§460aaa–3 Acquisition

Summary

The Secretary must acquire lands, water, buildings, or rights inside the national recreation area by buying, accepting gifts, swapping, or other means to help meet the area's purposes. The Secretary cannot force the sale of privately owned land inside the area if the owner agrees to the building limits in (b)(1) and gives the Secretary a right of first refusal as described in (b)(2). The Secretary may also buy land or buildings on the mainland needed for access or administration and must promptly consider any offer to sell. Owners of unimproved land inside the area may build recreational homes that match the area's design rules in the management plan. Before any private land, interest, or structure inside the area is donated, exchanged, sold, or otherwise transferred, it must first be offered to the Secretary at no more than fair market value. The Secretary has 120 days to accept that offer. After acceptance, the Secretary then has until 45 days after the end of the fiscal year following the fiscal year in which the offer was accepted to complete the acquisition. No sale can be made for less than the price offered to the Secretary, and if the property is reoffered it must again be offered to the Secretary. This does not apply to transfers within the immediate family of the owner of record on January 1, 1989. Immediate family means the spouse, siblings, children (natural or adopted), stepchildren, and lineal descendants of that owner.