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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 16 U.S.C. § 459d1 Acquisition of property us united_states_code code_section 16 CONSERVATION 1 NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES 459d1 16 U.S.C. § 459d1 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s459d1 data/legal/raw/us/code/title-16/usc16.xml 43ba96aa98504eefb45590210e325a063d71dc7fb821e48329f1ff4cb3324d2c 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 5e20ee40ce19901a39ded23245b1dd87805338dd8c8b04be5d86a35bc8f1d2a9 2026-07-04 official
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16 U.S.C. § 459d1 - Acquisition of property

Text

(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 459d2 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 459d7 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 459d7 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. 87712, § 2, Sept. 28, 1962, 76 Stat. 650.)

Notes

Statutory Notes and Related Subsidiaries

Revision of Boundaries; Addition and Deletion of AcreagePub. L. 94578, title I, § 101(13), Oct. 21, 1976, 90 Stat. 2733, as amended Pub. L. 96199, title I, § 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. 92272, which sections were not classified to the Code], shall apply to the boundary revision authorized herein.”