
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: 16USC459d-1]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
         SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
 
Sec. 459d-1. Acquisition of property


(a) Authority of Secretary; manner and place; concurrence of State 
        owner; transfer from Federal agency to administrative 
        jurisdiction of Secretary

    The Secretary of the Interior (hereinafter referred to as the 
``Secretary'') is authorized to acquire by donation, purchase with 
donated or appropriated funds, condemnation, transfer from any Federal 
agency, exchange, or otherwise, the land, waters, and other property, 
and improvements thereon and any interest therein, within the areas 
described in section 459d of this title or which lie within the 
boundaries of the seashore as established under section 459d-2 of this 
title (hereinafter referred to as ``such area''). Any property, or 
interest therein, owned by the State of Texas or political subdivision 
thereof may be acquired only with the concurrence of such owner. 
Notwithstanding any other provision of law, any Federal property located 
within such area may, with the concurrence of the agency having custody 
thereof, be transferred without consideration to the administrative 
jurisdiction of the Secretary for use by him in carrying out the 
provisions of sections 459d to 459d-7 of this title.

(b) Fair market value; appraisal

    The Secretary is authorized to pay for any acquisitions which he 
makes by purchase under sections 459d to 459d-7 of this title their fair 
market value, as determined by the Secretary, who may in his discretion 
base his determination on an independent appraisal obtained by him.

(c) Exchange of property; cash equalization payments

    In exercising his authority to acquire property by exchange, the 
Secretary may accept title to any non-Federal property located within 
such area and convey to the grantor of such property any federally owned 
property under the jurisdiction of the Secretary within such area. The 
properties so exchanged shall be approximately equal in fair market 
value: Provided, That 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.

(Pub. L. 87-712, Sec. 2, Sept. 28, 1962, 76 Stat. 650.)


        Revision of Boundaries; Addition and Deletion of Acreage

    Pub. L. 94-578, title I, Sec. 101(13), Oct. 21, 1976, 90 Stat. 2733, 
as amended Pub. L. 96-199, title I, Sec. 111, Mar. 5, 1980, 94 Stat. 70, 
provided in part that: ``The Secretary of the Interior is authorized to 
revise the boundary of the seashore [Padre Island National Seashore, 
Texas] to add approximately two hundred and seventy-four acres and to 
delete approximately two thousand acres, and sections 302 and 303 of the 
Act of April 11, 1972 (86 Stat. 120, 121) [Pub. L. 92-272, which 
sections were not classified to the Code], shall apply to the boundary 
revision authorized herein.''

                  Section Referred to in Other Sections

    This section is referred to in sections 459d-2, 459d-4, 459d-6, 
459d-7 of this title.
