
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: 16USC460hh-1]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
           SUBCHAPTER XCII--CHICKASAW NATIONAL RECREATION AREA
 
Sec. 460hh-1. Acquisition of property


(a) Authority of Secretary; manner of acquisition

    The Secretary may acquire land or interests in lands within the 
boundaries of the recreation area by donation, purchase with donated or 
appropriated funds, or exchange. When any tract of land is only partly 
within such boundaries, the Secretary may acquire all or any portion of 
the land outside of such boundaries in order to minimize the payment of 
severance costs. Land so acquired outside of the boundaries may be 
exchanged by the Secretary for non-Federal lands within the boundaries, 
and any land so acquired and not utilized for exchange shall be reported 
to the General Services Administration for disposal under the Federal 
Property and Administrative Services Act of 1949 (63 Stat. 377), as 
amended [40 U.S.C. 471 et seq.]. Any Federal property located within the 
boundaries of the recreation area may be transferred without 
consideration to the administrative jurisdiction of the Secretary for 
the purposes of the recreation area. Lands within the boundaries of the 
recreation area owned by the State of Oklahoma, or any political 
subdivision thereof, may be acquired only by donation: Provided, That 
the Secretary may also acquire lands by exchange with the city of 
Sulphur, utilizing therefor only such lands as may be excluded from the 
recreation area which were formerly within the Platt National Park.

(b) Acquisition of improved residential property; retention by owners of 
        right of use and occupancy for noncommercial residential 
        purposes; terms; payment of fair market value

    With respect to improved residential property acquired for the 
purposes of this subchapter, which is beneficially owned by a natural 
person and which the Secretary determines can be continued in that use 
for a limited period of time without undue interference with the 
administration, development, or public use of the recreation area, the 
owner thereof may on the date of its acquisition by the Secretary retain 
a right of use and occupancy of the property for noncommercial 
residential purposes for a term, as the owner may elect, ending either 
(1) at the death of the owner or his spouse, whichever occurs later, or 
(2) not more than twenty-five years from the date of acquisition. Any 
right so retained may, during its existence, be transferred or assigned. 
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.

(c) ``Improved residential property'' defined; determination by 
        Secretary

    As used in this subchapter, ``improved residential property'' means 
a single-family year-round dwelling, the construction of which began 
before March 1, 1975, and which serves as the owner's permanent place of 
abode at the time of its acquisition by the United States, together with 
not more than three acres of land on which the dwelling and appurtenant 
buildings are located that the Secretary finds is reasonably necessary 
for the owner's continued use and occupancy of the dwelling: Provided, 
That the Secretary may exclude from improved residential property any 
waters and adjoining land that the Secretary deems is necessary for 
public access to such waters.

(d) Termination of right of use and occupancy; determination by 
        Secretary

    The Secretary may terminate a right to use and occupancy retained 
pursuant to this section upon his determination that such use and 
occupancy is being exercised in a manner not consistent with the 
purposes of this subchapter, and upon tender to the holder of the right 
an amount equal to the fair market value of that portion of the right 
which remains unexpired on the date of termination.

(Pub. L. 94-235, Sec. 2, Mar. 17, 1976, 90 Stat. 235.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, as 
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 
Stat. 377, as amended. Provisions of that act relating to disposal of 
Government property are classified to chapter 10 (Sec. 471 et seq.) of 
Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 471 of Title 40 and Tables.
