
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC398d]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
              SUBCHAPTER XLIV--VIRGIN ISLANDS NATIONAL PARK
 
Sec. 398d. Acquisition of lands, waters, and interests therein


(a) Authorization; payment requirements; interest rate

    Within the boundaries of Virgin Islands National Park as established 
and adjusted pursuant to sections 398 and 398a of this title, and as 
revised by sections 398c to 398f of this title, the Secretary of the 
Interior is authorized to acquire lands, waters, and interests therein 
by purchase, exchange or donation or with donated funds. In acquiring 
such lands, up to 6.6 acres, the Secretary may, when agreed upon by the 
landowner involved, defer payment or schedule payments over a period of 
ten years and pay interest on the unpaid balance at a rate not exceeding 
the current prevailing commercial rate.

(b) Employment and training of residents to develop, etc., area

    The Secretary is authorized and directed to the maximum extent 
feasible to employ and train residents of the Virgin Islands to develop, 
maintain, and administer the Virgin Islands National Park.

(c) Payment requirements for acquisition of Hassel Island from United 
        States

    Subject to continued protection and use of Hassel Island for park 
and recreation purposes, and such other conditions as the Secretary may 
deem appropriate, the Territory of the Virgin Islands may, within, but 
not after, five years after August 18, 1978, by duly enacted legislation 
acquire all interests of the United States in Hassel Island by 
reimbursing the United States in an amount equal to the amount actually 
expended by the United States for the acquisition of lands and interests 
in lands and for the costs of construction of permanent improvements, if 
any.

(d) Rights of owners of improved property on Hassel Island to use and 
        occupancy of property for noncommercial residential purposes; 
        term; payment requirements; suspension of authority to condemn 
        Royal Mail property; ``improved property'' defined; termination 
        of rights of owners to use and occupancy

    (1) Except for property deemed necessary by the Secretary of the 
Interior for visitor facilities or administration of the park, any owner 
or owners of improved property on Hassel Island on the date of its 
acquisition, may retain for themselves a right of use and occupancy of 
the property for noncommercial residential purposes for twenty-five 
years or, in lieu thereof, for a term ending at the death of the owner 
or the owner's spouse, whichever is later. The owner shall elect the 
term to be reserved. The Secretary shall pay to the owner the fair 
market value of the property on the date of such acquisition, less the 
fair market value on such date of the right retained by the owner. The 
authority of the Secretary to acquire the property commonly known as the 
Royal Mail (hotel) by condemnation shall be suspended for ten years from 
August 18, 1978, if such owner or owners agree, in writing, within 
ninety days after August 18, 1978, to grant to the United States the 
right to purchase such property at a purchase price, mutually agreed 
upon by the Secretary and the landowner, which does not exceed the fixed 
value of said property on July 1, 1978.
    (2) As used in subsection (d)(1) of this section, ``improved 
property'' means a single-family dwelling, the construction of which 
began before January 1, 1977, together with such lands as are in the 
same ownership and appurtenant buildings located thereon.
    (3) The Secretary may terminate a right of use and occupancy 
retained pursuant to subsection (d)(1) of this section upon his 
determination that such use and occupancy is being, or may be, exercised 
in a manner inconsistent with the purposes for which they were included 
within the park and upon tender to the holder of such right of the 
amount equal to the value of that portion of the right which remains 
unexpired on the date of termination.

(Pub. L. 87-750, Sec. 2, Oct. 5, 1962, 76 Stat. 747; Pub. L. 95-348, 
Sec. 7(b)(1)-(3), Aug. 18, 1978, 92 Stat. 494.)


                               Amendments

    1978--Pub. L. 95-348 designated existing provisions as subsec. (a), 
inserted provisions respecting acquisitions of up to 6.6 acres, and 
added subsecs. (b) to (d).

                  Section Referred to in Other Sections

    This section is referred to in sections 398c, 398e of this title; 
title 48 section 1705.
