Title 16, ConservationRelease 119-110

§460aaa–3 Acquisition

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER CXII — GRAND ISLAND NATIONAL RECREATION AREA › § 460aaa–3

Last updated Sep 22, 2026|Official source

Summary

The Secretary must acquire land, water, buildings, or interests inside the national recreation area by buying, accepting gifts, trading, or other means to help run and protect the area. The Secretary may also get property on the mainland if needed for access or offices. The Secretary must quickly consider any owner’s offer to sell. The Secretary cannot force the sale of privately owned property so long as the owner agrees to the building rules below and gives the Secretary a right of first refusal. Owners of undeveloped property inside the area may build recreational homes that match the park’s design rules. Before any private property, interest, or building is given, sold, or traded, it must first be offered to the Secretary at no more than fair market value. The Secretary has 120 days to accept. If accepted, the Secretary then has until 45 days after the end of the fiscal year following the fiscal year of acceptance to complete the purchase. No sale can be for less than the price offered to the Secretary, and if the property is offered again it must first be offered to the Secretary again, except for transfers within the immediate family of the owner of record on January 1, 1989. “Immediate family” means the owner’s spouse, siblings, children (natural or adopted), stepchildren, and direct descendants.

Full Legal Text

Title 16, §460aaa–3

Conservation, Source: USLM XML via OLRC

(a)General authority
Subject to the provisions of section 460aaa–2(b)(8) of this title and subsection (b) of this section, the Secretary is authorized and directed to acquire by purchase, gift, exchange, or otherwise, lands, waters, structures, or interests therein, including scenic or other easements, within the boundaries of the national recreation area to further the purposes of this subchapter: Provided, That the Secretary may not acquire any privately owned lands within the national recreation area other than with the consent of the owner so long as the owner agrees to the restrictions contained in subsection (b)(1) of this section and grants the Secretary a right of first refusal as provided in subsection (b)(2) of this section. The Secretary also is authorized and directed to acquire lands or structures by such means on the mainland to the extent necessary for access to and administrative facilities for the national recreation area. In acquiring lands or structures under this subsection, the Secretary is directed to give prompt and careful consideration to any offer to sell land or structures made by an individual, organization, or any legal entity owning property within the boundaries of the national recreation area.
(b)Private lands
(1)An owner of unimproved real property within the national recreation area may construct recreational residences that are architecturally compatible with other structures within the national recreation area, as described by the management plan developed pursuant to section 460aaa–6 of this title.
(2)Any privately owned lands, interests in lands, or structures within the national recreation area shall not be disposed of by donation, exchange, sale, or other conveyance without first being offered at no more than fair market value to the Secretary. The Secretary shall be given a period of 120 days to accept an offer and, after such offer is accepted, a period of 45 days after the end of the fiscal year following the fiscal year in which the offer was accepted to acquire such lands, interests in lands, or structures. No such lands, interests in lands, or structures shall be sold or conveyed at a price below the price at which they have been offered for sale to the Secretary, and if such lands, interest in lands, or structures are re­offered for sale or conveyance they shall first be reoffered to the Secretary, except that this subsection shall not apply to a change in ownership of a property within the immediate family of the owner of record on January 1, 1989. For the purposes of this subsection, the term “immediate family” means, with respect to any such owner of record, the spouse, siblings, children (whether natural or adopted), stepchildren, and lineal descendants of that owner.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460aaa–3

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110