16 U.S.C. § 460m–9: Acquisition of lands and…

Summary

The Secretary may acquire lands and waters inside the Buffalo National River by donation, purchase, or exchange. Lands owned by the State of Arkansas or its local governments can be taken only by donation. Using funds for developing the area, the Secretary may reimburse the State for its share of approved park facilities that began after March 1, 1972, but the total repayment cannot exceed $375,000. If a parcel is partly inside the river boundary, the Secretary may buy the whole parcel to avoid severance costs. Land bought outside the boundary can be exchanged for non‑Federal land inside the river, and any unused portions can be disposed of under the federal property rules named in the law. With the agreeing agency’s consent, Federal property inside the river may be transferred to the Secretary without payment. Owners of an improved home used only as a noncommercial residence when bought, or owners of land used only for farming or grazing, may keep a right to live on or use the land unless the Secretary needs it for management, development, access, or public use. That right ends when the owner or the owner’s spouse dies, or after a fixed term chosen at conveyance that cannot exceed 25 years. The Secretary must pay the owner the fair market value of the property at acquisition, minus the fair market value of the retained right. The retained right can be transferred while it lasts and is subject to conditions to ensure the land is used as allowed. If the land stops being used as allowed, the Secretary may end the right and pay the owner the fair market value of the remaining unexpired term. “Improved property” means a detached, year‑round, one‑family house that was the owner’s permanent home when acquired, started before September 3, 1969, plus the amount of surrounding land the Secretary says is needed for noncommercial residential use.

Title 16, §460m–9

Conservation, Source: USLM XML via OLRC

(a)Donation, purchase, and exchange; reimbursement of State of Arkansas

Within the boundaries of the Buffalo National River, the Secretary may acquire lands and waters or interests therein by donation, purchase or exchange, except that lands owned by the State of Arkansas or a political subdivision thereof may be acquired only by donation: Provided, That the Secretary may, with funds appropriated for development of the area, reimburse such State for its share of the cost of facilities developed on State park lands if such facilities were developed in a manner approved by the Secretary and if the development of such facilities commenced subsequent to March 1, 1972: Provided further, That such reimbursement shall not exceed a total of $375,000. When an individual tract of land is only partly within the boundaries of the national river, the Secretary may acquire all of the tract by any of the above methods in order to avoid the payment of severance costs. Land so acquired outside of the boundaries of the national river may be exchanged by the Secretary for non-Federal lands within the national river boundaries, and any portion of the land not utilized for such exchanges may be disposed of in accordance with the provisions of chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. With the concurrence of the agency having custody thereof, any Federal property within the boundaries of the national river may be transferred without consideration to the administrative jurisdiction of the Secretary for administration as part of the national river.

(b)Retention of rights

Except for property which the Secretary determines to be necessary for the purposes of administration, development, access or public use, an owner or owners (hereafter referred to as “owner”) of any improved property which is used solely for noncommercial residential purposes on the date of its acquisition by the Secretary or any owner of lands used solely for agricultural purposes (including, but not limited to, grazing) may retain, as a condition of the acquisition of such property or lands, a right of use and occupancy of such property for such residential or agricultural purposes. The term of the right retained shall expire upon the death of the owner or the death of his spouse, whichever occurs later, or in lieu thereof, after a definite term which shall not exceed twenty-five years after the date of acquisition. The owner shall elect, at the time of conveyance, the term of the right reserved. The Secretary shall pay the owner the fair market value of the property on the date of such acquisition, less the fair market value of the term retained by the owner. Such right may, during its existence, be conveyed or transferred, but all rights of use and occupancy shall be subject to such terms and conditions as the Secretary deems appropriate to assure the use of such property in accordance with the purposes of this subchapter. Upon a determination that the property, or any portion thereof, has ceased to be used in accordance with such terms and conditions, the Secretary may terminate the right of use and occupancy by tendering to the holder of such right an amount equal to the fair market value, as of the date of the tender, of that portion of the right which remains unexpired on the date of termination.

(c)“Improved property” defined

As used in this section the term “improved property” means a detached year-round one-family dwelling which serves as the owner’s permanent place of abode at the time of acquisition, and construction of which was begun before September 3, 1969, together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949 (63 Stat. 377; 40 U.S.C. 471 et seq.), as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

§460m–9 Acquisition of Lands and Waters

Summary

Title 16, §460m–9

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata