
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: 16USC459g-1]

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


(a) Transfer from Federal agency to administrative jurisdiction of 
        Secretary; non-Federal lands

    Notwithstanding any other provision of law, Federal property located 
within the boundaries of the Cape Lookout National Seashore may, with 
the concurrence of the agency having custody thereof, be transferred to 
the administrative jurisdiction of the Secretary of the Interior for the 
purposes of the seashore. Such transfer shall be made without transfer 
of funds. Lands owned by the State of North Carolina or any political 
subdivision thereof may be acquired only by donation, but the Secretary 
may, subject to the provisions of section 459g-6 of this title, acquire 
any other non-Federal lands, marshlands, waters, or interests therein 
which are located within the boundaries of the seashore by donation, 
purchase with donated or appropriated funds, or exchange. 
Notwithstanding any other provision of law, the Secretary may accept any 
lands donated by the State of North Carolina subject to a provision for 
reversion to the State conditioned upon continued use of the property 
for national seashore purposes. Land donated by the State of North 
Carolina pursuant to this subsection shall constitute consideration for 
the transfer by the United States of 1.5 acres of land that is to be 
used as a site for a public health facility in the village of Hatteras, 
Dare County, North Carolina.

(b) Exchange of property; cash equalization payments

    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 in 
the State of North Carolina under his jurisdiction which he classifies 
as proper for exchange or other disposition. Failing to effectuate an 
exchange of properties of approximately equal fair market value, 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.

(c) Owner's reservation of right of use and occupancy for residential 
        purposes for life or fixed term of years; exclusion of property 
        necessary for public use and access; election of term

    Any person who on January 1, 1966, owned property which on July 1, 
1963, was developed and used for noncommercial residential purposes may 
reserve for himself and his assigns, as a condition to the purchase or 
acquisition by exchange of such property by the Secretary, a right of 
use and occupancy of the residence and not in excess of three acres of 
land on which the residence is situated, for noncommercial residential 
purposes for a term ending at the death of the owner, or the death of 
his spouse, or the death of either of them, or, in lieu thereof, for a 
definite term not to exceed twenty-five years: Provided, That the 
Secretary may exclude from such reserved property any marsh, beach, or 
waters, together with so much of the land adjoining such marsh, beach, 
or waters as he deems necessary for public access thereto. The owner 
shall elect the term of the right to be reserved. The Secretary is 
authorized to accept donations of property for purposes of the seashore 
in which a right of use and occupancy for noncommercial residential 
purposes is reserved for the period stated in this subsection if the 
land on which the residence is situated and to which the right attaches 
is not in excess of three acres and there is excluded from the reserved 
property such marsh, beach, or waters and adjoining land as the 
Secretary deems necessary for public use and access thereto.

(d) Termination of use and occupancy inconsistent with statutory 
        purposes and upon tender of sum for unexpired right

    A right of use and occupancy reserved in lands that are donated or 
otherwise acquired pursuant to this section shall be subject to 
termination by the Secretary upon his determination that such use and 
occupancy is being exercised in a manner not consistent with the 
purposes of sections 459g to 459g-7 of this title and upon tender to the 
holder of the right of an amount equal to the fair market value of that 
portion of the right which remains unexpired on the date of termination.

(e) Administrative site; landing dock and related approach or access 
        facilities

    The Secretary of the Interior is authorized to purchase with donated 
or appropriated funds, or acquire by exchange, not to exceed one hundred 
acres of lands or interests in lands at or near Beaufort, North 
Carolina, as an administrative site, and for a landing dock and related 
facilities that may be used to provide a suitable approach or access to 
the seashore.

(Pub. L. 89-366, Sec. 2, Mar. 10, 1966, 80 Stat. 34; Pub. L. 93-477, 
title IV, Sec. 406(2), Oct. 26, 1974, 88 Stat. 1448.)


                               Amendments

    1974--Subsec. (a). Pub. L. 93-477 substituted provisions relating to 
acquisition by donation of lands owned by the State of North Carolina 
and acquisition by donation, purchase or exchange of non-Federal lands, 
marshlands, etc., and acceptance of lands donated by North Carolina, for 
provisions relating to acquisition of non-Federal lands, marshlands, 
etc., by donation only and acquisition by exchange lands comprising the 
Shackleford Banks.

                  Section Referred to in Other Sections

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