands, marshlands, waters, or interests therein which are located within the boundaries of the seashore by donation, purchase with donated or appropriated funds, or exchange. Notwithstanding any other provision of law, the Secretary may accept any lands donated by the State of North Carolina subject to a provision for reversion to the State conditioned upon continued use of the property for national seashore purposes. Land donated by the State of North Carolina pursuant to this subsection shall constitute consideration for the transfer by the United States of 1.5 acres of land that is to be used as a site for a public health facility in the village of Hatteras, Dare County, North Carolina.
(b)When acquiring lands by exchange, the Secretary may accept title to any non-Federal property within the boundaries of the seashore and convey to the grantor of such property any federally owned property in the State of North Carolina under his jurisdiction which he classifies as proper for exchange or other disposition. Failing to effectuate an exchange of properties of approximately equal fair market value, 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.
(c)Any person who on January 1, 1966, owned property which on July 1, 1963, was developed and used for noncommercial residential purposes may reserve for himself and his assigns, as a condition to the purchase or acquisition by exchange of such property by the Secretary, a right of use and occupancy of the residence and not in excess of three acres of land on which the residence is situated, for noncommercial residential purposes for a term ending at the death of the owner, or the death of his spouse, or the death of either of them, or, in lieu thereof, for a definite term not to exceed twenty-five years: Provided, That the Secretary may exclude from such reserved property any marsh, beach, or waters, together with so much of the land adjoining such marsh, beach, or waters as he deems necessary for public access thereto. The owner shall elect the term of the right to be reserved. The Secretary is authorized to accept donations of property for purposes of the seashore in which a right of use and occupancy for noncommercial residential purposes is reserved for the period stated in this subsection if the land on which the residence is situated and to which the right attaches is not in excess of three acres and there is excluded from the reserved property such marsh, beach, or waters and adjoining land as the Secretary deems necessary for public use and access thereto.
(d)A right of use and occupancy reserved in lands that are donated or otherwise acquired pursuant to this section shall be subject to termination by the Secretary upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of sections 459g to 459g–7 of this title and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.
(e)The Secretary of the Interior is authorized to purchase with donated or appropriated funds, or acquire by exchange, not to exceed one hundred acres of lands or interests in lands at or near Beaufort, North Carolina, as an administrative site, and for a landing dock and related facilities that may be used to provide a suitable approach or access to the seashore.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1974—Subsec. (a). Pub. L. 93–477 substituted provisions relating to acquisition by donation of lands owned by the State of North Carolina and acquisition by donation, purchase or exchange of non-Federal lands, marshlands, etc., and acceptance of lands donated by North Carolina, for provisions relating to acquisition of non-Federal lands, marshlands, etc., by donation only and acquisition by exchange lands comprising the Shackleford Banks.

Reference

Citations & Metadata

Citation

16 U.S.C. § 459g–1

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60