
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460x-7]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
        SUBCHAPTER LXXXII--SLEEPING BEAR DUNES NATIONAL LAKESHORE
 
Sec. 460x-7. Acquisition of property


(a) Authority of Secretary; manner of acquisition; procedure for lands 
        partly within designated area

    The Secretary is authorized to acquire by donation, purchase with 
donated or appropriated funds, transfer funds, transfer from any Federal 
agency, or exchange lands and interests therein for the purposes of this 
subchapter. When an individual tract of land is only partly within the 
area designated, the Secretary may acquire the entire tract by any of 
the above methods to avoid the payment of severance costs. Land so 
acquired outside the designated area may be exchanged by the Secretary 
for non-Federal lands within such area, and any portion of the land not 
utilized for such exchanges may be disposed of in accordance with the 
provisions of the Federal Property and Administrative Services Act of 
1949 [40 U.S.C. 471 et seq.].

(b) Sale offers; hardship from delay; time and manner of purchase

    In exercising his authority to acquire property under this 
subchapter, the Secretary shall give immediate and careful consideration 
to any offer made by an individual owning property within the lakeshore 
to sell such property to the Secretary. An individual owning property 
within the lakeshore may notify the Secretary that the continued 
ownership by such individual of that property would result in hardship 
to him, and the Secretary shall immediately consider such evidence and 
shall within one year following the submission of such notice, subject 
to the availability of funds, purchase such property offered for a price 
which does not exceed its fair market value.

(c) State donations; transfer from Federal agency to administrative 
        jurisdiction of Secretary

    Any property or interests therein, owned by the State of Michigan or 
any political subdivisions thereof, may be acquired only by donation. 
Notwithstanding any other provision of law, any property owned by the 
United States on October 21, 1970, 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 this 
subchapter.

(d) Initiation of condemnation proceedings subsequent to failure of 
        Secretary to negotiate for purchase of property; certificate of 
        compliance with negotiation procedure

    With respect to that property which the Secretary is authorized to 
acquire by condemnation under the terms of this subchapter, the 
Secretary shall initiate no condemnation proceedings until after he has 
made every reasonable effort to acquire such property by negotiation and 
purchase. The certificate of the determination by the Secretary or his 
designated representative that there has been compliance with the 
provisions of this subsection and of subsection (b) of this section 
shall be prima facie evidence of such compliance.

(e) Condemnation to acquire clear, marketable, and encumbrance-free 
        title

    Nothing in this subchapter shall be construed to prohibit the use of 
condemnation as a means of acquiring a clear and marketable title, free 
of any and all encumbrances.

(Pub. L. 91-479, Sec. 8, Oct. 21, 1970, 84 Stat. 1077.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
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.

                  Section Referred to in Other Sections

    This section is referred to in section 460x-2 of this title.
