
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: 16USC459f-1]

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


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

    Within the boundaries of the seashore, the Secretary of the Interior 
(hereinafter referred to as the ``Secretary'') is authorized to acquire 
lands, waters, and other property, or any interest therein, by donation, 
purchase with donated or appropriated funds, exchange, or in such other 
method as he may find to be in the public interest. The Secretary is 
authorized to include within the boundaries of the seashore, not to 
exceed 112 acres of land or interests therein on the mainland in 
Worcester County, Maryland. In the case of acquisition by negotiated 
purchase, the property owners shall be paid the fair market value by the 
Secretary. Any property or interests therein owned by the States of 
Maryland or Virginia shall be acquired only with the concurrence of such 
owner. Notwithstanding any other provision of law, any Federal property 
located within the boundaries of the seashore may, with the concurrence 
of the agency having custody thereof, be transferred without 
consideration to the administrative jurisdiction of the Secretary for 
purposes of the seashore.

(b) Exchange of property; cash equalization payments; scenic easement 
        donation

    When acquiring lands by exchange, the Secretary may accept title to 
any non-Federal property within the boundaries of the seashore and 
convey to the grantor of such property any federally owned property 
under the jurisdiction of the Secretary which the Secretary classifies 
suitable for exchange or other disposal, and which is located in 
Maryland or Virginia. The properties so exchanged shall be approximately 
equal in fair market value, but the Secretary may accept cash from or 
pay cash to the grantor in order to equalize the values of the 
properties exchanged. Notwithstanding the acreage limitation set forth 
in sections 459f to 459f-11 of this title, the Secretary is authorized 
to accept the donation of a scenic easement covering the parcel of land 
adjacent to the seashore and known as the ``Woodcock Property''.

(c) Bridge acquisition; amount of compensation; payment terms and 
        conditions

    The Secretary is authorized to acquire all of the right, title, or 
interest of the Chincoteague-Assateague Bridge and Beach Authority, a 
political subdivision of the State of Virginia, in the bridge 
constructed by such authority across the Assateague Channel, together 
with all lands or interests therein, roads, parking lots, buildings, or 
other real or personal property of such authority, and to compensate the 
authority in such amount as will permit it to meet its valid outstanding 
obligations at the time of such acquisition. Payments by the Secretary 
shall be on such terms and conditions as he shall consider to be in the 
public interest. Any of the aforesaid property outside the boundaries of 
the national seashore, upon acquisition by the Secretary, shall be 
subject to his administration for purposes of the seashore.

(d) Owner's reservation of right of use and occupancy for residential or 
        hunting purposes for term of years; adjustment of compensation; 
        rules and regulations for appearance of buildings; ``improved 
        property'' defined

    Owners of improved property acquired by the Secretary may reserve 
for themselves and their successors or assigns a right of use and 
occupancy of the improved property for noncommercial residential 
purposes or for hunting purposes, as hereinafter provided, for a term 
that is not more than twenty-five years. In such cases, the Secretary 
shall pay to the owner of the property the fair market value thereof 
less the fair market value of the right retained by such owner: 
Provided, That such use and occupancy shall be subject to general rules 
and regulations established by the Secretary with respect to the outward 
appearance of any buildings on the lands involved. The term ``improved 
property'' as used in sections 459f to 459f-11 of this title shall mean 
(1) any single-family residence the construction of which was begun 
before January 1, 1964, and such amount of land, not in excess of three 
acres, on which the building is situated as the Secretary considers 
reasonably necessary to the noncommercial residential use of the 
building, and (2) any property fronting on the Chincoteague Bay or 
Sinepuxent Bay, including the offshore bay islands adjacent thereto, 
that is used chiefly for hunting and continues in such use: Provided, 
That the Secretary may exclude from improved properties any marsh, 
beach, or waters, together with so much of the land adjoining such 
marsh, beach, or waters as he deems necessary for public use or public 
access thereto.

(Pub. L. 89-195, Sec. 2, Sept. 21, 1965, 79 Stat. 824; Pub. L. 101-512, 
title I, Nov. 5, 1990, 104 Stat. 1924; Pub. L. 102-320, Sec. 1(1)-(4), 
July 10, 1992, 106 Stat. 321.)


                               Amendments

    1992--Subsec. (a). Pub. L. 102-320, Sec. 1(1), (2), amended second 
and last sentences generally, substituting reference to 112 acres for 
reference to sixteen acres for an administrative site in second sentence 
and striking out reference in last sentence to sixteen acres of Federal 
property on the mainland in Worcester County, Maryland.
    Subsec. (b). Pub. L. 102-320, Sec. 1(3), (4), amended first sentence 
generally, striking out reference to not more than sixteen acres of non-
Federal property on the mainland in Worcester County, Maryland, and 
inserted at end ``Notwithstanding the acreage limitation set forth in 
sections 459f to 459f-11 of this title, the Secretary is authorized to 
accept the donation of a scenic easement covering the parcel of land 
adjacent to the seashore and known as the `Woodcock Property'.''
    1990--Subsecs. (a), (b). Pub. L. 101-512 substituted ``sixteen 
acres'' for ``ten acres'' wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 459f, 459f-2, 459f-4, 459f-
5, 459f-7, 459f-10 of this title.
